The End of Anti-Miscegenation Laws: Loving v. Virginia and Interracial Relationships


Little Rock, Arkansas protest to keep anti-miscegenation laws on the books. Photo courtesy of Wikimedia.Commons

This past weekend, the new movie Loving hit theaters. The film features the story of interracial couple Richard Loving, a White man, and Mildred Jeter, a Black woman, from Virginia who defied anti-miscegenation laws by getting married. The film highlights their historic Supreme Court of the United States (SCOTUS) case in 1967, which overturned anti-miscegenation laws nationwide. (It had previously been legal in all but 16 states.)

Seven months shy of the 50th anniversary of the SCOTUS decision, thinking of the film and the story of the Loving family, many may not understand the true importance of Loving v. Virginia and the extent to which the United States viewed interracial relationships at that time. Some may even take for granted how interracial relationships have become a societal norm and view the film as slightly shocking. Therefore, to better understand the historical context of the film, let us reveal the State of the Union at that time when it came to multiracial love.

Pre-Anti-Miscegenation Laws[1]

When digging deeper into the struggles of the lived mixed-race experience in the United States, it is apparent Western culture has worked hard to maintain a division of the races (Wilson, 1987). For over 300 years, more than half of the United States held strict anti-miscegenation laws to prevent different races from marrying, cohabitating, and engaging in sexual relations. Yet, prior to the creation of anti-miscegenation laws, racial divisions had already begun to take shape. Around the time of anti-miscegenation laws, elite white Americans created what is known as a “white racial frame,” where the “superior” racial group were white Americans while the “inferior” racial group were black Americans (Feagin, 2009). Since the creation of aforementioned “white racial frame,” this highly prejudiced point of view was strengthened during American social crises with immigration, slavery, and civil rights. Ultimately, the elitist “white racial frame” no longer applied solely to black Americans, but came to concern all persons of color as being inferior. Native, Asian, and Latin-Americans were all seen as being inferior to the superior white American race (p. 56).

The United States, unlike any other nation in the world, has used a black identity to create and maintain a divide between whites and non-white minorities. The one-drop rule, which delegates any person in the United States with any known African black ancestry, no matter how little or distant, is deeply rooted in American culture (Davis, 2006). The one-drop rule is truly unique because similar to anti-miscegenation laws, the one-drop rule resulted from United States experiences with slavery and racial segregation. According to anthropologists, for those who are multiracial and/or multiethnic, the one-drop rule is also known as the hypodescent rule, as mixed-race children are assigned to the status position of the lower status parent group (p. 17). Therefore, according to such racial hierarchy rules, any individual who is a person of color, yet mixed with white, will automatically be assigned the status of their parent who is of color. 

The Era of Anti-Miscegenation Laws

Anti-miscegenation laws in the United States first appeared in the mid 1600s, around the Chesapeake area of Maryland and Virginia, where many mixed-race relationships were occurring between white slave owners and black slaves (Davis, 2006). Anti-miscegenation laws proclaimed fornication between whites and Negroes was equivalent to bestiality, with 38 states adopting such laws (Brown, 2001). By the 1700s, anti-miscegenation laws, along with the one-drop/hypodescent rule, were not only meant to prevent marital unions based on race, but became the social definition of a black person in the South (p. 17). Alibhai-Brown explains how the word miscegenation [was] used to describe the products of relationships across racial barriers and [was] infused with the implication of something not quite the norm, something deviant (Alibhai-Brown, 2001).

photo-2Anti-miscegenation laws were a clear way to curb a national fear of individuals and behaviors that seemed to be abnormal and deviant. In addition, anti-miscegenation laws were vital in maintaining Jim Crow segregation, allowing for racial “purity” to persevere (Davis, 2006). Despite the law and a general fear of blending races among elite white Americans in the United States during this time, sexual, romantic, and marital relationships occurred at significantly high rates between whites and blacks. The number of mixed-race children being born during this time steadily increased; however, children from mixed-unions were automatically placed outside of the existing social order (Brown, 2001).

Post-Anti-Miscegenation Laws

It was not until the Civil Rights movement in the 1950s and 1960s, which facilitated an end to Jim Crow laws. The well-recognized Loving v. Virginia Supreme Court decision, handed down in 1967, was a momentous event in United States legal and cultural history. Loving v. Virginia, which overturned anti-miscegenation laws, making them unconstitutional, created a spark that lit a charged fire of demographic change throughout the U.S. (Bratter and Zuberi, 2001; Brunsma, 2005). Elam (2011) reinforces the notion that although Loving v. Virginia and other cultural transformations shaped by immigration trends have contributed to the United States increasingly multi-hued population, people of mixed descent are not a recent phenomenon: they have existed in often distinct, self-identified communities since the colonial era in the Americas, from Black Seminoles to Melungeons (p. 6). Up until the Loving decision, it is clear race mixing occurred, but it was a strictly managed affair, driven by force and power. Yet, such a power shift in American culture following the Loving v. Virginia case helped bring mixed-race identities and struggles out of the private sphere into the public sphere (Olumide, 2002). In addition, such a socio-cultural and legal endorsement of mixed-race identities and relationships eventually produced what has come to be known as the “biracial baby boom.” In the 1970s, approximately 1% of children were products of a mixed-race union and by 2000, that number grew to more than 5% (Herman, 2004; Brunsma, 2005).

