Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation
2007 Wis. L. Rev. 409
54 Pages Posted: 14 Mar 2016
Date Written: 2007
Scholars have generally characterized Loving v. Virginia as a case about the line separating whites from blacks. But within the subtext of Loving there is an additional narrative about the line separating blacks from Indians. State laws governing miscegenation had a profound impact on tribal law and the practices of tribal people by indirectly regulating interracial relations between certain nonwhite groups of people and rendering blacks as undesirable partners for marriage.
Keywords: tribal sovereignty, racial caste, sexual assimilation, Native American
JEL Classification: K3
Suggested Citation: Suggested Citation