Natsu Saito Jenga, Unconscious: The "Just Say No" Response to Racism, 81 Iowa L. In addition, those in favor of this approach say that to effectively counter racism we can ignore race and create interracial families.25 The author says that ignoring race is flawed because racial identity is unavoidable and has very real consequences. What needs to occur is the recognition of racial consequences, and to teach children about these consequences. After reviewing this material and reading the associated articles, the reader should have a strong understanding of the issues surrounding children of interracial marriages, and the problems parents encounter with their mixed race children. This author goes back in history and talks about the past views of interracial marriages and the justifications for its criminal penalties. In this article, Peter Wallenstein goes into great detail of the evolution of interracial marriages in Alabama and Virginia.
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.This annotated bibliography will attempt to overview the history of interracial marriages and the children born out of such relationships.More specifically it will focus on how these marriages have affected the children throughout history and the effects interracial marriages have on children.With the new laws, more people were fined, the penalties were higher, and now the bastard child would be bound as a servant until the age of 31. The author starts out this article by stating there is no better place to examine prohibitions on interracial sex and marriage as Virginia.Then in 1765 Virginia's legislature relaxed the terms of their laws in only one aspect-children born after this year would only be subject to servantry for 21 years if they were male and 18 years if female.19 Up until the 1960's, the laws against interracial marriages stayed on the books. Many people see Virginia as the "mother of Presidents" (four of the first five Presidents were from Virginia), and the "mother of Revolutionaries" such as Thomas Jefferson, George Washington, and Patrick Henry.20 However, Virginia was also the leader of slavery and one of the first colonies to formulate a legal definition of race.As time progressed the fines and penalties decreased, but their historical effects on children were severe and long lasting. After slavery was abolished the Virginians needed other mechanisms to preserve racial hierarchy and so laws regarding interracial sex and marriage were introduced.The article does an excellent job of laying out the history of interracial marriages, the politics, laws, and court systems behind such marriages, and how the law viewed mixed race children. Leon Higginbotham, Jr., Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 Geo. The author states there are two basic concerns which lead to the laws on interracial sex and marriage: maintenance of a clear boundary line in a society that was based on slavery; the protection of involuntary interracial sex (rape).21 A statutory definition of race arose because of one essential factor-how should the mixed race offspring of these couples be classified.With classification, people were given certain rights and privileges.If a person was White, they received the rights and privileges; if they were Black or of the mixed race they received nothing.Children from interracial marriages are no longer denied the same benefits and privileges as the children prior to Loving. Children of Black and White Marriages, Black and White Mixed Marriages (1978). Peter Wallenstein, Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860's-1960's, 70 Chi.-Kent L. The Alabama Constitution of 1865 directed the legislature to make interracial marriages between White and people of African ancestry "null and void and make the parties to any such marriage subject to criminal prosecutions."14 The legislature established a penalty of 2-7 years imprisonment for both member of any interracial couple. This bibliography will focus on the additional time periods from 1660-1690, and 1690-1770 (the history basically holds true for both Virginia and Alabama).Celebrities like Tiger Woods may have changed society's views on interracial children, but are there more serious effects on these children than what is shown by Tiger Woods? Children of Interracial Marriages, Interracial Marriage: Expectations and Realities (1973). Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860's-1960's. Penalties were also set up for any probate judge who knowingly issued a marriage license to an interracial couple, and for any justice of the peace or minister of the gospel who performed a marriage ceremony for such a couple.15 This article goes on to show how the courts have adapted new law in both Alabama and Virginia as the political, legal, and constitutional environment determined how laws would be applied to interracial marriage. These time periods are where the history of the children born out of interracial marriages all began.