The Story of Perez V. Sharp: Forgotten Lessons on Race, Law, and Marriage

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

38 Pages Posted: 20 Dec 2006 Last revised: 21 Mar 2011

R. A. Lenhardt

Fordham University School of Law

Date Written: March 21, 2011

Abstract

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.

Suggested Citation

Lenhardt, R. A., The Story of Perez V. Sharp: Forgotten Lessons on Race, Law, and Marriage (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. Available at SSRN: https://ssrn.com/abstract=952711

Robin A. Lenhardt (Contact Author)

Fordham University School of Law ( email )

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

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