MISCEGENATION LAWS
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Anti-miscegenation laws: From Wikipedia, the free encyclopedia
Anti-miscegenation laws, also known as miscegenation laws, were laws that banned
interracial marriage and sometimes sex between members of two different races. In the
United States, interracial marriage, cohabitation and sex have since 1863 been termed
"miscegenation." Contemporary usage of the term "miscegenation" is less frequent. In North America, laws
against interracial marriage and interracial sex existed and were enforced in the Thirteen Colonies from the late
seventeenth century onwards, and subsequently in several US states and US territories until 1967. Similar laws
were also enforced in Nazi Germany, from 1935 until 1945, and in South Africa during the Apartheid era, from
1948 until 1984.[1]
Contents
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1 United States
o 1.1 Origins in the Colonial Era
o 1.2 After American Independence
o 1.3 Anti-Miscegenation Laws and the US Constitution
 1.3.1 Proposed Anti-Miscegenation Amendments
 1.3.2 The repeal of Anti-miscegenation laws, 1948-1967
 1.3.2.1 Loving v. Virginia
2 Anti-miscegenation Laws enacted in the Thirteen Colonies and the United States
o 2.1 Anti-miscegenation laws repealed before 1887
o 2.2 Anti-miscegenation laws repealed 1948-1967
o 2.3 Anti-miscegenation laws overturned on 12 June 1967 by Loving v. Virginia
3 Asia
o 3.1 China
o 3.2 British India and Independent India
o 3.3 Malaysia
4 Europe
o 4.1 Spain
o 4.2 France
o 4.3 United Kingdom
o 4.4 Nazi Germany
5 South Africa under Apartheid
6 See also
7 Notes
8 References
9 External links
2
United States
The term miscegenation, a word invented by American journalists to discredit the Abolitionist movement by
stirring up debate over the prospect of white-black intermarriage after the abolition of slavery, was first coined
in 1863, during the American Civil War.[2] Yet in the Thirteen Colonies laws banning the intermarriage of
whites and blacks were enacted as far back as the late seventeenth century.[citation needed]
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.[3] 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", and Kentucky and Louisiana in 1932 banned marriage between Native Americans and African
Americans.[4] While anti-miscegenation laws are often regarded as a Southern phenomenon, many northern
states had anti-miscegenation laws as well.
Although anti-miscegenation amendments were proposed in United States Congress in 1871, 1912-1913 and
1928,[5][6] a nation-wide law against racially mixed marriages was never enacted. From the 19th century into the
1950s, most US states enforced anti-miscegenation laws. From 1913 to 1948, 30 out of the then 48 states did
so.[citation needed] In 1967, the United States Supreme Court unanimously ruled in Loving v. Virginia that antimiscegenation laws are unconstitutional. With this ruling, these laws were no longer in effect in the remaining
16 states that at the time still enforced them.
[edit] Origins in the Colonial Era
The first laws criminalizing marriage and sex between whites and blacks were enacted in the colonial era in the
English colonies of Virginia and Maryland, which depended economically on unpaid labor such as indentured
servitude and slavery.
At first, in the 1660s, the first laws in Virginia and Maryland regulating marriage between whites and blacks
only pertained to the marriages of whites with black (and mulatto) slaves and indentured servants. In 1664,
Maryland enacted a law which criminalized such marriages. Virginia (1691) was the first English colony in
North America to pass a law forbidding free blacks and whites to intermarry, followed by Maryland in 1692.
This was the first time in American history that a law was invented that restricted access to marriage partners
solely on the basis of "race", not class or condition of servitude.[7] Later these laws also spread to colonies in the
Thirteen Colonies with fewer slaves and free blacks, such as Pennsylvania and Massachusetts. Moreover, after
the independence of the United States had been established, similar laws were enacted in territories and states
which outlawed slavery.
A sizable number of the early indentured servants in the British American colonies were brought over from the
Indian subcontinent by the East India Company.[citation needed] Anti-miscegenation laws discouraging interracial
marriage between white Americans and non-whites affected South Asian immigrants as early as the 17th
century.[citation needed] For example, a Eurasian daughter born to an Indian father and Irish mother in Maryland in
1680 was classified as a "mulatto" and sold into slavery .[citation needed] Anti-miscegenation laws there continued
into the early 20th century. For example, the Bengali revolutionary Tarak Nath Das's white American wife,
Mary K. Das, was stripped of her American citizenship for her marriage to an "alien ineligible for
3
[8]
citizenship." In 1918, there was considerable controversy in Arizona when an Indian farmer B. K. Singh
married the sixteen year-old daughter of one of his white tenants.[9]
In 1724, the French government issued a special Code Noir restricted to Louisiana, which banned the marriage
of whites and blacks in that colony.[10] However, interracial cohabitation and interracial sex were never
prohibited in French Louisiana (see plaçage). Under Spanish rule, interracial marriage was possible with
parental consent under the age of 25 and without it when the partners were older. In 1806, three years after the
U.S. gained control over the state, interracial marriage was once again banned.[11]
It has been argued that the first laws banning all marriage between whites and blacks, enacted in Virginia and
Maryland, were a response by the planter elite to the problems they were facing due to the socio-economic
dynamics of the plantation system in the Southern colonies. However, the bans in Virginia and Maryland were
established at a time when slavery was not yet fully institutionalized. At the time, most forced laborers on the
plantations were indentured servants, and they were mostly white. Some historians have suggested that the atthe-time unprecedented laws banning interracial marriage were originally invented by planters as a divide and
rule tactic after the uprising of servants in Bacon's Rebellion. According to this theory, the ban on interracial
marriage was issued to split up the racially mixed, increasingly mixed-race labor force into whites, who were
given their freedom, and blacks, who were later treated as slaves rather than as indentured servants. By
outlawing interracial marriage, it became possible to keep these two new groups separated and prevent a new
rebellion.
[edit] After American Independence
In the 18th, 19th, and early 20th century, many American states passed anti-miscegenation laws, which were
often defended by invoking racist interpretations of the Bible, particularly of the story of Phinehas and the
"Curse of Ham"[12]. In 1776, seven out of the Thirteen Colonies that declared their independence enforced laws
against interracial marriage. Although slavery was gradually abolished in the North after independence, this at
first had little impact on the enforcement of anti-miscegenation laws. An exception was Pennsylvania, which
repealed its anti-miscegenation law in 1780, together with some of the other restrictions placed on free blacks,
when it enacted a bill for the gradual abolition of slavery in the state. Later, in 1843, Massachusetts repealed its
anti-miscegenation law after abolitionists protested against it. However, as the US expanded, all the new slave
states as well as many new free states such such as Illinois[13] and California[14] enacted such laws.
