The Story of Perez V. Sharp: Forgotten Lessons on Race, Law, and Marriage
R. A. Lenhardt
Fordham University School of Law
March 21, 2011
THE STORY OF PEREZ V. SHARP: FORGOTTEN LESSONS ON RACE, LAW AND MARRIAGE IN RACE LAW STORIES, Devon W. Carbado & Rachel F. Moran, eds., 2008
Fordham Law Legal Studies Research Paper No. 952711
This chapter was included in the Race Stories book edited by Devon W. Carbado and Rachel F. Moran in 2008. It explores the story of Perez v. Sharp, which was the first post-Reconstruction case to invalidate an antimiscegenation law. In addition to providing information about the plaintiffs in this case and the landmark decision rendered by the California Supreme Court in 1948, the chapter tries to understand the current use of Perez in litigation to secure marriage rights for same-sex couples and why the case, which relatively few people have even heard of, has been so overshadowed by Loving v. Virginia. It argues that we should be "loving" Perez perhaps as much as Loving itself.
Number of Pages in PDF File: 38Accepted Paper Series
Date posted: December 20, 2006 ; Last revised: March 21, 2011
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