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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.
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?
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.
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.
A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.
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.
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.
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.
Sex is cheap. Coupled sexual activity has become more widely available than ever. Cheap sex has been made possible by two technologies that have little to do with each other - the Pill and high-quality pornography - and its distribution made more efficient by a third technological innovation, online dating. Together, they drive down the cost of real sex, and in turn slow the development of love, make fidelity more challenging, sexual malleability more common, and have even taken a toll on men's marriageability. Cheap Sex takes readers on an extended tour inside the American mating market, and highlights key patterns that characterize young adults' experience today, including the timing of first sex in relationships, overlapping partners, frustrating returns on their relational investments, and a failure to link future goals like marriage with how they navigate their current relationships. Drawing upon several large nationally-representative surveys, in-person interviews with 100 men and women, and the assertions of scholars ranging from evolutionary psychologists to gender theorists, what emerges is a story about social change, technological breakthroughs, and unintended consequences. Men and women have not fundamentally changed, but their unions have. No longer playing a supporting role in relationships, sex has emerged as a central priority in relationship development and continuation. But unravel the layers, and it is obvious that the emergence of "industrial sex" is far more a reflection of men's interests than women's.
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.