Arkansas, Florida, Louisiana, Texas, South Carolina and Alabama legalized interracial marriage for some years
during the Reconstruction period. Anti-miscegenation laws rested unenforced, were overturned by courts or
repealed by the state government (in Arkansas[15] and Louisiana[16]). However, after conservative white
Democrats took power in the South during Redemption, anti-miscegenation laws were once more enforced, and
in addition Jim Crow laws were enacted in the South which enforced racial segregation.[17]
A number of northern and western states permanently repealed their anti-miscegenation laws during the
nineteenth century. This, however, did little to halt anti-miscegenation sentiments in the rest of the country.
Newly established western states continued to enact laws banning interracial marriage in the late nineteenth and
early twentieth century. Between 1913 and 1948, 30 out of the then 48 states enforced anti-miscegenation
laws.[18] Only Connecticut, New Hampshire, New York, New Jersey, Vermont, Wisconsin, Minnesota, Alaska,
Hawaii, and the federal District of Columbia never enacted them.
[edit] Anti-Miscegenation Laws and the US Constitution
The constitutionality of anti-miscegenation laws was upheld by the U.S. Supreme Court in the 1883 case Pace
v. Alabama (106 U.S. 583). The Supreme Court ruled that the Alabama anti-miscegenation statute did not
4
violate the Fourteenth Amendment to the United States Constitution. According to the court, both races were
treated equally, because whites and blacks were punished in equal measure for breaking the law against
interracial marriage and interracial sex. This judgment was overturned in 1967 in the Loving v. Virginia case,
where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and
therefore unconstitutional.
[edit] Proposed Anti-Miscegenation Amendments
At least three proposed constitutional amendments intended to bar interracial marriage in the United States have
been introduced in Congress.[19]
In 1871, Representative Andrew King (Democrat of Missouri) was the first politician in Congress to propose a
constitutional amendment to make interracial marriage illegal nation-wide. King proposed this amendment
because he feared that the Fourteenth Amendment, ratified in 1868 to give equal civil rights to the emancipated
ex-slaves (the Freedmen) as part of the process of Reconstruction, would render laws against interracial
marriage unconstitutional.
In December 1912 and January 1913, Representative Seaborn Roddenbery (Democrat of Georgia) again
introduced a proposal in the United States House of Representatives to insert a prohibition of miscegenation
into the US Constitution and thus create a nation-wide ban on interracial marriage. According to the wording of
the proposed amendment, "Intermarriage between negros or persons of color and Caucasians... within the
United States... is forever prohibited." Roddenbery's proposal was more severe because it defined the racial
boundary between whites and "persons of color" by applying the one-drop rule. In his proposed amendment,
anyone with "any trace of African or Negro blood" was banned from marrying a white spouse.
Roddenbery's proposed amendment was also a direct reaction to African American heavyweight champion Jack
Johnson's marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had
become the first black boxing world champion, having beaten Tommy Burns. After his victory, the search was
on for a white boxer, a "Great White Hope", to beat Johnson. Those hopes were dashed in 1912, when Johnson
beat former world champion Jim Jeffries. This victory ignited race riots all over America as frustrated whites
attacked celebrating African Americans [Rust and Rust, 1985, p. 147]. Johnson's marriages to and affairs with
white women further infuriated white Americans. In his speech introducing his bill before the United States
Congress, Roddenbery compared the marriage of Johnson and Cameron to the enslavement of white women,
and warned of future civil war that would ensue if interracial marriage was not made illegal nationwide:
"No brutality, no infamy, no degradation in all the years of southern slavery, possessed such villainious
character and such atrocious qualities as the provision of the laws of Illinois, Massachusetts, and other states
which allow the marriage of the negro, Jack Johnson, to a woman of Caucasian strain. [applause]. Gentleman, I
offer this resolution ... that the States of the Union may have an opportunity to ratifty it. ... Intermarriage
between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent
and repugnant to the very principles of Saxon government. It is subversive of social peace. It is destructive of
moral supremacy, and ultimately this slavery of white women to black beasts will bring this nation a conflict as
fatal as ever reddened the soil of Virginia or crimsoned the mountain paths of Pennsylvania. ... Let us uproot
and exterminate now this debasing, ultra-demoralizing, un-American and inhuman leprosy"
Congressional Record, 62d. Congr., 3d. Sess., December 11, 1912, pp. 502–503.
Spurred on by Roddenbery's introduction of the anti-miscegenation amendment, politicians in many of the 19
states lacking anti-miscegenation laws proposed their enactment. However, Wyoming in 1913 was the only
state lacking such a law that enacted one.[citation needed] Also in 1913, the Commonwealth of Massachusetts, which
5
[20]
had abolished its anti-miscegenation law in 1843, enacted a measure (not repealed until 2008 ) that
prevented couples who could not marry in their home state from marrying in Massachusetts.[21]
In 1928, Representative Coleman Blease (Democrat of South Carolina) proposed an amendment that went
beyond the previous ones, requiring that Congress set a punishment for interracial couples attempting to get
married and for people officiating an interracial marriage. This amendment was also never enacted.[22]
[edit] The repeal of Anti-miscegenation laws, 1948-1967
The constitutionality of anti-miscegenation laws only began to be widely called into question after the World
War II. In 1948, the California Supreme Court in Perez v. Sharp ruled that the Californian anti-miscegenation
statute violated the Fourteenth Amendment to the United States Constitution and was therefore unconstitutional.
This was the first time since Reconstruction that a state court had declared an anti-miscegenation law
unconstitutional. California was the first state since Ohio in 1887 to repeal its anti-miscegenation law.
As a result, during the 1950s, anti-miscegenation laws were repealed or overturned in state after state, except in
the South. Nonetheless, in the 1950s, the repeal of anti-miscegenation laws was still a controversial issue in the
U.S., even among supporters of racial integration.
In 1958, the political theorist Hannah Arendt, an emigre from Nazi Germany, wrote in an essay in response to
the Little Rock Crisis, the Civil Rights struggle for the racial integration of public schools which took place in
Little Rock, Arkansas in 1957, that anti-miscegenation laws were an even deeper injustice than the racial
segregation of public schools. The free choice of a spouse, she argued in Reflections on Little Rock, was "an
elementary human right": "Even political rights, like the right to vote, and nearly all other rights enumerated in
the Constitution, are secondary to the inalienable human rights to 'life, liberty and the pursuit of happiness'
proclaimed in the Declaration of Independence; and to this category the right to home and marriage
unquestionably belongs." Arendt was severely criticized by fellow liberals, who feared that her essay would
arouse the racist fears common among whites and thus hinder the struggle of African-Americans for Civil
Rights and racial integration. Commenting on the Supreme Court's ruling in Brown v. Board of Education of
Topeka against de jure racial segregation in education, Arendt argued that anti-miscegenation laws were more
basic to racial segregation than racial segregation in education.
