Race Sex And The Freedom To Marry

The history of the court battle over the right of interracial marriage which overturned discriminatory state laws and the precedent's value in the case for same-sex marriage.

In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia—as in twenty-three other states then—interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation’s history. Race, Sex, and the Freedom to Marry tells the story of this couple and the case that forever changed the law of race and marriage in America. The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters—the couple, two young attorneys, and a crusty local judge who twice presided over their case—as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In Race, Sex, and the Freedom to Marry, Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context—even at the center—of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity—distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage. A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.

This book takes a critical approach to the US Supreme Court ruling in Loving v. Virginia.

In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving volume Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?

Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.

The landmark story of how interracial love and marriage changed American history—and continues to alter the landscape of American politics When Mildred and Richard Loving wed in 1958, they were ripped from their shared bed and taken to court. Their crime: miscegenation, punished by exile from their home state of Virginia. The resulting landmark decision of Loving v. Virginia ended bans on interracial marriage and remains a signature case—the first to use the words “white supremacy” to describe such racism. Drawing from the earliest chapters in US history, legal scholar Sheryll Cashin reveals the enduring legacy of America’s original sin, tracing how we transformed from a country without an entrenched construction of race to a nation where one drop of nonwhite blood merited exclusion from full citizenship. In vivid detail, she illustrates how the idea of whiteness was created by the planter class of yesterday and is reinforced by today’s power-hungry dog-whistlers to divide struggling whites and people of color, ensuring plutocracy and undermining the common good. Not just a hopeful treatise on the future of race relations in America, Loving challenges the notion that trickle-down progressive politics is our only hope for a more inclusive society. Accessible and sharp, Cashin reanimates the possibility of a future where interracial understanding serves as a catalyst of a social revolution ending not in artificial color blindness but in a culture where acceptance and difference are celebrated.

A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving volume Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?