By Fay Botham
During this interesting cultural historical past of interracial marriage and its felony legislation within the usa, Fay Botham argues that religion--specifically, Protestant and Catholic ideals approximately marriage and race--had an important impression on felony judgements referring to miscegenation and marriage within the century following the Civil conflict. Botham argues that divergent Catholic and Protestant theologies of marriage and race, bolstered through local variations among the West and the South, formed the 2 pivotal situations that body this quantity, the 1948 California splendid courtroom case of Perez v. Lippold (which effectively challenged California's antimiscegenation statutes at the grounds of spiritual freedom) and the 1967 U.S. ideally suited courtroom case Loving v. Virginia (which declared criminal bans on interracial marriage unconstitutional). Botham contends that the white southern Protestant proposal that God "dispersed" the races, in place of the yankee Catholic emphasis on human team spirit and customary origins, issues to ways in which faith inspired the process litigation and illuminates the non secular bases for Christian racist and antiracist activities.
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Extra info for Almighty God Created the Races: Christianity, Interracial Marriage, and American Law
95 The precedents that Daniel Marshall cited in his case, and particularly Cantwell, Barnette, and Busey, demonstrated his belief that it was the state’s responsibility to prove CATHOLIC CALIFORNIA [ 33 ] to the California Supreme Court justices that an interracial marriage posed a danger that the state must prevent or restrict. Combining the Barnette and Busey cases, Marshall argued that California’s antimiscegenation statute indeed appeared “on its face to affect the use of religion,” insofar as it prevented Perez and Davis from participating in the Catholic sacrament of marriage.
The first served as Moroney’s official reply to the court’s writ requiring him either to grant the marriage license to Perez and Davis or to state why the court should not compel him to do so. Moroney, of course, opted to explain the grounds upon which he refused to issue the license. 98 Stanley located a particularly nettlesome source on which to base this claim: the writings of Marshall’s old friend, Father John LaFarge. Stanley attempted to depict LaFarge’s views, rather than Marshall’s allegations, as orthodox Catholic doctrine, contending that the imprint “Permissu Superiorum” on the flyleaf of each of LaFarge’s books indicated the church’s official sanction of his writings.
Ignoring altogether Section 60 of California’s Civil Code, which prohibited “all marriages of white persons with Negroes, Mongolians, members of the Malay race, or mulattoes,” Marshall instead focused on Section 69, the statute that directly involved Moroney. ” Marshall asserted that Perez and Davis “have the right under the belief, teaching and discipline of the Roman Catholic Church . . ”57 Having established the acceptability of interracial marriage among Roman Catholic believers, Marshall concluded his petition by asserting that Moroney’s refusal to issue the couple a marriage license resulted in (a) .