Mixed Race Studies

Ep13 – Loving v. Virginia

Salacious History: Sex. Romance. Infamy.
2019-10-16

Sarah Duncan, Host

At 2am on July 11, 1958, Mildred and Richard Loving were ripped from their beds in the middle of the night and thrown in jail. Their crime? Being married to someone of a different race. On today’s show, we get the background on the Lovings’ relationship, a brief history of miscegenation law, and how the Loving’s legal battle changed the United States forever.

Listen to the episode (00:25:26) here. Download the episode here.

Fear of a Multiracial Planet: Loving’s Children and the Genocide of the White Race

Fordham Law Review
Volume 86, Issue 6 (2018)
pages 2761-2771

Reginald Oh, Professor of Law
Cleveland-Marshall College of Law, Cleveland, Ohio

Part I analyzes the Loving decision striking down antimiscegenation laws and examines the segregationists’ justifications for antimiscegenation laws. Next, Part II explores the historical opposition of white segregationists to interracial marriages, families, and children and argues that the principle and practice of endogamy is a central feature of Jim Crow segregation. Finally, Part III examines the present ideology of white nationalism and shows that white nationalists oppose interracial unions and families for some of the same reasons that white segregationists opposed them. Specifically, white nationalists oppose interracial families because they are one of the main factors contributing to the so-called genocide of the white race.

Read the entire article here.

In Celebration of Loving Day: Raising Multiracial Kids

PBS Parents
Expert Tips & Advice
2018-06-12

Marj Kleinman

One year ago today, I met six-year-old Mattie (below) at a Loving Day event. Families had gathered to celebrate the 50th anniversary of Loving vs. Virginia, the 1967 landmark Supreme Court decision that made interracial marriage legal across the United States.

Between blowing bubbles and dancing, Mattie told me: “Today is a special day and it doesn’t matter if you’re black, brown or any other color; it’s just about your love.”

Her dad, Allen, shared, “It’s important to be here because we want the future to be brighter, safer and more diverse for them. We want to show them that that exists now and make it more commonplace going forward.”

In the last 50 years, the number of interracial marriages has increased dramatically — as has public acceptance of these marriages. Yet parents still face a variety of challenges around raising multiracial kids. Allen and his wife, Kelly (with their kids, below) said that they sometimes face stares and the question, “Is that really your child?”…

Read the entire article here.

Fact and Fiction in Mixed-Race Marriages

Talking Apes: How natural selection reprogrammed the brain for language
Psychology Today
2017-07-30

David Ludden Ph.D., Professor of Psychology
Georgia Gwinnett College, Lawrenceville Georgia

“Virginia is for lovers” may be the state’s travel slogan, but 50 years ago one couple was banished from the state for committing the crime of getting married. Richard Loving, a man of European descent, had fallen in love with Mildred Jeter, a woman of African and Native American origins. They wanted to marry, but Virginia’s anti-miscegenation laws forbade mixed-race marriages. So they crossed the Potomac and said their vows in the nation’s capital, which had no such restrictions.

When they returned home, Mr. and Mrs. Loving were arrested. Instead of going to prison, the couple agreed to leave the state permanently. With the help of the ACLU, the Lovings sued the Commonwealth of Virginia. However, it wasn’t until 1967 that the Supreme Court declared anti-miscegenation laws unconstitutional. At that time, 16 states still had such laws on the books.

Since then, the number of mixed-race marriages has increased steadily. In 1970, just three years after the Supreme Court decision, surveys showed there were about 900,000 mixed-race couples living in the United. Three decades later, studies showed a five-fold increase to 4.9 million. These numbers include not just black-white marriages but rather all biracial couplings—any mixture of black, white, Hispanic, Asian, or Native American—and regardless of whether the pair is legally married or cohabiting.

Ironically, Virginia now has a higher percentage of black-white marriages than any other state. So maybe now Virginia really is for lovers after all…

Read the entire article here.

Tanya Hernández Appears on Howard Jordan Radio Show

Fordham Law News: From New York City To You
2017-06-12

Tanya K. Hernández

Professor Tanya Hernández appeared on the Howard Jordan radio show where she discusses the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage.

“…Pew research center report that came out in May 18th … one data point in particular pointed out was that since this 1967 decision that intermarriage rates amongst newlyweds had increased five times…and the driving force behind the increase [five times]are Latinos…Latinos marrying whites, it represents 42% of intermarriage in United States…The data point doesn’t tell us about what kind of Latinos?…We have racial identity as well… To tell me Latinos are marrying whites does’t tell me anything about racial progress…”

