Interracial dating culture clash
The way in which the court system determined what rights and privileges a person received was through a burden of proof.If the person looked White then the burden of proof was on the State to show the person was either Black or of the mixed race. section 107, some material on this website is provided for comment, background information, research and/or educational purposes only, without permission from the copyright owner(s), under the "fair use" provisions of the federal copyright laws.In the 16's rape carried the death penalty, but by 1795 the death penalty for rape was abolished. 39 Clotye Larson, Children in Interracial Homes, Marriage Across the Color Line, 67, 68 (1965). Blacks and mixed race people were prosecuted for rape much more than were Whites for two basic reasons: according to the law Blacks and mixed race people could not testify against a White person in court; and rape by a White man was not looked down upon during these time periods.24 The author takes a historical approach to interracial sex and marriage and how these two actions were perceived in Virginia. 40 Vladimir Piskacek & Marlene Golub, Children of Interracial Marriages, Interracial Marriage: Expectations and Realities, 51, 57 (1973).
More specifically it will focus on how these marriages have affected the children throughout history and the effects interracial marriages have on children.
The Supreme Court case, which directly speaks to this topic, is Loving v. In 1958 Richard Loving and Mildred Jeter married in Washington, D. and returned to Virginia together as husband and wife. The problem arose in that since 1961 Virginia banned interracial marriages.
The Lovings were prosecuted under a statute enacted in 1924 entitled "An Act to Preserve Racial Integrity."1 The statute said that in Virginia no White person could marry anyone other than a white person.2 The law made it a crime not only to enter into an interracial marriage in the State of Virginia, but it also criminalized interracial marriages outside the state with the intent of evading Virginia's prohibition.3 Furthermore the law stated that children born out of such a union were deemed in the eyes of the State to be illegitimate and without the protections and privileges accorded to the children of lawfully wedded parents. This article compares the history of interracial marriages with that of same-sex marriages.
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