Kaine pushes for Indian recognition

Posted in Articles, Law, Native Americans/First Nation, Politics/Public Policy, United States, Virginia on 2014-10-12 23:01Z by Steven

Kaine pushes for Indian recognition

Sulfolk News-Herald
Suffolk, Virginia
2014-10-02

Tracy Agnew, News Editor

U.S. Sen. Tim Kaine (D-Va.) is making another push to recognize six Virginia Indian tribes, including the Nansemond, through his support of a proposed rule that would bring more flexibility to the process.

The U.S. Department of the Interior’s Bureau of Indian Affairs governs the process by which tribes in America can gain recognition from the federal government, and the benefits that come along with it…

…Its stringent criteria require, among many other things, documentation of the tribe’s existence and lineage from 1789 to the present, according to comments Kaine made in support of the rule change.

But at least six Virginia tribes — the Nansemond, Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock and Monacan — have found the administrative process unavailable to them because of the historical destruction of records.

Five of the six courthouses that held the majority of the tribes’ records were burned during the Civil War, Kaine noted in a letter to Assistant Secretary for Indian Affairs Kevin Washburn.

Beyond this accidental destruction, a eugenics movement and fear of interracial marriages prompted officials at the Virginia Bureau of Vital Statistics to systematically destroy the vital records of Virginia’s tribes beginning in 1912.

In 1924, Virginia’s Racial Integrity Act codified the existence of only two races: “white” or “colored.” The law remained intact for nearly 50 years, forcing Indians to choose one or the other.

Officials even went so far as to retroactively change records to list Native Americans as “colored,” Kaine noted in his letter. This phenomenon is known today as “Pleckerism,” after Walter Ashby Plecker, the first registrar of the bureau, who was among the main officials who pushed to eliminate the Indian race in Virginia, at least on paper…

Read the entire article here.

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Remains will stay in old family cemetery in Bedford

Posted in Articles, History, Media Archive, Slavery, United States, Virginia on 2014-10-03 15:37Z by Steven

Remains will stay in old family cemetery in Bedford

The News & Advance
Lynchburg, Virginia
2014-10-01

Alex Rohr, Beat Reporter

BEDFORD — The remains of at least 20 people buried in Bedford will stay interred despite a request by the Bank of the James to move them.

The bank’s request to the Bedford County Circuit Court, challenged by David Lowry a descendant of former Bedford County plantation owners, was denied after a hearing that lasted about four hours.

The cemetery — which may be the final resting place of slaves — was overgrown with trees and undergrowth when the bank acquired the land in a 2009 foreclosure. The property, just east of Applebee’s on U.S. 460 in Bedford, was covered until March.

Judge James Updike’s decision drew applause from over a dozen members of the extended Lowry family who were present during the hearing…

…Charles Lowry, a witness and relative of James W. Lowry, looked to the heavens in thankful prayer after Updike made his decision.

“God works in mysterious ways,” he said.

Charles Lowry, who is black, and David Lowry, who is white, believe they share ancestors…

Brent Staples, who has written about his family history for The New York Times editorial page, traces his lineage to the area and a woman named Somerville who birthed several children by Marshall Lowry, a white farm manager.

“As a son of Virginia, and a son of Bedford County and as a descendent of slaves on the Lowry plantation, my concern would be there if they were not blood-related,” Staples said…

…David Lowry, Charles Lowry and Staples said they intend to get DNA tests to verify whether they are related. Combining oral and family history, they are confident the results will be in the affirmative.

“If Somerville’s story is accurate, then I am his cousin,” Staples said on the stand, pointing at David Lowry…

Read the entire article here.

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Researchers discuss origins of Melungeon heritage at annual event

Posted in Articles, History, Interviews, Media Archive, Tri-Racial Isolates, United States, Videos, Virginia on 2014-07-14 05:41Z by Steven

Researchers discuss origins of Melungeon heritage at annual event

WCBY.com (News 5)
Brisol, Virginia
2014-06-28

Olivia Caridi

BIG STONE GAP, Va. – Wayne Winkler discovered he was a Melungeon at 12 years old. His grandmother is a Melungeon. His father is, too.

“I had never heard the word, so I asked my relatives what a Melungeon is. I asked what it was, and I’ve spent all this time since then trying to answer the question,” Winkler says.

For Winkler and others of mixed-ethnic groups, attending the 18th annual Melungeon Union on Saturday was a way to get some answers.

Melungeon’s were first documented in southwest Virginia and northeast Tennessee in the 19th century. “They are basically a mixed-ethnic group of a combination of Native American, European American and African American,” Winkler says.

