Social diversity is a common characteristic of societies since historical times. Increasingly, this has enabled the populations to cope with various social, economic, and cultural challenges with ease. To a great extent, human diversity has been responsible for continued survival of the human race. Populations have formulated, implemented and enforced various laws and policies that are aimed at maintaining social order. Likewise, these have been instrumental in enabling them to co exist in a harmonic manner. There are various policies and laws that have been developed since historical times. In some instances, these have been compounded by various controversies. This is attributable to their complexity as well as their implications. Amongst these are the miscegenation laws that advocated for interracial marriages. It is against this background that this paper reviews the concept of miscegenation laws. To enhance a harmonic consideration, it begins by providing a historical overview of the laws. Then, it underscores the challenges that the laws faced. Finally, it details the implications of the laws to the affected populations.
The formulation and implementation of the miscegenation laws dates back to the practice of slavery. The abolition of this practice gave the Black population a chance to interact in various ways with their White counterparts. Having been introduced in 1863, Tehranian affirms that the laws advocated for the interracial marriages between the Black and White factions of the population (62). From a political point of view, relative legal documents argued that this was in line with the objectives of the then Republican Party. The documents were later declared as a hoax, written by a democrat leader, in a bid to undermine or discredit the abolitionist movement. The abolitionist movement was spearheaded by the civil society and Martin Luther King. In the United States, these laws were solely referred to the intermarriages between the Black and White populations. According to historical accounts, the laws were aimed at galvanizing the war (Lemire 51).
Notably, the laws were very sensitive especially considering that the White population held negative perceptions towards the Black populations. Of great importance is the fact that the laws had direct impacts on the values that were held in high regard by the majority of the population. In this respect, the White population considered itself to be superior to the Black population in all ways. It was therefore forbidden from interacting in any way with the minority populations. Important religious values and teachings considered the interracial marriages to be not only unnatural but also against the divine order. For this reason, the laws were faced with strong opposition from different facets of the society. Traditionalists and religious fundamentalists were particularly offended by the laws and considered them a contravention of important social values and virtues (Novkov 232). In this respect, it is worth acknowledging that relative social and religious values were imperatively important in maintaining and enhancing social stability.
The controversies surrounding miscegenation laws triggered the formulation and implementation of the anti-miscegenation laws. This move was supported by a significant percentage of the society and a majority of the White population. Relative decisions were based on the fear that full implementation of the miscegenation laws could culminate in the dissolution of the White population. Arguably, this could also lead to the dissolution of the social structures that solely advocated for the wellbeing of the White population. At this point, it is worth noting that the White population had already suffered devastating effects from abolition of slavery. In this respect, the White population depended on the Negroes for labor. They therefore feared that implementing and enforcing the miscegenation law could undermine their social as well as economic status. Put differently, the anti-miscegenation laws were formulated in a bid to counter this state of affairs. Historical evidence ascertains that by 1940, a significant thirty eight states had already developed laws forbidding mixed marriages (Lemire 44). Reportedly, six of these strongly forbade the practice and even considered it unconstitutional.
Seemingly, effective enforcement of the miscegenation laws was compounded by various challenges. These were social, economic, cultural and legal in nature. To begin with, an increased formulation of anti-miscegenation laws made it difficult for the former to be implemented with ease. Coupled with legalization of these through mainstreaming the anti-miscegenation laws in the constitution, implementation of the miscegenation laws became extremely difficult (Novkov 230). Another setback stemmed from the cultural nature of the laws. As aforementioned, the values and virtues that a majority of the society supported were not consisted with the provisions of the law. In his research, Tehranian argues that culture is intrinsic to societal wellbeing and requires a great effort to change relative attitudes and practices (50). Efforts such as education and awareness creation can be effectively employed in changing cultural practices. Lack of these made it difficult for effective implementation of the miscegenation laws. Finally, the political atmosphere undermined the effort for immediate and smooth implementation of the laws. As identified earlier, the democrats politicized this and used it to rally against their republican counterparts.
Undoubtedly, miscegenation laws had varied implications on different individuals and facets of the society. To begin with, they culminated in the conviction of individuals that contravened the anti-miscegenation laws. According to Tehranian, the physical and emotion pain that the affected individuals experienced was immense (71). Also, these laws led to the redefinition of religious and cultural values and virtues that were otherwise held in high regard by the population. In particular, the suffering that was endured by the affected individuals, the legal oppositions and the general implication of the anti-miscegenation laws made the aforementioned factions of the society to review their perceptions and positions. To a great extent, the miscegenation laws contributed significantly to the pursuit of democracy and justice. The characteristic debates enlightened the populations about the actual implications of the issue. This made them to review their previous positions, educate themselves about the laws and make objective decisions accordingly. This can be used to explain why most states currently support the laws.
Since historical times, the society has formulated and implemented various laws, regulations and policies in an attempt o maintain order. This is of paramount importance because it supports sustainable growth and development. As it has come out from the study, the miscegenation laws faced strong opposition from various facets of the society. Relative challenges ranged from social and economic to cultural dimensions. This had varied impacts on the affected population. Besides exposing them to physical and emotional pain, the laws enlightened the entire population and enabled them to make objective and informed decisions. Eventually, the laws were accepted and made constitutional by a majority of the states.
References
Lemire, Elise. Miscegenation: Making Race in America. Philadelphia: University of Pennsylvania Press, 2002. Print.
Novkov, Julie. Racial Constructions: The Legal Regulation of Miscegenation in Alabama, 1890-1930. Law and History Review, 20.2 (2002): 225-277. Print.
Tehranian, John. Whitewashed: America’s Invisible Middle Eastern Minority. New York: New York University Press, 2009. Print.