Pace v. Alabama

Last updated
Pace v. Alabama
Seal of the United States Supreme Court.svg
Argued January 16, 1883
Decided January 29, 1883
Full case namePace v. State of Alabama
Citations106 U.S. 583 ( more )
1 S. Ct. 637; 27 L. Ed. 207; 1882 U.S. LEXIS 1584
Case history
PriorDefendants convicted, 5 Circuit Court, 1881; sentenced each to two years in the state penitentiary; affirmed, Alabama Supreme Court (69 Ala 231, 233 (1882))
Holding
Alabama's anti-miscegenation statute was constitutional.
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller  · Stephen J. Field
Joseph P. Bradley  · John M. Harlan
William B. Woods  · Stanley Matthews
Horace Gray  · Samuel Blatchford
Case opinion
MajorityField, joined by unanimous
Laws applied
U.S Const. amend XIV; Ala. code 4184, 4189
Overruled by
McLaughlin v. Florida , 379 U.S. 184 (1964)
Loving v. Virginia , 388 U.S. 1 (1967)

Pace v. Alabama, 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional. [1] This ruling was rejected by the Supreme Court in 1964 in McLaughlin v. Florida and in 1967 in Loving v. Virginia . Pace v. Alabama is one of the oldest court cases in America pertaining to interracial sex. [2] [1] [3] [4] [5] [6]

Contents

Summary

The plaintiff, Tony Pace, an African-American man, and Mary Cox, a white woman, were residents of the state of Alabama, who had been arrested in 1881 because their sexual relationship violated the state's anti-miscegenation statute. They were charged with living together "in a state of adultery or fornication" and both sentenced to two years imprisonment in the state penitentiary in 1882.

Because "miscegenation", that is marriage, cohabitation and sexual relations between people of different racial backgrounds, was prohibited by Alabama's anti-miscegenation statute (Ala. code 4189), it would have been illegal for the couple to marry in Alabama. However, Tony Pace and Mary Cox were not married, for this reason, and they did not live together. They spent time together near their homes in Clarke County, north of Mobile. They could not marry each other under Alabama law. Interracial marital sex was deemed a felony, whereas extramarital sex ("adultery or fornication") was only a misdemeanor.

Because of the criminalization of interracial relationships, they were penalized more severely for their extramarital relationship than if they had been of the same race. The Alabama code stated:

If any white person and any negro, or the descendant of any negro to the third generation, inclusive, though one ancestor of each generation was a white person, intermarry or live in adultery or fornication with each other, each of them must, on conviction, be imprisoned in the penitentiary or sentenced to hard labor for the county for not less than two nor more than seven years.

Appeals

Procedural error in Cox indictment

Cox argued to the state Supreme Court that her indictment should be quashed on the basis that she had been charged and indicted under the name "Mary Ann Cox," but her name was in fact, "Mary Jane Cox". [7] The Alabama Supreme Court rejected this argument and upheld the indictment, stating, "The law knows but one Christian name, and the insertion or omission of a defendant's middle name in an indictment is entirely immaterial; and a mistake in the middle name will not support a plea of misnomer." [8]

Fourteenth Amendment

On appeal to the Supreme Court of the state, the judgment was affirmed. Pace brought the case there, insisting that the act which he was indicted and convicted under conflicted with the final clause of the first section of the Fourteenth Amendment of the Constitution, which declares that no state shall deny to any person the equal protection of the laws.

Final decision

The Alabama Supreme Court upheld the convictions. Each defendant's punishment was the same. The punishment for interracial cohabitation was focused not "against the person of any particular color or race, but against the offense, the nature of which is determined by the opposite color of the cohabiting parties.” The “evil tendency” was greater in that kind of relationship than if both defendants were of the same race, since it could lead to “a mongrel population and a degraded civilization.” The true severity of their offense did not really stem from the interracial relationship, but instead that the fornication could end in an amalgamation, or, simply, a mixed-race child.

On further appeal to the Supreme Court of the United States, the court ruled that the criminalization of interracial sex did not violate the Equal Protection Clause of the Fourteenth Amendment because whites and non-whites were punished in equal measure for the offense of engaging in interracial sex. The Court did not need to affirm the constitutionality of the ban on interracial marriage that was also part of Alabama's anti-miscegenation law, since the plaintiff had chosen not to appeal that section of the law.