Researchers have attempted to document the meaning of Melungeon identity for years. Lisa Alther, an author, wrote books exploring the history. “I always heard growing up that we were Anglo-Saxon and Celtic here in the mountains, so the most fascinating thing for me is realizing that we are here in the mountains really a melting pot of the entire world,” Alther says…

Read the article and watch the video here.

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Almost Free: A Story About Family and Race in Antebellum Virginia by Eva Sheppard Wolf (review) [Lee]

Posted in Articles, Book/Video Reviews, History, Media Archive, Slavery, United States, Virginia on 2014-06-09 02:15Z by Steven

Almost Free: A Story About Family and Race in Antebellum Virginia by Eva Sheppard Wolf (review) [Lee]

Register of the Kentucky Historical Society
Volume 111, Number 2, Spring 2013
pages 252-254
DOI: 10.1353/khs.2013.0034

Deborah A. Lee, PhD, Independent Historian
Stanardsville, Virginia

Wolf, Eva Sheppard, Almost Free: A Story about Family and Race in Antebellum Virginia (Athens: University of Georgia Press, 2012)

In Almost Free, Eva Sheppard Wolf explores race and freedom in the antebellum South by illuminating the interesting—if obscure—life of Samuel Johnson, a free black man of Fauquier County, Virginia. He worked hard, observed rules, won friends, and acquired considerable property and respectability, but he fell achingly short of obtaining the freedom and security he sought for himself and his enslaved family. Johnson stands out in history because, between 1812 and 1837, he petitioned the legislature ten times in that cause, with the support of many white neighbors. Wolf concludes from this case study that slavery and freedom were not mere opposites; that Johnson, in his attainment of property and respectability, occupied a “broad space . . . between freedom and slavery”; and that race was “simultaneously momentous and tenuous” (p. 3).

A tavern-keeper before and after emancipation, Samuel Johnson was resourceful and determined. After enlisting a third party to lawfully conduct the transaction, he earned five hundred dollars to purchase his freedom. Next, with much support and assistance from local whites, including a U.S. senator, he successfully petitioned for the right to remain in Virginia. This step complied with an 1806 law that otherwise required emancipated people to leave the state within a year. Only then did he complete the manumission. In the decade it took him to raise the money, however, he had married an enslaved woman named Patty and with her had two children, Lucy and Samuel Jr. To obtain more freedom and security for his family, he purchased them from their owner. Reluctant to free them without permission to remain in the state, and even more reluctant to leave Virginia, he repeatedly petitioned the legislature in their cause, with tremendous support of white neighbors. The case reached urgency as his daughter neared adulthood, so that as a free woman she could legally marry.

Wolf’s methodology and conclusions align with those of Melvin Patrick Ely in Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War (2004). Their observations of considerable interracial cooperation and a wide—yet still constrained—range of possibilities for free blacks in Virginia largely refutes Ira Berlin’s earlier thesis, summed up in the title of his seminal work, Slaves Without Masters: The Free Negro in the Antebellum South (1974). In her study, Wolf focuses on the way local people, white and black, variously ignored, challenged, circumvented, and maintained racial boundaries. While this shifting ground was remarkable, she concludes that “color often mattered more than behavior,” property rights were stronger than personal rights, and dark skin sometimes conferred a kind of invisibility (p. 40). Berlin and Wolf agree that white antipathy grew and racial attitudes hardened over time, narrowing possibilities for free blacks, but rather than occurring after the American Revolution, Wolf places this phenomenon in the 1820s.

Wolf does a beautiful job of narrating this complex story with limited sources, especially from Johnson’s perspective. She engages in necessary speculation about his thought processes and emotions in a particularly effective way, describing various alternatives. It was difficult, however, to get a sense of the black community from this study, though sources such as legislative petitions suggest that an African American counterculture thrived in the region. Nonetheless, the book clearly demonstrates the value of local history and helps readers understand the South in more complex and nuanced ways. Not least, Wolf points out that the story demonstrates how much family, freedom, and autonomy mattered to people such as the Johnsons and how they also make history…

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Almost Free: A Story about Family and Race in Antebellum Virginia by Eva Sheppard Wolf (reweiw) [Watkins]

Posted in Articles, Book/Video Reviews, History, Media Archive, Slavery, United States, Virginia on 2014-06-01 17:38Z by Steven

Almost Free: A Story about Family and Race in Antebellum Virginia by Eva Sheppard Wolf (reweiw) [Watkins]

