The Statutes Essay

5902 Words Jan 29th, 2016 24 Pages
Assignment 2: The Statutes
Sara Barboza
Dr. Joseph McCue
PAD 525 Constitutional and Administrative Law
October 18, 2015


INTRODUCTION
The word miscegenation comes from the Latin words miscere (to mix) and genus (type, family, or descent) and has been used to refer to cohabitation or intermarriage between racial groups. Regulated by state law, miscegenation was illegal in many states for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post
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They both served their time of one year in prison then moved to Washington DC after release. At trial, the state of Virginia argued that the law did not violate the equal protection clause because it applied the same penalties to African Americans and whites. The law itself only applied to marriage between a white person and any person of another race. Therefore, under the VA law, any minority could marry another minority of a separate class.
2. Issues: Does the VA law that prevents marriages between people solely on the basis of racial classifications violate the Equal Protection and Due Process Clauses of the 14th Amendment? Was rational basis the proper standard of review by which to evaluate the constitutionality of the statutes? Were the Virginia miscegenation statutes constitutional under the Equal Protection Clause?
The mere fact that a statute is one of equal application does not mean that the statute is exempt from strict scrutiny review. The statutes were clearly drawn upon race-based distinctions. The legality of certain behavior turned on the races of the people engaging in it. Equal Protection requires, at least, that classifications based on race be subject to the “most rigid scrutiny.”
The Equal Protection Clause of the United States Constitution (Constitution) prohibits classifications drawn by any…

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