Arendt's analysis of the centrality of laws against interracial marriage to white supremacy echoed the
conclusions of Gunnar Myrdal. In his essay, Social Trends in America and Strategic Approaches to the Negro
Problem (1948), Myrdal ranked the social areas where restrictions were imposed by Southern whites on the
freedom of African-Americans through racial segregation from the least to the most important: jobs, courts and
police, politics, basic public facilities, "social equality" including dancing and handshaking, and most
importantly, marriage. This ranking was indeed reflective of the way in which the barriers against desegregation
fell under the pressure of the protests of the emerging Civil Rights movement. First, legal segregation in the
army, in education and in basic public services fell, then restrictions on the voting rights of African-Americans
were lifted. These victories were ensured by the Civil Rights Act of 1964. But the bans on interracial marriage
were the last to go, in 1967.
Most white Americans in the 1950s were opposed to interracial marriage and did not see laws banning
interracial marriage as an affront to the principles of American democracy. A 1958 Gallup poll showed that 96
percent of white Americans disapproved of interracial marriage. However, attitudes towards bans on interracial
marriage quickly changed in the 1960s.
By the 1960s, civil rights organizations were helping interracial couples who were being penalized for their
relationships to take their cases to the Supreme Court. Since Pace v. Alabama, the court had declined to make a
judgment in such cases. But in 1964, the Warren Court decided to issue a ruling in the case of an interracial
6
couple from Florida who had been convicted because they had cohabited. In McLaughlin v. Florida, the
Supreme Court ruled that the Florida state law which prohibited cohabitation between whites and non-whites
was unconstitutional and based solely on a policy of racial discrimination. However, the court did not rule on
the Florida's ban on marriage between whites and non-whites, despite the appeal of the plaintiffs to do so and
the argument made by the state of Florida that its ban on cohabitation between whites and blacks was ancillary
to its ban on marriage between whites and blacks. However, in 1967, the court did decide to rule on the
remaining anti-miscegenation laws when it was presented with the case of Loving v. Virginia.
[edit] Loving v. Virginia
Main article: Loving v. Virginia
All bans on interracial marriage were lifted only after an interracial couple from Virginia, Richard and Mildred
Loving, began a legal battle in 1963 for the repeal of the anti-miscegenation law which prevented them from
living as a couple in their home state of Virginia. The Lovings were supported by the NAACP Legal Defense
Fund, the Japanese American Citizens League and a coalition of Catholic bishops.
In 1958, Richard and Mildred Loving had married in Washington, D.C. to evade Virginia's anti-miscegenation
law (the Racial Integrity Act). Having returned to Virginia, they were arrested in their bedroom for living
together as an interracial couple. The judge suspended their sentence on the condition that the Lovings would
leave Virginia and not return for 25 years. In 1963, the Lovings, who had moved to Washington, D.C, decided
to appeal this judgment. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, refused
to reconsider his decision. Instead, he defended racial segregation, writing:
"Almighty God created the races white, black, yellow, and red, and he placed them on separate continents. And
but for the interference with his arrangement there would be no cause for such marriages. The fact that he
separated the races shows that he did not intend for the races to mix."[23]
The Lovings then took their case to the Supreme Court of Virginia, which invalidated the original sentence but
upheld the state's Racial Integrity Act. Finally, the Lovings turned to the U.S Supreme Court. The court, which
had previously avoided taking miscegenation cases, agreed to hear an appeal. In 1967, 84 years after Pace v.
Alabama in 1883, the Supreme Court ruled unanimously in Loving v. Virginia that:
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny
this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes,
classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is
surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment
requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our
Constitution, the freedom to marry, or not to marry, a person of another race resides with the individual and
cannot be infringed by the State."
The Supreme Court condemned Virginia's anti-miscegenation law as "designed to maintain White supremacy".
In 1967, 17 Southern states (all the former slave states plus Oklahoma) still enforced laws prohibiting marriage
between whites and people of color. Maryland repealed its law in response to the start of the proceedings at the
Supreme Court. After the ruling of the Supreme Court, the remaining laws were no longer in effect.
Nonetheless, it took South Carolina until 1998 and Alabama until 2000 to officially amend their states'
constitutions to remove language prohibiting miscegenation. In the respective referendums, 62% of voters in
South Carolina and 59% of voters in Alabama voted to remove these laws.[24]
7
In 2009, Keith Bardwell, a justice of the peace in Robert, Louisiana, refused to officiate a civil wedding for an
interracial couple. A nearby justice of the peace, on Bardwell's referral, officiated the wedding; the interracial
couple sued Keith Bardwell and his wife Beth Bardwell in federal court.[25] See refusal of interracial marriage in
Louisiana.
[edit] Anti-miscegenation Laws enacted in the Thirteen Colonies and
the United States
U.S States, by the date of repeal of anti-miscegenation laws:
No laws passed
Before 1887
1948 to 1967
12 June 1967
[edit] Anti-miscegenation laws repealed before 1887
First law
passed
Illinois
1829
Iowa
1839
Kansas
1855
New Mexico 1857
Law
repealed
1874
1851
1859
1866
Maine
1821
1883
Massachusetts 1705
1843
Michigan
1838
1883
Ohio
1861
1887
Pennsylvania 1725
Rhode Island 1798
1780
1881
State
Races banned from
Note
marrying whites
Blacks
Blacks
Blacks
Law repealed before reaching statehood
Blacks
Law repealed before reaching statehood
Blacks, Native
Americans
Passed the 1913 law preventing out-of-state
Blacks, Native
couples from circumventing their home-state antiAmericans
miscegenation laws
Blacks
Last state to repeal its anti-miscegenation law
Blacks
before California did so in 1948
Blacks
Blacks, Native
8
Washington
1855
1868
Americans
Blacks, Native
Americans
Law repealed before reaching statehood
[edit] Anti-miscegenation laws repealed 1948-1967
State
Arizona
First law
Law
passed repealed
1865
1962
California 1850
1948
Colorado 1864
1957
Idaho
1864
1959
Indiana
1818
1965
Maryland 1692
1967
Montana 1909
Nebraska 1855
1953
1963
Nevada
1861
1959
North
Dakota
1909
1955
Oregon
1862
1951
South
Dakota
1909
1957
Utah
1852
1963
Wyoming 1913
1965
Races banned from
Note
marrying whites
Blacks, Asians,
Filipinos ("Malays") and Indians ("Hindus") added to
Filipinos, Indians
list of "races" in 1931
Anti-miscegenation law overturned by state judiciary
Blacks, Asians,
in Supreme Court of California case Perez v. Sharp.
Filipinos
Most Hispanics were included in White category.