Journal of the Early Republic
Volume 33, Number 3, Fall 2013
pages 575-577
DOI: 10.1353/jer.2013.0062

Andrea S. Watkins

Wolf, Eva Sheppard, Almost Free: A Story about Family and Race in Antebellum Virginia (Athens: University of Georgia Press, 2012)

The tenuous status of free blacks within antebellum Virginia is examined by Eva Sheppard Wolf through the life of Samuel Johnson, a slave who purchased his own freedom and struggled over the course of the rest of his life to free his family and keep them together. His attempts to work within the legal framework established by the state and his own connections to powerful Virginia citizens illustrates the nebulous place free blacks held within antebellum society, as well as the role of personal relationships between black and white residents in achieving freedom and prosperity.

Wolf, associate professor of history at San Francisco State University, has pieced together a story of Johnson’s adulthood and family life through local court records and Virginia legislative petitions. The specifics of Samuel Johnson’s birth are not known, but his identification as “mulatto” in records indicates he had a slave mother and white father. Wolf suggests that Johnson’s white father may have found his mulatto slave son work in Norris Tavern in Warrenton, Virginia, the county seat for Fauquier County. As a tavern servant Johnson had the opportunity to forge relationships with white members of the community who came to Warrenton for court business and to save tip money to purchase his freedom. Johnson entered an agreement with his owner Edward Digges in 1802 to purchase his freedom for five hundred dollars. Virginia law regarding manumission of slaves changed in 1806. The new law established that freed slaves must leave the state within one year of liberation. Johnson had a choice to either continue to save and purchase his freedom with the knowledge he must leave or remain enslaved. The decision was not an easy one as he was married with two children by 1811, when he had collected the five hundred dollars.

Johnson’s choice demonstrates the importance of personal relationships in understanding race relations in the antebellum period. Over time Johnson had established ties with important white men within Warrenton, Fauquier County, and beyond. He was known as a hard-working slave and was viewed by many as an asset to the community. To leave Fauquier County, or Virginia, was to face a life of uncertainty. Would he find such valuable work in another state or find a place in a new community equal to the one he had in Warrenton? Thus, Johnson chose to petition the state legislature to allow him to remain in Virginia and he enlisted the help of various white citizens as witnesses to his character. His petition was passed by the legislature, and eventually Samuel Johnson became a free man on August 25, 1812. The fact that Johnson called on white slave owners to attest to his hard work, character, and value to the community reveals how often the relationships between blacks and whites in the early nineteenth century do not match the rhetoric of speeches and legislation critical and fearful of the presence of free blacks.

Wolf recounts how in the following years Johnson purchased his wife and two children, but their position was precarious as they could be sold for payment of Johnson’s debts, and he could not free them without fear that officials would expel them from the state one year after manumission. Johnson submitted petition after petition to the state’s authorities requesting that his family be allowed to remain with him when freed, and again and again those petitions failed to pass. Wolf successfully portrays the frustrations of trying to navigate the legal system of the time, but also the high stakes for Johnson and his family if he acted without legal provision. Johnson’s resourcefulness in garnering support throughout the white community is evident in his 1826 petition for his daughter Lucy that had the signatures of 226 people including white women and two U.S. congressmen. Johnson successfully purchased a home and land on the edge of Warrenton, and the family established a comfortable lifestyle until his death in 1842. At that time only his daughter and her children were still living. Johnson had already freed Lucy, taking the chance that his own standing and her ties to the local community would forestall any attempts to have…

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Almost Free: A Story about Family and Race in Antebellum Virginia by Eva Sheppard Wolf (review) [Padraig Riley]

Posted in Articles, Book/Video Reviews, History, Media Archive, Slavery, United States, Virginia on 2014-05-21 14:41Z by Steven

Almost Free: A Story about Family and Race in Antebellum Virginia by Eva Sheppard Wolf (review) [Padraig Riley]

Civil War History
Volume 60, Number 2, June 2014
pages 199-201
DOI: 10.1353/cwh.2014.0041

Padraig Riley, Assistant Professor of History
Dalhousie University, Halifax, Nova Scotia, Canada

Wolf, Eva Sheppard, Almost Free: A Story about Family and Race in Antebellum Virginia (Athens: University of Georgia Press, 2012)

Almost Free is the story of Samuel Johnson of Warrenton, Virginia, a mixed-race slave who worked successfully to free himself and then purchased his wife and children in the early nineteenth century. Less successfully, he then struggled for many years to free his extended family, and to establish a legacy of black freedom in the heart of the slaveholding republic. Relying on a remarkable series of petitions Johnson sent to the Virginia state legislature from 1811 to 1837, Wolf reconstructs the man’s life and identity. This entails considerable speculation, but Wolf’s imaginings are balanced by a rich archival source base covering much of Johnson’s life. This accessible book is ideal for undergraduate instruction, and it is an important addition to scholarship on race and slavery. For Wolf, Samuel Johnson demonstrates that free blacks were not simply “slaves without masters” and that race in the antebellum South was a fluid concept, rather than a simple black-and-white proposition.