Mixedness in the New Millennium

We then come back to present day where the growing mixed-race population is observed not just in the United States, but across the world. This has created greater interest in multiracial individuals and their lived experiences. A recent example of such interest is presented through The Pew Research Center June 2015 report, Multiracial in America: Proud, Diverse, and Growing in Numbers (Pew, 2015). The 156-page report is based off findings from 1,555 multiracial Americans across the nation, aged 18 and older, who were surveyed in regards to personal attitudes, experiences, and demographic characteristics (Pew, 2015). The report describes how the multiracial population is growing at a rate three times as fast as the total population, citing 2013 U.S. Census Bureau data which shows approximately 9 million Americans chose two or more racial categories when asked about their race (Pew, 2015).


Photo courtesy of Joanna Thompson.

Photo courtesy of Wikimedia.Commons

As we approach the 50-year anniversary of Loving v. Virginia next year and hopefully continue to see more media stories of not just the Loving family, but other multiracial couples and families, there is trust in the multiracial community continuing to add to the history of interracial relationships in America. Yes, it has been a bumpy road. Nevertheless, it has been a road worth traveling for the sake of not being afraid to cross boundaries for love, for happiness, and for freedom.

mg_0950-e1416548224914Multiracial Media has teamed up with Swirl Nation Blog to present a night of the Loving film. If you attend the Los Angeles show, you’ll meet one of the Swirl Nation Blog founders Jenn Moran in person. Jenn is half Korean and half Puerto Rican.




10391860_1049961338411626_6398397175556632961_nAnd if you attend the New York City viewing, you’ll meet Multiracial Media co-founder, host of the Multiracial Family Man podcast and stand up comic Alex Barnett. Alex is White and Jewish and his wife is Black. 

PrintFor more information: Multiracial Media and Swirl Nation Blog present a night of Loving in Los Angeles and New York City.


Works Cited

Alibhai-Brown, Y. (2001). Mixed feelings: The complex lives of mixed race britons. London:


Bratter, J., & Zuberi, T. (2001). The demography of difference: Shifting trends of racial diversity             and interracial marriage 1960–1990. Race and Society, 4(2), 133-148.

Brown, U. M. (2001). The interracial experience: Growing up black/white racially mixed in the    United States. Westport, CT: Praeger.

Brunsma, D. (2005). Interracial Families and the Racial Identification of Mixed- Race Children:     Evidence from the Early Childhood Longitudinal Study. Social Forces, 84(2), 1131-


Feagin, J. R. (2010). The white racial frame: Centuries of racial framing and counter-framing.      New York: Routledge.

Herman, M. (2004). Forced to choose: Some determinants of racial identification in multiracial      adolescents. Child Development, 75(3), 730-748.

Davis, F.J. (2006). Defining race: Comparing perspectives. In Brunsma, D.L. (Ed.), Mixed            messages: multiracial identities in the “color-blind” era (pp. 15-31). Boulder, CO:      Lynne Rienner Publishers.

Olumide, J. (2002). Raiding the gene pool: The social construction of mixed race. London:


Pew Research Center. (2015). Multiracial in America: Proud, Diverse, and Growing in


Wilson, A. (1987). Mixed race children: A study of identity. London: Allen & Unwin.

[1] Thompson, J. L. (2016). MIXEDconceptions: A Narrative-Discourse Analysis of Mixed-Race College Students and Racialized Bullying. (Unpublished Doctoral Dissertation). University of Illinois at Chicago.

swirlnationblogcontributingbloggerjoannathompsonviaswirlnationblogJoanna L. Thompson, a mixed-race and queer female born in Alexandria, Virginia and raised in Rockville, Maryland, is a Ph.D. Candidate and instructor in the Department of Criminology, Law, and Justice at the University of Illinois at Chicago. At UIC, Joanna teaches an undergraduate course on criminal justice organizations and is a Diversifying Faculty in Higher Education in Illinois Fellow. Joanna received her MA from the Department of Criminology, Law, and Justice at UIC in 2012. Before moving to Chicago for graduate school, she received her BA in Criminology and Investigations with a minor in Professional Writing and Editing from West Virginia University in Morgantown, West Virginia. Joanna’s research interests include further understanding the formation and perception of biracial identity theory and interracial relationships, focusing on critical mixed-race studies to emphasize the intersections between mixed-race identity and interpersonal victimization. Aside from academics, Joanna is a proud only child who cannot live without music, coffee, texting, and shopping. She is a serious sports fan and follows Washington D.C. sports religiously. In her spare time, Joanna is usually getting in a work out, making visits back home to the east coast to spend time with longtime friends and family, or planning beach vacations because she loves to travel. Joanna is also a contributing blogger for Swirl Nation Blog.

You can follow Joanna on her social media accounts: Facebook // Instagram // Snapchat @jotothejo00

Comments are closed.