Blacks
Blacks, Native
Americans, Asians
Blacks
Repealed its law in response to the start of the Loving
Blacks, Filipinos
v. Virginia case
Blacks, Asians
Blacks, Asians
Blacks, Native
Americans, Asians,
Filipinos
Blacks
Blacks, Native
Americans, Asians,
Native Hawaiians
Blacks, Asians,
Filipinos
Blacks, Asians,
Filipinos
Blacks, Asians,
Filipinos
[edit] Anti-miscegenation laws overturned on 12 June 1967 by Loving v. Virginia
State
Alabama
Arkansas
Delaware
Florida
Georgia
First law
passed
1822
1838
1721
1832
1750
Races banned from
marrying whites
Blacks
Blacks
Blacks
Blacks
All non-whites
Note
Repealed during Reconstruction, law later reinstated
Repealed during Reconstruction, law later reinstated
Repealed during Reconstruction, law later reinstated
9
Kentucky
Louisiana
Mississippi
Missouri
North
Carolina
Oklahoma
South
Carolina
Tennessee
Texas
1792
1724
1822
1835
Blacks
Blacks
Blacks, Asians
Blacks, Asians
1715
Blacks, Native Americans
1897
Blacks
1717
All non-whites
1741
1837
Blacks, Native Americans
Blacks, Filipinos
Virginia
1691
All non-whites
West
Virginia
1863
Blacks
Repealed during Reconstruction, law later reinstated
Repealed during Reconstruction, law later reinstated
Repealed during Reconstruction, law later reinstated
Previous anti-miscegenation law made more severe by
Racial Integrity Act of 1924
[edit] Asia
[edit] China
There have been various periods in the history of China where large numbers of Arabs, Persians and Turks from
the "Western Regions" (Central Asia and West Asia) migrated to China, beginning with the arrival of Islam
during the Tang Dynasty in the 7th century. Due to the majority of these immigrants being male, they often
intermarried with local Han Chinese females. There were laws and policies which discouraged miscegenation
during the Tang Dynasty, 836 AD, a decree forbidding Chinese to have relations with peoples of color, such as
Iranians, Arabs, Indians, Malays, Sumatrans, and so on.[26] Race riots and massacres resulting in the deaths of
several thousand Muslim merchants like Arabs and Persians in Hangzhou occurred. These laws were later
relaxed during the Song Dynasty, which allowed third-generation immigrants with official titles to intermarry
with Chinese imperial princesses. Immigration to China increased under the Mongol Empire, when large
numbers of West and Central Asians were brought over to help govern Yuan China in the 13th century.
Intermarriage was later encouraged during the Ming Dynasty.[27]
During the Qing dynasty, Manchus and Mongols were prohibited from marrying the Han Chinese but those
within the Eight Banners were exempt, usually a Manchu bannerman to a Han bannerwoman.[28] In 1822, all
Manchu men were given the right to marry Han women. The edict prohibiting miscegenation was thoroughly
repealed on February 1, 1902.
[edit] British India and Independent India
As British females began arriving to British India in large numbers around the early to mid-19th century,
miscegenation became increasingly common. Relations between Indian men and British women became
despised after the events of the Indian Rebellion of 1857, known as "India's First War of Independence" to the
Indians and as the "Sepoy Mutiny" to the British, where Indian sepoys rebelled against the British East India
Company. While incidents of war rape committed by Indian rebels against English women and girls occurred
during the rebellion, this was exaggerated to great effect by the British media in order to justify vicious reprisals
in the short run and continued British colonialism in the Indian subcontinent in the long run.[29]
10
Despite the questionable authenticity of many colonial accounts regarding the rebellion, the stereotype of the
Indian "dark-skinned rapist" occurred frequently in English literature of the late 19th and early 20th centuries.
The idea of protecting English "female chastity" from the "lustful Indian male" had a significant influence on
the policies of the British Raj. However, while widespread prejudice, and the fear of professional and personal
ruin prevented significant numbers from inter-marrying, there were no formal laws prohibiting marriage
between Britons and Indians in British-ruled India.[citation needed]
India's Constitution refers to the children of an Indian father and European mother as Indian but the children of
a European father and Indian mother as "Anglo-Indian".[30]
[edit] Malaysia
In Malaysia, the majority of inter-ethnic marriages are between Chinese and Indians. The offspring of such
marriages are informally known as "Chindian", though the Malaysian government only classifies them by their
father's ethnicity. As the majority of these intermarriages usually involve an Indian groom and Chinese bride,
the majority of Chindians in Malaysia are usually classified as "Indian" by the Malaysian government. Certain
religion-based anti-miscegenation laws apply to the Malays, however, who are predominantly Muslim. Legal
restrictions in Malaysia make it very difficult for Malays to intermarry with either the Chinese or Indian
populations.[31]
[edit] Europe
[edit] Spain
After the Umayyad conquest of Hispania in the 8th century, the Islamic state of Al-Andalus was established in
the Iberian Peninsula, where it was common for Arab and Berber males from North Africa to intermarry with
the local Visigothic, Suebi, Roman and Iberian females of Hispania.[32][33] The offspring of such marriages were
known as Muladi or Muwallad, an Arabic term still used in the modern Arab world to refer to people with an
Arab parent and a non-Arab parent.[34] This term was also the origin for the Spanish word Mulatto.[35][36]
By the 11th or 12th century, the Muslim population of Al-Andalus had merged into a homogeneous group of
people known as the "Moors". After the Reconquista, which was completed in 1492, most of the Moors were
forced to either flee to Morocco or convert to Christianity. The ones who converted to Christianity were known
as Moriscoes, and they were often targeted by the Spanish Inquisition as suspects of heresy on the basis of the
Limpieza de sangre ("Cleanliness of blood") or "blue blood" doctrine, under which anti-miscegenation laws
were implemented in Spain, which prevented miscegenation between those with pure European blood and those
with Moorish or Jewish blood.[37][dubious – discuss] Anyone whose ancestors had miscegenated with the Moors or
Jews were also especially monitored by the Inquisition to prevent their return to the Islamic or Jewish faiths.
[edit] France
During World War I, there were 135,000 soldiers from British India,[38] a large number of soldiers from French
North Africa,[39] and 20,000 labourers from South Africa,[40] who served in France. Much of the French male
population had gone to war, leaving behind a surplus of French females,[41] many of whom formed interracial
relationships with non-white soldiers, mainly Indian[42][43] and North African.[38] British and French authorities
allowed foreign Muslim soldiers to intermarry with local French females on the basis of Islamic law, which
allows marriage between Muslim males and Christian and Jewish females. On the other hand, Hindu soldiers in
France were restricted from intermarriage on the basis of the Indian caste system.[43]
11
While the French were not as concerned about interracial relationships, the British made attempts to prevent
their Indian troops from engaging in such relationships with white females, by implementing curfews and
preventing female nurses from servicing wounded Indian troops in British-run hospitals.[39] On the other hand,
French-run hospitals had no problem with having female nurses servicing wounded Indian and North African
soldiers, though contacts with black African labourers and soldiers were more severely restricted by both British
and French authorities.[38][44]
[edit] United Kingdom
Following World War I, there was a large surplus of females in the United Kingdom,[45] and there were
increasing numbers of seamen arriving from the Indian subcontinent, Arab World, Far East and Caribbean. This
led to increased intermarriage and cohabitation with local white females, which raised concerns over
miscegenation and led to several race riots at the time.[46] In the 1920s to 1940s, several legal scholars raised
concerns about an increasing 'mixed-breed' population, born mainly from foreign Muslim (mostly Indian as well
as Arab, Malayan and Somali) fathers and local white mothers, occasionally out of wedlock. They denounced
white girls who mixed with foreign Muslim men as 'shameless' and called for a legislative ban on the breeding
of 'half-caste' children. These calls for anti-miscegenation laws were unsuccessful, however.[47]
[edit] Nazi Germany
Discrimination against miscegenation mostly followed the mainstream Nazi anti-Semitism, which considered
the Jewry as being a group of people bound by close, so-called genetic (blood) ties, to form a unit, which one
could not join or secede from. The influence of Jews had been declared to have detrimental impact on Germany,
in order to rectify the discriminations and persecutions of Jews. To be spared from that, one had to prove one's
affiliation with the group of the so-called Aryan race.
