Natsu Saito Jenga, Unconscious: The "Just Say No" Response to Racism, 81 Iowa L. In addition, those in favor of this approach say that to effectively counter racism we can ignore race and create interracial families.25 The author says that ignoring race is flawed because racial identity is unavoidable and has very real consequences.
What needs to occur is the recognition of racial consequences, and to teach children about these consequences.
In the 16's rape carried the death penalty, but by 1795 the death penalty for rape was abolished. 39 Clotye Larson, Children in Interracial Homes, Marriage Across the Color Line, 67, 68 (1965).
Blacks and mixed race people were prosecuted for rape much more than were Whites for two basic reasons: according to the law Blacks and mixed race people could not testify against a White person in court; and rape by a White man was not looked down upon during these time periods.24 The author takes a historical approach to interracial sex and marriage and how these two actions were perceived in Virginia. 40 Vladimir Piskacek & Marlene Golub, Children of Interracial Marriages, Interracial Marriage: Expectations and Realities, 51, 57 (1973).
With the new laws, more people were fined, the penalties were higher, and now the bastard child would be bound as a servant until the age of 31. The author starts out this article by stating there is no better place to examine prohibitions on interracial sex and marriage as Virginia.
Then in 1765 Virginia's legislature relaxed the terms of their laws in only one aspect-children born after this year would only be subject to servantry for 21 years if they were male and 18 years if female.19 Up until the 1960's, the laws against interracial marriages stayed on the books. Many people see Virginia as the "mother of Presidents" (four of the first five Presidents were from Virginia), and the "mother of Revolutionaries" such as Thomas Jefferson, George Washington, and Patrick Henry.20 However, Virginia was also the leader of slavery and one of the first colonies to formulate a legal definition of race.
If the person looked Black or mixed, the burden was on the person to prove they were White and entitled to such rights and privileges.22 The author next goes into the concern over the production of mixed race children.
The statutes were mainly concerned with the White woman first because it was her who was directly assaulting White racial purity.
No matter what ethnic groups are involved, one major result of these marriages are children. The Devil and the One Drop Rule: Racial Categories, African Americans, and the U. The science is based on the proposition that most human ills are hereditary and that the human race can be perfected by encouraging the mating of healthy productive stock and discouraging the reproduction among the less fit.13 Thus, bans on interracial marriages were supported by science and non-science means.
The way in which the court system determined what rights and privileges a person received was through a burden of proof.
If the person looked White then the burden of proof was on the State to show the person was either Black or of the mixed race. section 107, some material on this website is provided for comment, background information, research and/or educational purposes only, without permission from the copyright owner(s), under the "fair use" provisions of the federal copyright laws.
In 1991 a Gallop Poll found that, for the first time, more people in the United States approved of interracial marriages (48%) then disapproved (42%).6 Also the number of interracially married couples in the United States has gone from 150,000 couples in 1970 to 1.1 million in 1994 and the number of children born out of interracial marriages jumped from 460,300 in 1970 to 1.9 million in 1994.7 Furthermore, a Gallop Poll indicates acceptance for interracial marriages is growing. Three major justifications are explained by the author which are: White supremacy, protection of White womanhood, and the prevention of mixed race offspring.
Sixty-one percent of White Americans are more likely to approve of such marriages today, compared to 4% in 1958.8 In addition, according to the U. Census Bureau, one in fifty marriages are interracial which is four times the number compared to 1970.9 Interracial marriages can include the union of Asians, Hispanics, Blacks, Whites, and any other group. The third justification was based on popular belief that children of interracial marriages were mentally and physically inferior to pure White race children.12 These racist beliefs concerning the inferiority of mixed race children were not confined to the uneducated masses.