Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Suppose a white person and a person within any of the prohibited classes
do attempt to intermarry. What is the legal result? Indiana, Kentucky,
Maryland, Nebraska, North Carolina, and Utah declare that such a
marriage is void; Colorado, Missouri, and Virginia, that it is
absolutely void; Arizona, Georgia, Oregon, and Tennessee, that it is
null and void; Delaware and Mississippi, that it is unlawful and void;
and Arkansas, California, and Idaho, that it is illegal and void. The
law of Florida declares that such a marriage is unlawful, utterly null
and void and the issue bastards and so incapable of inheriting.
Louisiana provides that such a marriage is prohibited, the celebration
of it forbidden, that the celebration carries with it no effect, and
that the marriage is null and void. South Carolina enacts that it is
“utterly null and void and of none effect.” The only legal effect of a
marriage thus declared void is to impose criminal liability upon the
parties to it. The result is precisely the same as if no license had
been obtained or ceremony performed and the parties had been indulging
in illicit relations. A Virginia decision says: “No matter by what
ceremonies or solemnities, such marriage would have been the merest
nullity, and the parties must have been regarded under our laws, as
lewdly associating and cohabiting together....”[191]
The other States which prohibit intermarriage simply declare that
marriage between white persons and Negroes is illegal and prescribe a
punishment for the violation of the statute against miscegenation, but
do not further define the legal effect of such a marriage contract. But
whether the marriage is declared “void” or “null and void” or
“absolutely void” or only “illegal,” the result is the same.
PUNISHMENT FOR INTERMARRIAGE
Public-domain text, read in full here on John Shaqi.
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