Loving Lessons: White Supremacy, Loving v. Virginia, and Disproportionality in the Child Welfare System

12 Pages Posted: 8 May 2018

See all articles by Leah A. Hill

Leah A. Hill

Fordham University School of Law

Date Written: December 30, 2017

Abstract

This Article looks back at the anti-miscegenation laws that were at the center of the U.S. Supreme Court’s decision in Loving v. Virginia to reveal what they teach us about the current overrepresentation of black children in the American child welfare system. It is widely accepted that antimiscegenation laws worked to preserve white supremacy—particularly, the superiority of white people to blacks—but these laws also worked to forestall the creation of interracial families. Moreover, laws banning interracial marriage were said to prevent children from suffering harm caused by race mixing. Thus, these laws were viewed by supporters as preventing child abuse. By focusing on the harm—or “damage”—of being biracial, these laws foreshadowed the pervasive disproportionality in the child welfare system today.

Keywords: disproportionality, child welfare, critical race theory, family law

Suggested Citation

Hill, Leah A, Loving Lessons: White Supremacy, Loving v. Virginia, and Disproportionality in the Child Welfare System (December 30, 2017). Fordham Law Review, Vol. 86, 2018; Fordham Law Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3167532

Leah A Hill (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
21
Abstract Views
192
PlumX Metrics