Wolf contends that race was not dictated by statute but rather was “something people themselves created and re-created in their multiple interactions with one another” (3). Samuel Johnson became free in 1812, well after an 1806 statute that compelled all freed slaves to leave the state within a year, under threat of being sold back into slavery. Because he wanted to remain in Virginia, he had to petition the state legislature. While most such petitions failed, Johnson’s succeeded because he was backed by both local whites and a few influential political figures. Thus, at the local level, whites did not simply act out the 1806 statute or Thomas Jefferson’s fears about the dangers of slave emancipation. They instead accepted Samuel Johnson as their neighbor, quite literally in the case of John and Maria Smith, who lived next door to him.

As a free man, Johnson saved money to purchase his wife and children, becoming, like many free black slaveholders, the master of his own family. He also owned land and sued white men in court. But, ultimately, the law left him and his family vulnerable. Despite numerous petitions to the state legislature, his family members were never allowed to remain in Virginia as free inhabitants. Had Johnson freed his family, they would have been legally bound to leave the state within a year; had he unexpectedly died, his family would have remained enslaved, subject to sale. In addition, Johnson suffered numerous other legal restraints as a free man of color, from restrictions on owning firearms to being unable to testify against a white man in court. He could be a white man’s neighbor, but he was very far from being his equal.

Why, then, did Johnson stay? Wolf poses this question quite poignantly by contrasting Johnson with Spencer Malvin, a free African American man who married Johnson’s daughter Lucy in 1826. Malvin, born free, knew the evils of slavery firsthand: as a teenager, he had been apprenticed to one Fielding Sinclair, who killed his adolescent slave. Sinclair was charged with murder, but the case was dismissed for lack of evidence, perhaps because Malvin could not testify against a white man. After Nat Turner’s rebellion in 1831, Malvin openly attacked slavery, circulating antislavery papers in Warrenton. He left Virginia and his family in 1832, along with a fugitive named Sandy, eventually settling in Pennsylvania.

But Johnson and his daughter Lucy remained, even after white hostility to free blacks increased in the wake of Turner’s rebellion. Many of the local whites who had supported Johnson’s petitions in the past now requested that the state legislature support the colonization of all free blacks outside of Virginia. For Wolf, Johnson’s decision to remain under such circumstances suggests an act of resistance: “In staying, they rejected racial exclusion. . . . They challenged the notion that Virginia belonged to white people” (107).

On the one hand, this contention is clearly true. But in other respects, Samuel Johnson’s life was marked by deference, rather than challenge, and white support for his limited freedom was a sign of condescension rather than recognition. Thus Philip Pendleton Barbour, as Wolf shows us, one of the foremost defenders of slavery during…

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Almost Free: A Story about Family and Race in Antebellum Virginia

Posted in Books, History, Media Archive, Monographs, Slavery, United States, Virginia on 2014-05-15 04:32Z by Steven

Almost Free: A Story about Family and Race in Antebellum Virginia

University of Georgia Press
June 2012
192 pages
6 b&w photos, 1 map
Trim size: 5.5 x 8.5
Cloth ISBN: 978-0-8203-3229-1
Paper ISBN: 978-0-8203-3230-7
Ebook ISBN: 978-0-8203-4364-8

Eva Sheppard Wolf, Associate Professor of History
San Francisco State University

In Almost Free, Eva Sheppard Wolf uses the story of Samuel Johnson, a free black man from Virginia attempting to free his family, to add detail and depth to our understanding of the lives of free blacks in the South.

There were several paths to freedom for slaves, each of them difficult. After ten years of elaborate dealings and negotiations, Johnson earned manumission in August 1812. An illiterate “mulatto” who had worked at the tavern in Warrenton as a slave, Johnson as a freeman was an anomaly, since free blacks made up only 3 percent of Virginia’s population. Johnson stayed in Fauquier County and managed to buy his enslaved family, but the law of the time required that they leave Virginia if Johnson freed them. Johnson opted to stay. Because slaves’ marriages had no legal standing, Johnson was not legally married to his enslaved wife, and in the event of his death his family would be sold to new owners. Johnson’s story dramatically illustrates the many harsh realities and cruel ironies faced by blacks in a society hostile to their freedom.

