Race, Sex, and the Freedom to Marry

Race, Sex, and the Freedom to Marry
Author: Peter Wallenstein
Publisher: University Press of Kansas
Total Pages: 300
Release: 2014-11-18
Genre: Law
ISBN: 0700620001

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.

Loving v. Virginia in a Post-Racial World

Loving v. Virginia in a Post-Racial World
Author: Kevin Noble Maillard
Publisher: Cambridge University Press
Total Pages: 289
Release: 2012-06-25
Genre: Law
ISBN: 1107375924

In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving v. 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?

Wedlocked

Wedlocked
Author: Katherine Franke
Publisher: NYU Press
Total Pages: 287
Release: 2015-11-06
Genre: History
ISBN: 1479815748

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.

Love Unites Us

Love Unites Us
Author: Kevin M. Cathcart
Publisher: New Press, The
Total Pages: 386
Release: 2014-04-01
Genre: Social Science
ISBN: 1620971771

Firsthand accounts from the attorneys and advocates who brought the historic cases and fought to secure the freedom to marry for same-sex couples. The June 2015 decision in Obergefell v. Hodges was a sweeping victory for the freedom to marry, but it was one step in a long process. Love Unites Us is the history of activists’ passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. Launching the fight for the freedom to marry had neither an obvious nor an uncontested strategy. To many activists, achieving marriage equality seemed far-fetched, but the skeptics were proved wrong in the end. Proactive arguments in favor of love, family, and commitment were more effective than arguments that focused on rights and the goal of equality at work. Telling the stories of people who loved and cared for one another, in sickness and in health, cut through the antigay noise and moved people—not without backlash and not overnight, but faster than most activists and observers had ever imagined. With compelling stories from leading attorneys and activists including Evan Wolfson, Mary L. Bonauto, Jon W. Davidson, and Paul M. Smith, Love Unites Us explains how gay and lesbian couples achieved the right to marry. “An exceptional piece of work by courageous and innovative leaders.” —Eric H. Holder Jr., 82nd US attorney general “Captures the amazing story of the fight for marriage equality—in California and around the country. A remarkable journey recounted with truth and eloquence.” —Gavin Newsom, governor of California

Loving

Loving
Author: Sheryll Cashin
Publisher: Beacon Press
Total Pages: 250
Release: 2017-06-06
Genre: Law
ISBN: 0807058270

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.

Same-Sex Marriage and the Constitution

Same-Sex Marriage and the Constitution
Author: Evan Gerstmann
Publisher: Cambridge University Press
Total Pages: 239
Release: 2017-06-26
Genre: Law
ISBN: 1107174295

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

The Engagement

The Engagement
Author: Sasha Issenberg
Publisher: Pantheon
Total Pages: 929
Release: 2021
Genre: History
ISBN: 1524748730

The riveting story of the fight for same-sex marriage in the United States--the most important civil rights breakthrough of the new millennium. On June 26, 2015, the United States Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal throughout the United States. But the road to victory was much longer than many know. In this seminal work, Sasha Issenberg takes us back to Hawaii in the 1990s, when that state's supreme court first started grappling with the issue, and traces the fight for marriage equality from the enactment of the Defense of Marriage Act in 1996 to the Goodridge decision that made Massachusetts the first state to legalize same-sex marriage, and finally to the seminal Supreme Court decisions of Windsor and Obergefell. This meticulously reported work sheds new light on every aspect of this fraught history and brings to life the perspectives of those who fought courageously for the right to marry as well as those who fervently believed that same-sex marriage would destroy the nation. It is sure to become the definitive book on one of the most important civil rights fights of our time.

Virginia Hasn't Always Been for Lovers

Virginia Hasn't Always Been for Lovers
Author: Phyl Newbeck
Publisher: SIU Press
Total Pages: 336
Release: 2008-03-14
Genre: Law
ISBN: 9780809328574

This landmark volume chronicles the history of laws banning interracial marriage in the United States with particular emphasis on the case of Richard and Mildred Loving, a white man and a black woman who were convicted by the state of Virginia of the crime of marrying across racial lines in the late 1950s. The Lovings were not activists, but their battle to live together as husband and wife in their home state instigated the 1967 U.S. Supreme Court ruling that antimiscegenation laws were unconstitutional, which ultimately resulted in the overturning of laws against interracial marriage that were still in effect in sixteen states by the late 1960s.

Is Marriage for White People?

Is Marriage for White People?
Author: Ralph Richard Banks
Publisher: Penguin
Total Pages: 306
Release: 2012-09-25
Genre: Social Science
ISBN: 0452297532

A distinguished Stanford law professor examines the steep decline in marriage rates among the African American middle class, and offers a paradoxical-nearly incendiary-solution. Black women are three times as likely as white women to never marry. That sobering statistic reflects a broader reality: African Americans are the most unmarried people in our nation, and contrary to public perception the racial gap in marriage is not confined to women or the poor. Black men, particularly the most successful and affluent, are less likely to marry than their white counterparts. College educated black women are twice as likely as their white peers never to marry. Is Marriage for White People? is the first book to illuminate the many facets of the African American marriage decline and its implications for American society. The book explains the social and economic forces that have undermined marriage for African Americans and that shape everyone's lives. It distills the best available research to trace the black marriage decline's far reaching consequences, including the disproportionate likelihood of abortion, sexually transmitted diseases, single parenthood, same sex relationships, polygamous relationships, and celibacy among black women. This book centers on the experiences not of men or of the poor but of those black women who have surged ahead, even as black men have fallen behind. Theirs is a story that has not been told. Empirical evidence documents its social significance, but its meaning emerges through stories drawn from the lives of women across the nation. Is Marriage for White People? frames the stark predicament that millions of black women now face: marry down or marry out. At the core of the inquiry is a paradox substantiated by evidence and experience alike: If more black women married white men, then more black men and women would marry each other. This book not only sits at the intersection of two large and well- established markets-race and marriage-it responds to yearnings that are widespread and deep in American society. The African American marriage decline is a secret in plain view about which people want to know more, intertwining as it does two of the most vexing issues in contemporary society. The fact that the most prominent family in our nation is now an African American couple only intensifies the interest, and the market. A book that entertains as it informs, Is Marriage for White People? will be the definitive guide to one of the most monumental social developments of the past half century.

Debating Same-Sex Marriage

Debating Same-Sex Marriage
Author: John Corvino
Publisher: OUP USA
Total Pages: 292
Release: 2012-06
Genre: Family & Relationships
ISBN: 0199756325

Polls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate. Taking a "point/counterpoint" approach, John Corvino (a philosopher and prominent gay advocate) and Maggie Gallagher (a nationally syndicated columnist and co-founder of the National Organization for Marriage) explore fundamental questions: What is marriage for? Is sexual difference essential to it? Why does the government sanction it? What are the implications of same-sex marriage for children's welfare, for religious freedom, and for our understanding of marriage itself? While the authors disagree on many points, they share the following conviction: Because marriage is a vital public institution, this issue deserves a comprehensive, rigorous, thoughtful debate.