Mixed Race Studies

A Study of the Wyoming Miscegenation Statutes

Wyoming Law Journal
Volume 10, Number 2 (1956)
pages 131-138

William E. Foster

The first ban on interracial marriage was passed in Maryland in 1661.¹ Since that time, forty states have followed with statutory bans on interracial marriages.² Twenty-nine states still have such prohibitions.³ Six of these states have constitutional bans as well as statutory provisions prohibiting such marriages.⁴ However, Iowa, Kansas, Maine, Massachusetts, Michigan, New Mexico, Ohio, Pennsylvania, Rhode Island, and Washington have repealed the miscegenation statutes which were once in effect in those states;⁵ and the Supreme Court of California has held its statute unconstitutional.⁶ While all twenty-nine states which have miscegenation statutes have provisions barring marriage of a White to a Negro,⁷ twelve states also have provisions which would bar marriage of Whites to various classifications of Asiatics.⁸ Three states in their statutes bar marriages of Whites to “Africans,” and have no explicit mention of Negroes;⁹ this type of statute would technically apply to the Dutch Afrikanders as well as to the Negro.¹⁰…

…The Wyoming miscegenation law is composed of two sections.¹⁸ The first, section 50-108, will be referred to as the prohibition section, and the second, section 50-109, will be referred to as the enforcement section. These statutes are both derived from one Act, chapter 57 of the Wyoming Session Laws of 1913, which was originally introduced as House Bill 153 of that year and was passed February 22, 1913, to take effect immediately upon its passage.¹⁹ The present statutes are unchanged from their original form. The Wyoming prohibition section reads: All marriages of white persons with Negroes, Mulattoes, Mongolians or Malays hereafter contracted in the state of Wyoming are and shall be illegal and void.²⁰

And the Wyoming enforcement section is:

Whosoever shall knowingly contract marriage in fact contrary to the prohibitions in the preceding section, and whosoever shall knowingly solemnize any such marriage shall be deemed guilty of a misdemeanor, and upon being convicted thereof, shall lie punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or imprisonment of not less than one year nor more than five years, or both, at the discretion of the court which shall try the cause.²¹

The Wyoming prohibition provision is characterized by its brevity; evidently the legislature did not see fit to define further any of the classifications set forth. Nor have there been any Wyoming cases dealing with racial intermarriages or interpreting this statute. However, when the Wyoming courts first deal with this problem, they will be faced with the formidable question of interpreting the prohibition provision. The very brevity of the statute gives rise to the largest problem-who comes within the prohibition of the statute?…

Read the entire article here.

Census Bureau Reports Final 2010 Census Data for the United States

United States Census Bureau
Census 2010
2011-03-24

The U.S. Census Bureau announced today that 2010 Census population totals and demographic characteristics have been released for communities in all 50 states, the District of Columbia and Puerto Rico. These data have provided the first look at population counts for small areas and race, Hispanic origin, voting age and housing unit data released from the 2010 Census. With the release of data for all the states, national-level counts of these characteristics are now available.

For each state, the Census Bureau will provide summaries of population totals, as well as data on race, Hispanic origin and voting age for multiple geographies within the state, such as census blocks, tracts, voting districts, cities, counties and school districts.

According to Public Law 94-171, the Census Bureau must provide redistricting data to the 50 states no later than April 1 of the year following the census. As a result, the Census Bureau is delivering the data state-by-state on a flow basis. All states will receive their data by April 1, 2011.

Highlights by Steven F. Riley

• The United States population (for apportionment purposes)  is 308,745,538. This represents a 9.71% increase over 2000.
• The U.S. population including Puerto Rico is 312,471,327.  This represents a 9.55% increase over 2000.
• The number of repondents (excluding Puerto Rico) checking two or more races (TOMR) is 9,009,073 or 2.92% of the population. This represents a 31.98% increase over 2000.
• The number of repondents (including Puerto Rico) checking TOMR is 9,026,389 or 2.89% of the population.  This represents a 29.23% increase over 2000.
• Hawaii has the highest TOMR response rate at 23.57%, followed by Alaska (7.30%), Oklahoma (5.90%) and California (4.87%).
• California has the highest TOMR population at 1,815,384, followed by Texas (679,001), New York (585,849), and Florida (472,577).
• Mississppi has the lowest TOMR response rate at 1.15%, followed by West Virginia (1.46%),  Alabama (1.49%) and Maine (1.58%).
• Vermont has the lowest TOMR population at 10,753, followed by North Dakota (11,853), Wyoming (12,361) and South Dakota (17,283).
• South Carolina has the highest increase in the TOMR response rate at 100.09%, followed by North Carolina (99.69%), Delaware (83.03%) and Georgia (81.71%).
• New Jersey has the lowest increase in the TOMR response rate at 12.42%, followed by California (12.92%), New Mexico (16.11%), and Massachusetts (17.81%).
• Puerto Rico has a 22.83% decrease in the TOMR response rate and New York has a 0.73% decrease in the TOMR response race.  No other states or territories reported decreases.

Tables compiled by Steven F. Riley. Source: United States Census Bureau

Tables compiled by Steven F. Riley.  Source: United States Census Bureau