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Overnight Open Thread

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Gus5/12/2012 9:52:44 am PDT

Anti-miscegenation laws in the United States: 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 stories of Phinehas and of the “Curse of Ham”.[13] 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 An exception was Pennsylvania, which repealed its anti-miscegenation law in 1780, together with some of the other restrictions placed on free blacks, when it enacted a bill for the gradual abolition of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 Later, in 1843, Massachusetts repealed its anti-miscegenation law after abolitionists protested against it.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 as Illinois[14] and California[15] 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 Anti-miscegenation laws rested unenforced, were overturned by courts or repealed by the state government (in Arkansas[16] and Louisiana[17]). 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 also enforced other forms of racial segregation.[18]

A number of northern and western states permanently repealed their anti-miscegenation laws during the 19th century.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 19th and early 20th centuries. Between 1913 and 1948, 30 out of the then 48 states enforced anti-miscegenation laws.[19] Only Connecticut, New Hampshire, New York, New Jersey, Vermont, Wisconsin, Minnesota, Alaska, Hawaii, and the federal District of Columbia never enacted them.