Later cases

The decision was understood, from that time to the 1960s, as reflecting a validation of state anti-miscegenation laws. However, the Supreme Court had not confronted the question of whether, given that Pace and Cox could not become husband and wife, they would inevitably be liable to prosecution for "adultery or fornication" if they lived as such. Only by implication had the ban against interracial marriage been addressed. Moreover, only by indirection did the Court address the question of whether, since it was a first offense, the sentence should have been for no more than six months. However, the later case Plessy v. Ferguson (joined by all Supreme Court Justices other than John Marshall Harlan), the Supreme Court in dicta stated that "Laws forbidding the intermarriage of the two races may be said in a technical sense to interfere with the freedom of contract, and yet have been universally recognized as within the police power of the State."

In any event, the Court had upheld the Alabama laws, and no southern state, for the next 80 years, displayed any inclination to repeal such laws. The Supreme Court's decision in Pace v. Alabama would prove to have an even more durable career in the American law of interracial sex and, by extension, marriage than Plessy v. Ferguson would have on segregated transportation and, by extension, education.[ citation needed ]

After Pace v. Alabama, the constitutionality of anti-miscegenation laws banning marriage and sex between whites and non-whites remained unchallenged until the 1940s. In 1967, these laws were ruled unconstitutional by the Supreme Court in Loving v. Virginia (1967).

Related Research Articles

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The case involved Mildred Loving, a woman of color, and her white husband Richard Loving, who in 1958 were sentenced to a year in prison for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". The Lovings appealed their conviction to the Supreme Court of Virginia, which upheld it. They then appealed to the U.S. Supreme Court, which agreed to hear their case.

<span class="mw-page-title-main">Sodomy laws in the United States</span> Aspect of United States law

Sodomy laws in the United States, which outlawed a variety of sexual acts, were inherited from colonial laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

<span class="mw-page-title-main">Racial Integrity Act of 1924</span> Virginia anti-miscegenation law

In 1924, the Virginia General Assembly enacted the Racial Integrity Act. The act reinforced racial segregation by prohibiting interracial marriage and classifying as "white" a person "who has no trace whatsoever of any blood other than Caucasian." The act, an outgrowth of eugenist and scientific racist propaganda, was pushed by Walter Plecker, a white supremacist and eugenist who held the post of registrar of Virginia Bureau of Vital Statistics.

Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008 that invalidated the marriage of non-residents if the marriage was invalid in the state where they lived. It originated during a period of heightened antipathy to interracial marriage and went largely unenforced until used between 2004 and 2008 to deny marriage licenses to out-of-state same-sex couples.

McLaughlin v. Florida, 379 U.S. 184 (1964), was a case in which the United States Supreme Court ruled unanimously that a cohabitation law of Florida, part of the state's anti-miscegenation laws, was unconstitutional. The law prohibited habitual cohabitation by two unmarried people of opposite sex, if one was black and the other was white. The decision overturned Pace v. Alabama (1883), which had declared such statutes constitutional. It did not overturn the related Florida statute that prohibited interracial marriage between whites and blacks. Such laws were declared unconstitutional in 1967 in Loving v. Virginia.

Perez v. Sharp, also known as Perez v. Lippold or Perez v. Moroney, is a 1948 case decided by the Supreme Court of California in which the court held by a 4–3 majority that the state's ban on interracial marriage violated the Fourteenth Amendment to the United States Constitution.

The race of the future is a theoretical composite race which will result from the ongoing racial admixture.

<span class="mw-page-title-main">Edmunds Act</span> US federal law

The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories, punishable by "a fine of not more than five hundred dollars and by imprisonment for a term of not more than five years". The act is named for U.S. Senator George F. Edmunds of Vermont. The Edmunds Act also prohibited "bigamous" or "unlawful cohabitation", thus removing the need to prove that actual marriages had occurred. The act not only reinforced the 1862 Morrill Anti-Bigamy Act but also made the offense of unlawful cohabitation much easier to prove than polygamy misdemeanor and made it illegal for polygamists or cohabitants to vote, hold public office, or serve on juries in federal territories.

<span class="mw-page-title-main">Mildred and Richard Loving</span> Plaintiffs in the U.S. Supreme Court case Loving v. Virginia

Mildred Delores Loving and Richard Perry Loving were an American married couple who were the plaintiffs in the landmark U.S. Supreme Court case Loving v. Virginia (1967). Their marriage has been the subject of three movies, including the 2016 drama Loving, and several songs. The Lovings were criminally charged with interracial marriage under a Virginia statute banning such marriages, and were forced to leave the state to avoid being jailed. They moved to Washington, D.C., but wanted to return to their home town. With the help of the American Civil Liberties Union (ACLU), they filed suit to overturn the law. In 1967, the Supreme Court ruled in their favor, striking down the Virginia statute and all state anti-miscegenation laws as unconstitutional, for violating due process and equal protection of the law under the Fourteenth Amendment. On June 29, 1975, a drunk driver struck the Lovings' car in Caroline County, Virginia. Richard was killed in the crash, at the age of 41. Mildred lost her right eye.