Although Nazi doctrine stressed the importance of physiognomy and genes in determining race, in practice race
was determined only through the religions followed by each individual's ancestors. Individuals were considered
"non-Aryan" (ie. Jewish) if at least three of four of their grandparents had been enrolled as members of a Jewish
congregation; it did not matter if those grandparents had been born to a Jewish family or had converted to
Judaism in adulthood. The actual religious beliefs of the individual himself or herself were also immaterial, as
was the individual's status under Halachic law.
An anti-miscegenation law was enacted by the National Socialist government in September 1935 as part of the
Nuremberg Laws. The Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre (Protection of German
Blood and German Honor Act), enacted on 15 September 1935, forbade marriage and extramarital sexual
relations between persons racially – or rather racistically – regarded as so-called non-Aryans and Aryans
(persons of “German or related blood”), this included all marriages, where at least one partner was a German
citizen.[48] Non-Aryans comprised mostly Jewish Germans and Gentile Germans of Jewish descent. However,
Germans of extra-European and especially of African descent and Germans regarded as belonging to the
minority group of Sinti and Roma (Gypsies) were also considered as non-Aryans. On November 14, the law
was extended to Gypsies and Blacks[49]. Such extramarital intercourse was marked as Rassenschande (lit. racedisgrace) and could be punished by imprisonment - later usually followed by the deportation to a concentration
camp, often entailing the inmate's death. Germans of African and other extra-European descent were classified
following their own origin or the origin of their parents. Sinti and Roma were mostly categorised following
police records, e.g. mentioning them or their forefathers as Gypsies, when having been met by the police as
travelling peddlers.
The existing 20,454 (as of 1939) marriages between persons racially regarded as so-called Aryans and so-called
non-Aryans - called mixed marriages (German: Mischehe) - would continue.[50] However, the government eased
12
[51]
the conditions for the divorce of mixed marriages. In the beginning the Nazi authorities hoped to make the
so-called Aryan partner get a divorce from their non-Aryan-classified spouses, by granting easy legal divorce
procedures and opportunities for the so-called Aryan spouse to withhold most of the common property after a
divorce.[52] Those who stuck to their spouse, would suffer discriminations like dismissal from public
employment, exclusion from civic society organisations, etc.[53]
Eventual children - whenever born - within a mixed marriage, as well as children from extramarital mixed
relationships born until July 31, 1936, were discriminated as Mischlinge. However, children later born to mixed
parents, not yet married at passing the Nuremberg Laws, were to be discriminated as Geltungsjuden, regardless
if the parents had meanwhile married abroad or remained unmarried. Eventual children, who were enrolled in a
Jewish congregation, were also subject to the discrimination as Geltungsjuden.
According to the Nazi family value attitude the husband was regarded the head of a family. Thus people living
in a so-called mixed marriage were treated differently according to the sex of the so-called Aryan spouse and
according to the religious affiliation of the children, their being or not being enrolled with a Jewish
congregation. Nazi-termed mixed marriages were often not interfaith marriages, because in many cases the
classification of one spouse as non-Aryan was only due to her or his grandparents, being enrolled with a Jewish
congregation or else classified as non-Aryan. In many cases both spouses had a common faith, either because
the parents had already converted or because at marrying one spouse converted to the religion of the second
(Marital conversion). Traditionally the wife used to be the convert.[54] However, in urban areas and after 1900
actual interfaith marriages occurred more often, with interfaith marriages legally allowed in some states of the
German Confederation since 1847, and generally since 1875, when civil marriage became an obligatory
prerequisite for any religious marriage ceremony all around united Germany.
Most mixed marriages occurred with one spouse being considered as non-Aryan, due to his or her Jewish
descent. So many special regulations were developed for such couples. A differentiation of privileged and other
mixed marriages emerged on 28 December 1938, when Hermann Göring discretionarily ordered this in a letter
to the Reich's Ministry of the Interior.[55] The "Gesetz über die Mietverhältnisse mit Juden" (English: Law on
Tenancies with Jews) of 30 April 1939, allowing proprietors to unconditionally cancel tenancy contracts with
Germans, classified as Jews, and forcing them to move into houses reserved for them, for the first time enacted
Göring's spontaneous creation, by defining so-called privileged mixed marriages and excepting them from the
act.[56]
The legal definitions decreed: The marriage of a Gentile husband and his wife, being a Jewess or being
classified as a Jewess due to her descent, was generally considered to be a so-called privileged mixed marriage,
unless they had children, who were enrolled in a Jewish congregation. Then the husband was obviously not the
dominant part in the family and the wife had to wear the Yellow badge and the children as well, who were thus
discriminated as Geltungsjuden. Without children, or with children not enrolled with a Jewish congregation, the
Jewish-classified wife was spared from wearing the yellow badge (else compulsory for Germans classified as
Jews as of 1 September 1941).
In the opposite case, when the wife was classified as an Aryan and the husband as a Jew, the husband had to
wear the yellow badge, if they had no children or children enrolled with a Jewish congregation. In case they had
common children not enrolled in a Jewish congregation (irreligionist, Christian etc.) they were discriminated as
Mischlinge and their father was spared from wearing the yellow badge.
Since there was no elaborate regulation, the practice of excepting privileged mixed marriages from anti-Semitic
invidiousnesses varied amongst Greater Germany's different Reichsgaue, however all discriminations enacted
until December 28, 1938 remained valid without exceptions for privileged mixed marriages. In the Reichsgau
Hamburg, e.g., Jewish-classified spouses living in privileged mixed marriages received equal food rations like
Aryan-classified Germans, in many other Reichsgaue they received shortened rations.[57] In some Reichsgaue
13
also privileged mixed couples and their eventually minor children, whose father was classified as a Jew, were
forced to move into houses reserved for Jews only, in 1942 and 1943, thus making a privileged mixed marriage
one, where the husband was the one classified Aryan.
