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The ‘Hindus’ and Anti-miscegenation Laws in the United States | The India Forum (Feb. 9, 2022)
Recall the difficulties courts had with defining the "race" of Asians in Unit 3. Consider how that challenge, as well as limitations on citizenship and land ownership complicated the desire for and enforcement of laws against inter-racial marriage.
This article traces some examples, as well as the broad outlines of the rise and demise of anti-miscegenation laws. Note that California was the first state to declare these laws unconstitutional in 1948, in a 4-3 decision. Thre justices found due process and equal protection violations under the 14th Amendment, while a concurrence found the state's refusal to grant a license to the couple that the Catholic Church was willing to marry violated their free exercise of religion protected by the 1st Amendment. The U.S. Supreme Court did not declare these state laws unconstitutional until Loving v. Virginia in 1967.
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