Anti-miscegenation laws in the United States in the context of "Miscegenation"

The civil rights movement was a social movement in the United States from 1954 to 1968 which aimed to abolish legalized racial segregation, discrimination, and disenfranchisement in the country, which most commonly affected African Americans. The movement had origins in the Reconstruction era in the late 19th century, and modern roots in the 1940s. After years of nonviolent protests and civil disobedience campaigns, the civil rights movement achieved many of its legislative goals in the 1960s, during which it secured new protections in federal law for the civil rights of all Americans, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Following the American Civil War (1861–1865), the three Reconstruction Amendments to the U.S. Constitution abolished slavery and granted citizenship to all African Americans, the majority of whom had recently been enslaved in the southern states. During Reconstruction, African-American men in the South voted and held political office, but after 1877 they were increasingly deprived of civil rights under racist Jim Crow laws (which for example banned interracial marriage, introduced literacy tests for voters, and segregated schools) and were subjected to violence from white supremacists during the nadir of American race relations. African Americans who moved to the North in order to improve their prospects in the Great Migration also faced barriers in employment and housing. Legal racial discrimination was upheld by the Supreme Court in its 1896 decision in Plessy v. Ferguson, which established the doctrine of "separate but equal". The movement for civil rights, led by figures such as W. E. B. Du Bois and Booker T. Washington, achieved few gains until after World War II. In 1948, President Harry S. Truman issued an executive order abolishing discrimination in the armed forces.

Facilities and services such as housing, healthcare, education, employment, and transportation have been systematically separated in the United States based on racial categorizations. Notably, racial segregation in the United States was the legally and/or socially enforced separation of African Americans from whites, as well as the separation of other ethnic minorities from majority communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws), and the separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948, as black units were separated from white units but were still typically led by white officers.

In the 1857 Dred Scott case (Dred Scott v. Sandford), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights did not apply to them. Congress passed the Civil Rights Act of 1875, but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases. The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as "separate but equal" facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In the following years, the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws.

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

Interracial marriage has been legal throughout the United States since at least the 1967 U.S. Supreme Court (Warren Court) decision Loving v. Virginia (1967) that held that anti-miscegenation laws were unconstitutional via the 14th Amendment adopted in 1868. Chief Justice Earl Warren wrote in the court opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State." Interracial marriages have been formally protected by federal statute through the Respect for Marriage Act since 2022.

Historical opposition to interracial marriage was frequently based on religious principles. Many Southern evangelical Christians saw racial segregation, including in marriage, as something divinely instituted from God. They held that legal recognition of interracial couples would violate biblical teaching and hence their religious liberty. Roman Catholic theology, on the other hand, articulated strong opposition to any state-sanctioned segregation on the grounds that segregation violated human dignity. Since Loving, states have repealed their defunct bans, the last of which was Alabama in a 2000 referendum.

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the United States Supreme Court that ruled that the laws banning interracial marriage violate the Equal Protection and Due Process clauses of the Fourteenth Amendment to the U.S. Constitution. Beginning in 2013, the decision was cited as precedent in U.S. federal court decisions ruling that restrictions on same-sex marriage in the United States were unconstitutional, including in the Supreme Court decision Obergefell v. Hodges (2015).

The case involved Richard Loving, a white man, and his wife Mildred Loving, a woman of color. In 1959, the Lovings were convicted of violating Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". Caroline County circuit court judge Leon M. Bazile sentenced them to prison but suspended the sentence on the condition that they leave Virginia and not return. The Lovings filed a motion to vacate their convictions on the ground that the Racial Integrity Act was unconstitutional, but Bazile denied it. After unsuccessfully appealing to the Supreme Court of Virginia, the Lovings appealed to the U.S. Supreme Court, which agreed to hear their case.