From Loving v. Virginia To Barack Obama: The Symbolic Tie That Binds

Creighton Law Review
Volume 50, Number 3 (2017)
pages 641-668

G. Reginald Daniel, Professor of Sociology
University of California, Santa Barbara

Jasmine Kelekay
Department of Sociology
University of California, Santa Barbara

I. INTRODUCTION

The year 2017 marks the fiftieth anniversary of the 1967 United States Supreme Court decision in Loving v. Virginia, which declared anti-miscegenation laws to be unconstitutional. For many, the Loving decision represents a symbolic turning point in the history of United States racial politics. Some even celebrate the Loving decision and the argued subsequent “biracial baby boom” as the beginning of a post-racial United States. Indeed, statistics indicating that fifteen percent of all new marriages are interracial and polls suggesting that a majority of Americans today approve of interracial marriage are cited as evidence of the erosion of racial boundaries and tensions. For many, the 2008 election of Barack Hussein Obama, the offspring of an African father and European American mother, as the forty-fourth President—and the first Black President—of the United States similarly marked a symbolic victory affirming that racism has finally been overcome and the United States is a truly post-racial society. However, the year 2017 also marks the end of Obama’s presidency and—importantly—the inauguration of Donald J. Trump as President of the United States. Consequently, we are not only forced to examine this critical juncture in the history of United States racial politics, but are also required to critically examine the past fifty years and ask the following question: to what extent have the symbolic victories of Loving and the election of Obama been imbued with aspirations that have yet to be fully actualized? Loving and the election of President Obama are undoubtedly important milestones in the history of United States jurisprudence and racial politics. Yet a careful analysis of interracial marriage trends, the politics of mixed race identity, and the waves of backlash against Obama’s presidency—which range from contesting his legitimacy and opposing his political efforts to explicitly racist rhetoric and the recent election of Donald Trump as President—suggest that the post-racial potential promised by Loving has remained more aspirational than actualized. Accordingly, in order to understand the legacy of Loving, we must think critically about interracial intimacy and contemporary United States race relations, taking into account the persistent inequities imbedded in the United States racial order and the continued relevance of anti-Blackness in the struggles for a more egalitarian society.

Read the entire article here.

Author looks back at how interracial couples have stood up to white supremacy

PBS NewsHour
2017-06-15

This week marks the 50th anniversary of the Supreme Court case Loving v. Virginia, which struck down the law prohibiting interracial marriage. Author Sheryll Cashin explores that case and other historical examples in her book “Loving: Interracial Intimacy in America and the Threat to White Supremacy.” Judy Woodruff sits down with Cashin to discuss economic and ideological forces at work.

JUDY WOODRUFF: This week marks the 50th anniversary of the landmark Supreme Court decision Loving vs. Virginia.

In 1967, the justices struck down Virginia’s laws prohibiting interracial marriage.

In her latest book, “Loving: Interracial Intimacy in America and the Threat to White Supremacy,” Georgetown University law Professor Sheryll Cashin explores the history of white supremacy in this country and how relationships between different races challenge that ideology.

As part of our Race Matters series, I sat down with Cashin yesterday…

Watch the interview and read the transcript here.

One possible antidote to the misappropriation of multiracial identity is for Loving Day celebrations to focus upon what was the ultimate civil rights objective of the Loving v. Virginia decision – the impermissible pursuit of what the Supreme Court there termed “White Supremacy.” This is because interracial bans only prohibited interracial marriage involving white persons. Fifty years later, after the Loving v. Virginia decision, interracial marriage bans no longer exist, but White Supremacist violence and rhetoric still flourish. Whether or not Loving Day ever becomes an official federal holiday, it is to be hoped that its celebrations will specifically commemorate the decision’s fundamental civil rights concern with racial hierarchy.

Tanya K. Hernández, “What the“Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy,” The Huffington Post, June 11, 2017. http://www.huffingtonpost.com/entry/593b4961e4b094fa859f1878.

What the “Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy

The Huffington Post
2017-06-11

Tanya K. Hernández, Professor of Law
Fordham University School of Law

Monday, June 12, 2017 marks the 50th anniversary of the Loving v. Virginia, the Supreme Court decision which invalidated interracial marriage bans in the United States. Recently, the Pew Research Center reported that since the 1967 Loving decision the rate of intermarriage has increased more than five fold, from 3% of newlyweds who were intermarried to 17% in 2015. In recognition of this increase, “Loving Day” annual events celebrate the court decision. Primarily organized by multiracial persons as social events, communities across the nation gather on Loving Day to celebrate the existence of multiracial families. The celebrations are part of a larger campaign to have the federal government create an official Loving Day federal holiday.

No other Supreme Court case, let alone a civil rights case, has its own designated federal holiday. However entire multiracial community websites are dedicated to lobbying the government for a Loving Day holiday. This is because much more is at stake for these activists than commemorating a legal case. Validating mixed-race families and in particular multiracial persons, is the fundamental aim of the Loving Day federal holiday campaign. However, the rhetoric of mixed-race racial distinctiveness used by the campaign has begun to be drawn into judicial questioning of racial integration policies in ways that counter Loving Day celebrations of diversity…

Read the entire article here.

Mildred and Richard’s Sacrifice is Our Obligation

The Multiracial Activist
June 13, 2017

James Landrith, Founder and Publisher

50 years ago yesterday, Mildred Loving decided that the Commonwealth of Virginia was wrong to keep her and her husband away from their home and family. She decided that it was unacceptable for Judge Leon Bazile’s racist conservative Christian defense of the law to have the last word. She wanted to live with her husband in the community where they both grew up. What she wanted was far from unreasonable, unless of course, you were a white racist cop or judge in the Commonwealth of Virginia. Then, you had a magical divine sanction to ruin other people’s lives via the abhorrent Racial Integrity Act of 1924.

In his January 22, 1965 refusal to vacate the 1959 felony conviction of Mildred and Richard, Judge Bazile wrote,:

“Almighty God created the races white, black, yellow, malay 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.”

Take a moment to clean up the vomit from your chin…

Read the entire article here.