A justice of the peace in Louisiana refused to grant a interracial couple a marriage license. Fail Loving v. Virginia, 388 U.S. 1 (1967) (holding that race-based restrictions on marriage violate the fourteenth amendment’s guarantee of equal protection). At least this guy’s racism is explicit enough that we don’t need a national conversation about it. Cf. Professor Gates’s arrest.
Apparently this JP doesn’t have anything against interracial marriage, but he fears for the welfare of children born into such unions. Fail Palmore v. Sidoti, 466 U.S. 429 (1984). In Palmore, the Florida courts refused to grant custody of a child to the white mother because she was living with a black man, and that may create social stigma that would make life hard for the child. The Supreme Court declared equal protection fail. “Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.” Id. at 433.
Regarding interracial marriage in general, this paragraph in the CNN story caught my attention:
The number of interracial marriages have skyrocketed, nearly quadrupling between 1970 and 2005, the most recent year for which there is census data. As of 2005, nearly 8.5 million Americans are living in so-called mixed marriages.
My wife and I make up about 0.000024% of that statistic, and for what it’s worth, I’ve never so-called our marriage “mixed.” It makes us sound confused. Marriage may be confusing, but not in any interracial aspect.
EDIT: I forgot to include this comment from my wife regarding the JP’s desire to protect the children: “[S]ince when does a couple have to be married before having kids?”