The arbitrary practice for privileged mixed marriages led to different compulsions to forced labour in 1940,
partially ordered for all Jewish-classified spouses, or only for Jewish-classified husbands or only excepting
Jewish-classified wives, taking care of minor children. No document indicated the exception of a mixed
marriage from some persecutions and especially of its Jewish-classified spouse.[58] Thus on an eventual arrest,
non-arrested relatives or friends had to prove the exceptional status, hopefully fast enough to rescue the arrested
from eventual deportation or else what.
Systematic deportations of Jewish Germans and Gentile Germans of Jewish descent started on October 18,
1941.[59] German Jews and Jewesses and German Gentiles of Jewish descent living in mixed marriage were in
fact mostly spared from deportation.[60] In case a mixed marriage ended by death of the so-called Aryan spouse
or divorce the Jewish-classified spouse, residing within Germany, was usually deported soon after, unless the
couple still had minor children not counting as Geltungsjuden.[57]
In March 1943 an attempt to deport the Berlin-based Jews and Gentiles of Jewish descent, living in nonprivileged mixed marriages, failed due to public protest by their relatives-in-law of so-called Aryan kinship (see
Rosenstraße protest). Also the Aryan-classified husbands and Mischling-classified children (starting at the age
of 16) from mixed marriages were taken by the Organisation Todt for forced labour, starting in autumn 1944.
A last attempt, undertaken in February/March 1945 ended, because the extermination camps already were
liberated. However, 2,600 from all over the Reich were deported to Theresienstadt, of whom most survived the
last months until their liberation.[61]
With the defeat of Nazi Germany in 1945 the laws banning so-called mixed marriages were lifted again. If
couples, who lived together already during the Nazi era, however unmarried due to the legal restrictions,
married after the war, their date of marriage had been legally retroactively backdated, if they wished so, to the
date they formed a couple.[62] Even if one spouse was already dead, the marriage could be retroactively
recognised, in order to legitimise eventual children and enable them or the surviving spouse to inherit from their
late father or partner, respectively. In the West German Federal Republic of Germany 1,823 couples applied for
recognition, which was granted in 1,255 cases.
[edit] South Africa under Apartheid
South Africa’s Prohibition of Mixed Marriages Act, passed in 1949 under Apartheid, forbade marriages
between whites and non-whites. The Population Registration Act (No. 30) of 1950 provided the basis for
separating the population of South Africa into different races. Under the terms of this act, all residents of South
Africa were to be classified as white, coloured, or native (later called Bantu) people. Indians were included
under the category "Asian" in 1959. Also in 1950, the Immorality Act was passed, which criminalized all sexual
relations between whites and non-whites. The Immorality Act of 1950 extended an earlier ban on sexual
relations between whites and blacks (the Immorality Act [No. 5] of 1927) to a ban on sexual relations between
whites and any non-whites.[63] Both Acts were repealed in 1985.
[edit] See also



1913 law
Amalgamation (history)
Apartheid
14
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













Hypodescent
Interracial marriage
Jim Crow laws
Judicial aspects of race in the United States
Loving Day
Loving v. Virginia
McLaughlin v. Florida
Miscegenation
Nuremberg laws
One drop rule
Pace v. Alabama
Perez v. Sharp
Race (historical definitions)
Racial Integrity Act of 1924
Scientific racism
Social interpretations of race
[edit] Notes
1. ^ David Hollinger (2003) Amalgamation and Hypodescent: The Question of Ethnoracial Mixture in the
History of the United States, American Historical Review, Vol. 108, Iss. 5
2. ^ Fredrickson, George M. (1987), The Black Image in the White Mind, Wesleyan University Press,
p. 172, ISBN 0819561886, http://books.google.com/books?id=MB8Zmmm7L-wC
3. ^ Chin, Gabriel J. & Hrishi Karthikeyan, Preserving Racial Identity: Population Patterns and the
Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950, 9 Asian Law Journal 1
(2002)
4. ^ The History of Jim Crow
5. ^ Courtroom History, Loving Day, http://lovingday.org/courtroom.htm, retrieved 2008-01-02
6. ^ Edward Stein (2004) (pdf), PAST AND PRESENT PROPOSED AMENDMENTS TO THE UNITED
STATES CONSTITUTION REGARDING MARRIAGE∗, 82, Washing State University Law Quarterly,
http://web.archive.org/web/20060812025324/http://law.wustl.edu/WULQ/823/p+611+Stein+book+pages.pdf, retrieved 2008-01-04, archived from the original on 2006-08-12.
7. ^ Frank W Sweet (January 1, 2005), The Invention of the Color Line: 1691—Essays on the Color Line
and the One-Drop Rule, Backentyme Essays, http://www.backintyme.com/essay050101.htm, retrieved
2008-01-04
8. ^ Francis C. Assisi (2005), Indian-American Scholar Susan Koshy Probes Interracial Sex, INDOlink,
http://www.indolink.com/displayArticleS.php?id=111605054006, retrieved 2009-01-02
9. ^ Echoes of Freedom: South Asian Pioneers in California, 1899-1965 - Chapter 9: Home Life, The
Library, University of California, Berkeley,
http://www.lib.berkeley.edu/SSEAL/echoes/chapter9/chapter9.html, retrieved 2009-01-08
10. ^ Interracial Marriage and Cohabitation Laws, Redbone Heritage Foundation,
http://www.redboneheritagefoundation.com/Chronicles/interracial_marriage_timeline.htm, retrieved
2008-01-04
11. ^ Kimberly S. Hanger, Bounded Lives, Bounded Places: Free Black Society in Colonial New
Orleans,1769-1803. Durham N.C., and London: Duke University Press, 1997.
12. ^ Stephen R. Haynes (2002), Noah's Curse: The Biblical Justification of American Slavery, Oxford
University Press US, http://books.google.com/books?id=ioYDJ4GK3tYC, retrieved 2008-01-07
13. ^ Steiner, Mark. “The Lawyer as Peacemaker: Law and Community in Abraham Lincoln’s Slander
Cases”. The History Cooperative
15
14. ^ enacted similar anti-miscegenation laws.“Chinese Laborers in the West”Smithsonian Asian Pacific
American Program
15. ^ Robinson II, Charles F., University of Arkansas, Fayetteville. The Encyclopedia of Arkansas History
& Culture. (accessed January 4, 2007).
16. ^ Miscegenation and competing definitions of race in twentieth-century Louisiana.