Wolf argues that despite the many obstacles Johnson and others faced, race relations were more flexible during the early American republic than is commonly believed. It could actually be easier for a free black man to earn the favor of elite whites than it would be for blacks in general in the post-Reconstruction South. Wolf demonstrates the ways in which race was constructed by individuals in their day-to-day interactions, arguing that racial status was not simply a legal fact but a fluid and changeable condition. Almost Free looks beyond the majority experience, focusing on those at society’s edges to gain a deeper understanding of the meaning of freedom in the slaveholding South.

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Exploring the Political Exploitation of Blood Quantum in the U.S.

Posted in Articles, History, Interviews, Media Archive, Native Americans/First Nation, Slavery, United States, Virginia on 2014-05-14 22:19Z by Steven

Exploring the Political Exploitation of Blood Quantum in the U.S.

Indian Country Today Media Network
2013-05-17

Vincent Schilling, Executive Vice President
Schilling Media, Inc.

Arica L. Coleman is an assistant professor of Black American Studies at the University of Delaware. She is African American and Native American (Rappahannock), which may help explain why she has conducted research for the past 12 years on what she calls the “intersections between Native American, African American and European peoples in the southeastern United States with a focus on the etymology of race, the ideology of racial purity and its historical and contemporary effects on racial and identity formation.” In non-academic terms, that means she has done a lot of thinking about the relations and interactions of blacks, Indians and whites on the East Coast, primarily in Virginia.

Coleman has turned her Ph.D. dissertation into an upcoming book, That the Blood Stay Pure: African Americans, Native Americans and the Predicament of Race and Identity in Virginia, and agreed to talk with ICTMN about her experiences as an African American woman who gets a lot of grief for also being an American Indian.

Wouldn’t you say that back in the day, American Indians and African Americans all went to the same parties?

Yes, we went to the same parties and we also worked the slave plantations together. This is what a lot of people do not understand when you talk about slavery. My African American brothers and sisters will have a problem with this because they like to look at slavery only in terms of black and white. The truth is—and specifically in Virginia—there was Indian slavery. The first slaves in the Americas were Native American and this business that the Native Americans died off as a result of disease and war [is inaccurate]—those were not the only reasons for their demise, there was the Indian slave trade, which is something we do not discuss a lot.

When you had people of African descent being brought across the Atlantic to the Americas, you also had Native American people throughout the Americas being dispersed throughout the world, including portions of South Africa and Angola. When you look at the records of the South—and specifically in Virginia—they talk about Indian, Negro and mulatto slaves…. From the 16th century through the 19th century, you had Native American peoples identified as Negro and as mulatto.

When you look in those records and see these terms you cannot automatically assume that these folks were African, because they could have been a mix of Native American or European as well. Racial labels have never been constant or used with consistency…

Read the entire interview here.

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That the Blood Stay Pure: African Americans, Native Americans, and the Predicament of Race and Identity in Virginia

Posted in Anthropology, Books, History, Law, Media Archive, Monographs, Native Americans/First Nation, United States, Virginia on 2014-05-14 00:42Z by Steven

That the Blood Stay Pure: African Americans, Native Americans, and the Predicament of Race and Identity in Virginia

Indiana University Press
2013
328 pages
12 b&w illustrations
6 x 9
Cloth ISBN: 978-0-253-01043-8

Arica L. Coleman, Assistant Professor of Black American Studies
University of Delaware

A Choice Outstanding Academic Title for 2014

That the Blood Stay Pure traces the history and legacy of the commonwealth of Virginia’s effort to maintain racial purity and its impact on the relations between African Americans and Native Americans. Arica L. Coleman tells the story of Virginia’s racial purity campaign from the perspective of those who were disavowed or expelled from tribal communities due to their affiliation with people of African descent or because their physical attributes linked them to those of African ancestry. Coleman also explores the social consequences of the racial purity ethos for tribal communities that have refused to define Indian identity based on a denial of blackness. This rich interdisciplinary history, which includes contemporary case studies, addresses a neglected aspect of America’s long struggle with race and identity.