Marriage in the United States is a legal, social, and religious institution. The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual may marry in the United States as of right, without parental consent or other authorisation, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental and/or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.

<span class="mw-page-title-main">Interracial marriage in the United States</span>

Interracial marriage has been legal throughout the United States since at least the 1967 U.S. Supreme 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." Since Loving, several states repealed their defunct bans, the last of which was Alabama in a 2000 referendum. Interracial marriages have been formally protected by federal statute through the Respect for Marriage Act since 2022.

<i>Naim v. Naim</i>

Naim v. Naim, 197 Va. 80; 87 S.E.2d 749 (1955), is a case regarding interracial marriage. The case was decided by the Supreme Court of Virginia on June 13, 1955. The Court held the marriage between the appellant and the appellee to be void under the Code of Virginia (1950).

Bernard S. Cohen was a civil liberties attorney and Democratic member of the Virginia House of Delegates. On April 10, 1967, appearing with co-counsel Philip Hirschkop on behalf of the ACLU, Cohen presented oral argument for the petitioners in Loving v. Virginia before the U. S. Supreme Court. On June 12, 1967, the Supreme Court ruled in favor of Cohen's clients, declaring bans on interracial marriage unconstitutional, thus invalidating the anti-miscegenation laws of 15 states.

Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races.

<span class="mw-page-title-main">Anti-miscegenation laws in the United States</span> Laws against interracial marriage

In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted such laws; 25 states had repealed their laws by 1967, when the United States Supreme Court ruled in Loving v. Virginia that such laws were unconstitutional in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.

Ophelia (Catata) Paquet was a Tillamook woman involved in an Oregon court case in year 1919 related to the legal recognition of marriage across racial lines. The case's issue was whether Ophelia Paquet could inherit her deceased Euro-American husband's estate in the U.S. state of Oregon. Her case exemplifies the role that marriage has in the transmission of property and how race can affect gender complications.

Julie Novkov is an American political scientist, currently a professor of political science and women’s, gender, and sexuality studies at the University at Albany, SUNY. She studies the history of American law, American political development, and subordinated identities, with a focus on how laws are used for social control while also being affected by social reform movements.

<span class="mw-page-title-main">2000 Alabama Amendment 2</span> Allowed interracial marriage

2000 Alabama Amendment 2, also known as the Alabama Interracial Marriage Amendment, was a proposed amendment to the Constitution of Alabama to remove Alabama's ban on interracial marriage. Interracial marriage had already been legalized nationwide 33 years prior in 1967, following Loving v. Virginia, making the vote symbolic. The amendment was approved with 59.5% voting yes, a 19 percentage point margin, though 25 of Alabama's 67 counties voted against it. Alabama was the last state to officially repeal its anti-miscegenation laws.

References

  1. 1 2 Pace v. Alabama, 106 U.S. 583 (1883). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. Novkov, Julie Lavonne (2008). Racial Union: Law, Intimacy, and the White State in Alabama, 1865–1954. Ann Arbor: University of Michigan Press. ISBN   978-0-472-06885-2.
  3. Sollors, Werner (2000). Interracialism: Black-White Intermarriage in American History, Literature, and Law. Oxford University Press. ISBN   0-19-512857-5.
  4. Wallenstein, Peter (December 1994). "Race, Marriage, and the Law of Freedom: Alabama and Virginia 1860s–1960 – Freedom: Personal Liberty and Private Law". Chicago-Kent Law Review. 70 (2).
  5. Wallenstein, Peter (December 1998). "Race, Marriage, and the Supreme Court from Pace v. Alabama (1883) to Loving v. Virginia (1967)". Journal of Supreme Court History. 23 (2): 65–86. doi:10.1111/j.1540-5818.1998.tb00138.x. S2CID   144700559.
  6. "Validity of State Statute Forbidding Intermarriage of Races". The Albany Law Journal. 27 (11): 215–216. 17 March 1883. ProQuest   124846536.
  7. Novkov, Julie Lavonne (2008). Racial Union: Law, Intimacy, and the White State in Alabama, 1865–1954. University of Michigan Press. pp. 58–59. ISBN   978-0-472-06885-2.
  8. Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volumes 69-70. West Publishing Company. 1904. pp. 116–117.