We've Heard this Before: The Legacy of Interracial Marriage Bans and the Implications for Today's Marriage Equality Debates

Abstract:     
This article examines the many cases upholding bans on interracial marriage prior to 1948, the year the California Supreme Court became the first high court to strike down such a ban. The arguments courts made in defense of the ban on interracial marriage are strikingly similar to arguments made today against same-sex marriage. These include arguments based on religion and natural law, procreation, concern for the children, deference to the legislature, and the slippery-slope argument. The thesis of this article is that, given the commonality in arguments, the earlier struggle for marriage equality by interracial couples is relevant to today's debate on same-sex marriage. The ultimate rejection of the arguments against interracial marriage speaks to the long-term viability of the same arguments in the same-sex marriage debate.

Number of Pages in PDF File: 21

Keywords: California Supreme Court, Interracial Marriage, 1948, same-sex marriage debate, same sex marriage

Accepted Paper Series