Tag: Rachel Moran

  • Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran [Bartholet Review] The Journal of Interdisciplinary History Volume 33, Number 2 (Autumn 2002) pages 320–322 DOI: 10.1162/00221950260209039 Elizabeth Bartholet, Morris Wasserstein Professor of Law Harvard Law School Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran (Chicago, University of Chicago…

  • Sesquicentennial Event Addresses Colorado Inequality Clarion: The University of Denver’s Newwspaper Since 1892 Denver, Colorado 2014-10-21 Carissa Cherpes DU hosted a Sesquicentennial Conversation entitled Miscegenation Law, Marriage Equality, and the West 1864-2014 on Oct. 15 in the Sturm College of Law. Over 50 students, faculty and others gathered to listen to three panelists lecture on…

  • In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships.

  • Here, I will explore Loving’s unintended consequences by considering why the Court took so much for granted and how the opinion later was deployed in unexpected ways. After briefly examining the facts and holdings in the case, I will show that the Justices accepted monoracial categories as a given, despite evidence of multiracial complexity.

  • In contrast to Blacks and Asians, anti-miscegenation laws were seldom applied to Native Americans and never mentioned Latinos. The reasons for the lenient treatment of Latinos and Native Americans are quite similar. In both cases, these groups first came into contact with Whites when frontiers were being settled. At the outset, Whites had much to…

  • Although anti-miscegenation laws generally have been analyzed as racial legislation, they also can tell us a great deal about intimacy. These provisions have certainly been used to define and entrench racial difference, but they are also a means to set the boundaries of sexual decency and marital propriety. Here, I will use the comparative experience…

  • The Loving opinion treated race as a monolithic and meaningful category, even though the realities of the case itself subverted this account. The litigation arose in Caroline County, Virginia, a place called the “passing capital of America” because so many light-skinned blacks were mistaken for whites. In addition, the Jeters made clear that “Richard [wasn’t]…