Table of Contents

  • Acknowledgments
  • Foreword
  • Author’s Note
  • Introduction
  • Part 1: Historicizing Black—Indian Relations in Virginia
    • Prologue: Lingering at the Crossroads: African-Native American History and Kinship Lineage in Armstrong Archer’s A Compendium on Slavery
    • 1. Notes on the State of Virginia: Jeffersonian Thought and the Rise of Racial Purity Ideology in the Eighteenth Century
    • 2. Redefining Race and Identity: The Indian-Negro Confusion and the Changing State of Black-Indian Relations in the Nineteenth Century
    • 3. Race Purity and the Law: The Racial Integrity Act and Policing Black/Indian Identity in the Twentieth Century
    • 4. Denying Blackness: Anthropological Advocacy and the Remaking of the Virginia Indians (The Other Twentieth Century Project)
  • Part 2: Black-Indian Relations in the Present State of Virginia
    • 5. Beyond Black and White: Afro-Indian Identity in the case of Loving V. Virginia
    • 6. The Racial Integrity Fight: Confrontations of Race and Identity In Charles City County, Virginia
    • 7. Nottoway Indians, Afro-Indian Identity, and the Contemporary Dilemma of State Recognition
  • Epilogue: Afro-Indian Peoples of Virginia: The Indelible Thread of Black and Red
  • Appendix: Racial Integrity Act Text
  • Notes
  • Selected Bibliography
  • Index
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Regulating White Desire

Posted in Articles, Law, Media Archive, United States, Virginia on 2014-04-08 21:55Z by Steven

Regulating White Desire

Wisconsin Law Review
Volume 2007, Number 2 (2007)
pages 463-488

Reginald Oh, Professor of Law
Cleveland Marshall College of Law
Cleveland State University

  • Introduction
  • II. Loving v. Virginia
  • III. The Greatest Threat to the Purity of the White Race: Social Equality Through Interracial Marriage
  • IV. Miscegenation and Segregation Laws and the Legal Enforcement of White Racial Endogamy
    • A. The Enforcement of White Endogamy Norms During and After Slavery
    • B. White Racial Endogamy and the Segregation of Public Schools
    • C. The Regulation of White Women’s Desires
  • V. Back to Loving
  • VI. Conclusion

I. INTRODUCTION

In the landmark decision Loving v. Virginia, the United States Supreme Court held that laws prohibiting interracial marriages violated the Fourteenth Amendment’s Equal Protection Clause because they served the impermissible purpose of maintaining white supremacy. The Commonwealth of Virginia had argued that, because the law equally punished whites and blacks, it did not illegitimately single out African Americans for discriminatory treatment. In striking down the statute, the Court rejected the notion that the equal application of miscegenation laws made them consistent with equal protection.

The Court, however, never adequately addressed an apparent flaw in its reasoning. According to conventional understandings of how white supremacy operates, laws promoting white supremacy are supposed to invidiously discriminate against blacks while benefiting whites. But how can miscegenation laws promote white supremacy and the interests of whites if the laws actually restrict their fundamental right of association and punish them if they cross racial boundaries? Was the Court contending that miscegenation laws promoted white supremacy in spite of their incidental effects on the individual rights of whites?

This Article will argue that miscegenation laws functioned to promote the supremacy of the white race by, paradoxically, deliberately regulating and restricting the liberty of white individuals. Segregationists feared that some whites, particularly women and children, wanted to relate to blacks as social equals. Without legal restrictions on the associational rights of whites, segregationists feared that blacks would gain social equality and freely enter into equal intimate relations—and ultimately marriages—with them. This would result in more interracial families, and inevitably end in the creation of a nation of a “mongrel breed of citizens.”

This Article contends that segregationist justifications for miscegenation and segregation laws shows that those laws effectively imposed a legal duty on whites to adhere to cultural norms of endogamy.  Dominant social groups enforce rules of endogamy—the cultural practice of encouraging people to marry within their own social group—to protect the dominant status of their individual members and of the social group in general. Thus, laws prohibiting interracial marriages regulated white desire in order to protect the dominant status of whites as a group. The Loving Court, therefore, ultimately was correct in declaring that miscegenation laws denied blacks equal protection.

Part II of this Article discusses miscegenation laws and the Loving decision. It contends that the Court understood that miscegenation laws operated to protect white supremacy, but that it failed to adequately explain how such laws did so. Part III argues that the primary rationale used to justify these laws was the protection of the purity of the white race. Part IV will explain these laws’ history and demonstrate that segregationists enacted and supported them to ensure that whites practiced endogamy. Part V concludes by reexamining the Loving decision in light of this Article’s analysis…

Read the entire article here.

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