17. ^ Wallenstein, Peter, Tell the Court I love my wife
18. ^ Where were interracial couples illegal?, Loving Day, http://lovingday.org/map.htm, retrieved 200801-04
19. ^ John R. Vile (2003), Encyclopedia of constitutional amendments, proposed amendments, and
amending issues, 1789-2002 (second ed.), ABC-CLIO, p. 243, ISBN 9781851094288,
http://books.google.com.ph/books?id=T0IGUhxqUuYC
20. ^ "Governor signs law allowing out-of-state gays to wed". The Boston Globe. 2008-07-31.
http://www.boston.com/news/local/breaking_news/2008/07/gov_to_sign_bil.html?p1=Well_MostPop_E
mailed7. Retrieved 2009-09-11.
21. ^ "Big marriage rulings are coming in the next month". Gay People's Chronicle. 2006-02-17.
http://www.gaypeopleschronicle.com/stories06/february/0217063.htm. Retrieved 2009-09-11.
22. ^ Anti-Miscagenation laws, Reference.com, http://www.reference.com/browse/wiki/Antimiscegenation_laws
23. ^ Tucker, Neely (June 13, 2006). “Loving Day Recalls a Time When the Union of a Man And a Woman
Was Banned”. Washington Post.
24. ^ Alabama removes ban on interracial marriage, USA Today, November 7, 2000,
http://www.usatoday.com/news/vote2000/al/main03.htm, retrieved 2008-01-04
25. ^ Eileen Sullivan and the Associated Press, "Man's halt of interracial marriage sparks outrage" in New
York Times, October 16, 2009; Humphrey v. Bardwell on Justia.
26. ^ Gernet, Jacques (1996), A History of Chinese Civilization (2 ed.), Cambridge University Press, p. 294,
http://books.google.com/books?id=jqb7L-pKCV8C, ISBN 0521497817, ISBN 9780521497817.
27. ^ Chinese of Arab and Persian descent, ColorQ World,
http://www.colorq.org/MeltingPot/article.aspx?d=Asia&x=ChineseWestAsians, retrieved 2008-12-23
28. ^ Ebrey, Patricia (1993). Chinese Civilization: A Sourcebook. Simon and Schuster,
29. ^ Beckman, Karen Redrobe (2003), Vanishing Women: Magic, Film, and Feminism, Duke University
Press, pp. 31–3, ISBN 0822330741
30. ^ Constitution of India in English, Part XIX., Art.366(2): " 'an Anglo-Indian' means a person whose
father or any of whose other male progenitors in the male line is or was of European descent but who is
domiciled within the territory of India and is or was born within such territory of parents habitually
resident therein and not established there for temporary purposes only;".
31. ^ Daniels, Timothy P. (2005), Building Cultural Nationalism in Malaysia, Routledge, p. 189, ISBN
0415949718
32. ^ Thomas F. Glick, Islamic and Christian Spain in the Early Middle Ages
33. ^ Ivan van Sertima (1992), Golden Age of the Moor, Transaction Publishers, ISBN 1560005815
34. ^ Kees Versteegh, et al. Encyclopedia of Arabic Language and Linguistics, BRILL, 2006.
35. ^ Izquierdo Labrado, Julio (in Spanish), La esclavitud en Huelva y Palos (1570-1587),
http://www.mgar.net/var/esclavos3.htm, retrieved 2008-07-14
36. ^ Salloum, Habeeb, The impact of the Arabic language and culture on English and other European
languages, The Honorary Consulate of Syria, http://www.syriatoday.ca/salloum-arab-lan.htm, retrieved
2008-07-14
37. ^ Robert Lacey (1983), Aristocrats, p. 67, Little, Brown and Company
38. ^ a b c Enloe, Cynthia H. (2000), Maneuvers: The International Politics of Militarizing Women's Lives,
University of California Press, p. 61, ISBN 0520220714
39. ^ a b Greenhut, Jeffrey (April 1981), "Race, Sex, and War: The Impact of Race and Sex on Morale and
Health Services for the Indian Corps on the Western Front, 1914", Military Affairs (Society for Military
History) 45 (2): 71–74, doi:10.2307/1986964
16
40. ^ Levine, Philippa (1998), "Battle Colors: Race, Sex, and Colonial Soldiery in World War I", Journal
of Women's History 9
41. ^ Greenhut, Jeffrey (April 1981), "Race, Sex, and War: The Impact of Race and Sex on Morale and
Health Services for the Indian Corps on the Western Front, 1914", Military Affairs (Society for Military
History) 45 (2): 71–74 [72–4], doi:10.2307/1986964
42. ^ Dowling, Timothy C. (2006), Personal Perspectives: World War I, ABC-CLIO, pp. 35–6, ISBN
1851095659
43. ^ a b Omissi, David (2007), "Europe Through Indian Eyes: Indian Soldiers Encounter England and
France, 1914–1918", English Historical Review (Oxford University Press) CXXII (496): 371–96,
doi:10.1093/ehr/cem004
44. ^ Bland, Lucy (April 2005), "White Women and Men of Colour: Miscegenation Fears in Britain after
the Great War", Gender & History 17 (1): 29–61 [34–5], doi:10.1111/j.0953-5233.2005.00371.x
45. ^ Ansari, Humayun (2004), The Infidel Within: The History of Muslims in Britain, 1800 to the Present,
C. Hurst & Co. Publishers, p. 94, ISBN 1850656851
46. ^ Bland, Lucy (April 2005), "White Women and Men of Colour: Miscegenation Fears in Britain after
the Great War", Gender & History 17 (1): 29–61, doi:10.1111/j.0953-5233.2005.00371.x
47. ^ Ansari, Humayun (2004), The Infidel Within: The History of Muslims in Britain, 1800 to the Present,
C. Hurst & Co. Publishers, pp. 93–4, ISBN 1850656851
48. ^ The existence of an Aryan race and other non-Aryan races as conceived and categorised by Nazism
was an arbitrary and unscientific figment of Nazi racism.
49. ^ US Holocaust Memorial Museum, Nuremberg Laws: Nazi Racial Policy 1935,
http://www.ushmm.org/outreach/nlawchr.htm
50. ^ Beate Meyer, Die Verfolgung und Ermordung der Hamburger Juden 1933-1945, Landeszentrale für
politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p. 80. ISBN 3-92972885-0
51. ^ Before 1933 the term Mischehe referred to interfaith marriages, which was a tax office phenomenon.
German tax offices deducted Church tax from taxpayers, enrolled with a religious body, with the general
tax collection by a surcharge on the income tax and then transferred it to the respective religious body.
