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Anti-miscegenation laws in the United States


Anti-miscegenation laws were a part of American law since before the United States was established and remained so until ruled unconstitutional in 1967 by the U.S. Supreme Court in Loving v. Virginia. The term miscegenation was first used in 1863, during the American Civil War, by American journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery. In those of the original Thirteen Colonies that became states and enacted such laws, they were enacted as state law in the early 18th century; a century or more after the complete racialization of slavery.

In the United States, anti-miscegenation laws (also known as miscegenation laws) were state laws passed by individual states to prohibit miscegenation, nowadays more commonly referred to as interracial marriage and interracial sex. Typically defining miscegenation as a felony, these laws prohibited the solemnization of weddings between persons of different "races" and prohibited the officiating of such ceremonies. Sometimes, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of adultery or fornication would be brought against them instead. All anti-miscegenation laws banned the marriage of whites and non-white groups, primarily blacks, but often also Native Americans and Asians.

In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites. In addition, the state of Oklahoma in 1908 banned marriage "between a person of African descent" and "any person not of African descent"; Louisiana in 1920 banned marriage between Native Americans and African Americans (and from 1920–1942, concubinage as well); and Maryland in 1935 banned marriages between blacks and Filipinos. While anti-miscegenation laws are often regarded as a Southern phenomenon, most western and plains states also had anti-miscegenation laws.


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