Interfaith mixed marriages, who were taxed as a unit, would have the charged church tax halved among
the two respective religious bodies. Mostly the Roman Catholic Church, the respective Protestant
regional church bodies and the Jewish congregations (in their case ending by Nazi act in March 1938)
collected contributions from their members by way of church tax. Since the Nazis gave the term
Mischehe a new meaning the tax offices were ordered to change their terminology to
konfessionsverschiedene Ehe (English: denominationally different marriage). Cf. Cornelia SchmitzBerning, Vokabular des Nationalsozialismus, Berlin et al.: de Gruyter, 1998, p. 409. ISBN 3-11-0133792
52. ^ By the "Gesetz zur Vereinheitlichung des Rechts der Eheschließung und der Ehescheidung (EheG)"
("Act on standardisation of the law of contraction and divorce of marriages", as of 6 July 1938) divorce
on so-called racial grounds was enabled. Cf. Reichsgesetzblatt (RGBl., i.e. the Reich's law gazette) 1938
I, p. 807, § 37 EheG (Bedeutungsirrtum), cf. also Alexandra Przyrembel, "Rassenschande":
Reinheitsmythos und Vernichtungslegitimation im Nationalsozialismus, Göttingen: Vandenhoeck &
Ruprecht, 2003, (Veröffentlichungen des Max-Planck-Instituts für Geschichte; vol. 190), p. 86 (ISBN 3525-35188-7) or - as to contesting or dissolving a marriage - see Bernhard Müller, Alltag im
Zivilisationsbruch: Das Ausnahme-Unrecht gegen die jüdische Bevölkerung in Deutschland 1933 1945; eine rechtstatsächliche Untersuchung des Sonderrechts und seiner Folgewirkungen auf den
"Alltag" der Deutschen jüdischer Abstammung und jüdischen Bekenntnisses, Munich: Allitera-Verlag,
2003, simultaneously Bielefeld, Univ., Diss., 2002, pp. 344-348. ISBN 3-935877-68-4
53. ^ Based on an evaluation of divorce decrees, however restricted to only one former Reichsgau, the
discriminations and easements caused a divorce rate of so-called mixed marriages 20% above the
general average. Many divorces followed after the couple succeeded in achieving a visa and thus
emigration for the Jewish-classified spouse, so the divorce would lift the discriminations hitting the
17
Aryan-classified spouse, who stayed at home. Cf. Beate Meyer, 'Jüdische Mischlinge' – Rassenpolitik
und Verfolgungserfahrung 1933–1945 (11999), Hamburg: Dölling und Galitz, (12002), (Studien zur
jüdischen Geschichte; vol. 6), simultaneously Hamburg, Univ., Diss., 1998, ISBN 3-933374-22-7
54. ^ This was maintained by the pre-1939 practice of Jewish congregations in Germany, which denied
Jewesses, who married Gentiles, to be precise non-converts to Judaism, to keep their membership in a
congregation. This turned the Jewesses, if they did not convert to another faith, legally into irreligionists.
While Jews marrying Gentile women could (stay) enroll(ed) as member of a Jewish congregation.
55. ^ Beate Meyer, "Geschichte im Film. Judenverfolgung, Mischehen und der Protest in der Rosenstraße
1943", in: Zeitschrift für Geschichtswissenschaft, vol. 52 (2004), pp. 23-36, footnote 23 on p. 28. ISSN
0044-2828. Some historians judge this intervention of Göring as a tactical measurement, in order not to
arouse protests by so-called Aryan kinship, since after secret service reports the government organised
November Pogrom in 1938 the regime did not feel so safe about the public's opinion on further antiSemitic discriminations. Cf. Ursula Büttner, "Die Verfolgung der christlich-jüdischen
«Mischfamilien»", In: Ursula Büttner, Die Not der Juden teilen. Christlich-jüdische Familien im Dritten
Reich. Beispiel und Zeugnis des Schriftstellers Robert Brendel, Hamburg: Christians, 1988, p. 44. ISBN
3-7672-1055-X
56. ^ Cf. Reichsgesetzblatt (RGBl., i.e. the Reich's law gazette) 1939 I, 864 § 7 law text
57. ^ a b Beate Meyer, Die Verfolgung und Ermordung der Hamburger Juden 1933-1945, Landeszentrale
für politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p. 83. ISBN 3929728-85-0
58. ^ Meldungen aus dem Reich: Auswahl aus den geheimen Lageberichten des Sicherheitsdienstes der SS
1939 - 1944 (11965; Reports from the Reich: Selection from the secret reviews of the situation of the SS
1939-1944; 1984 extended to 14 vols.), Heinz Boberach (ed. and compilator), Munich: Deutscher
Taschenbuch Verlag (dtv), 21968, (dtv-dokumente; vol. 477) p. 208. ISBN B0000BSLXR
59. ^ The earlier deportations of Jews and Gentiles of Jewish descent from Austria and Pomerania (both to
occupied Poland) as well as Baden and the Palatinate (both to occupied France) had remained a
spontaneous episode.
60. ^ At the Wannsee Conference the participants decided to include persons classified as Jews, but married
to persons classified as Aryans, however, only after a divorce. In October 1943 an act, facilitating
compulsory divorce imposed by the state, was ready for appointment, however, Hitler never granted the
competent referees an audience. Pressure by the NSDAP headquarters in early 1944 also failed. Cf. Uwe
Dietrich Adam, Judenpolitik im Dritten Reich, Düsseldorf: 2003, pp. 222-234. ISBN 3-7700-4063-5
61. ^ In summer 1945 all in all 8,000 Berliners, whom the Nazis had classified as Jews because of 3 or 4
grandparents survived. Their personal faith - like Jewish, Protestant, Catholic or irreligionist - is mostly
not recorded, since only the Nazi files report on them, which use the Nazi racial definitions. 4,700 out of
the 8,000 survived due to their living in a mixed marriage. 1,400 survived hiding, out of 5,000 who tried.
1,900 had returned from Theresienstadt. Cf. Hans-Rainer Sandvoß, Widerstand in Wedding und
Gesundbrunnen, Gedenkstätte Deutscher Widerstand (ed.), Berlin: Gedenkstätte Deutscher Widerstand,
2003, (Schriftenreihe über den Widerstand in Berlin von 1933 bis 1945; No. 14), p. 302. ISSN 01753592
62. ^ Cf. the Bundesgesetz über die Anerkennung freier Ehen (as of 23 June 1950, Federal law on
recognition of free marriages).
63. ^ Rita M. Byrnes, ed. (1996), "Legislative Implementation of Apartheid", South Africa: A Country
Study, Washington: GPO for the Library of Congress, http://countrystudies.us/south-africa/25.htm,
retrieved 2008-01-04
[edit] References

"Jack Johnson and White Women: The National Impact", Al-Tony Gilmore, Journal of Negro History
(Vol. 58, No. 1, 18-38, Jan., 1973).
18
[edit] External links




Loving v. Virginia (No. 395) Cornell Law School Legal Information Institute
Loving at Thirty by Harvard Law School Professor Randall Kennedy at SpeakOut.com
Loving Day: Celebrate the Legalization of Interracial Couples
"The Socio-Political Context of the Integration of Sport in America", R. Reese, Cal Poly Pomona,
Journal of African American Men (Volume 4, Number 3, Spring, 1999)
[show]
v•d•e
Segregation in countries by type
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