By Fay Botham
During this attention-grabbing cultural heritage of interracial marriage and its felony rules within the usa, Fay Botham argues that religion--specifically, Protestant and Catholic ideals approximately marriage and race--had an important impact on criminal judgements relating miscegenation and marriage within the century following the Civil struggle. Botham argues that divergent Catholic and Protestant theologies of marriage and race, strengthened by way of local adjustments among the West and the South, formed the 2 pivotal situations that body this quantity, the 1948 California best court docket case of Perez v. Lippold (which effectively challenged California's antimiscegenation statutes at the grounds of non secular freedom) and the 1967 U.S. perfect court docket case Loving v. Virginia (which declared criminal bans on interracial marriage unconstitutional). Botham contends that the white southern Protestant inspiration that God "dispersed" the races, rather than the yank Catholic emphasis on human team spirit and customary origins, issues to ways in which faith stimulated the process litigation and illuminates the non secular bases for Christian racist and antiracist events.
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Extra resources for Almighty God Created the Races: Christianity, Interracial Marriage, and American Law
Patrick’s Church offered to provide the CIC with space to hold its meetings, and so the group invited Father John LaFarge to Los Angeles to discuss the best way to go about establishing a local council. 23 Father LaFarge agreed to come to Los Angeles. His deferential relationship with the New York hierarchy—most notably with future Los Angeles archbishop J. Francis McIntyre—had earned him the consternation of progressive Catholics, who viewed him as a gradualist. ”24 As Marshall and the other members of the group intended to shape the Los Angeles council as an intrepid advocate of interracial justice, they heeded LaFarge’s advice.
According to Justice Stephen J. Field, Alabama’s law was [ 28 ] CATHOLIC CALIFORNIA entirely consistent. The one prescribes, generally, a punishment for an offence committed between persons of different sexes; the other prescribes a punishment for an offence which can only be committed where the two sexes are of different races. There is in neither section [of the State Code] any discrimination against either race. . Whatever discrimination is made in the punishment prescribed in the two sections is directed against the offence designated and not against the person of any particular color or race.
Further, Reynolds and other cases affirmed the right of state legislatures to declare certain types of marriages, such as polygamous and interracial unions, “inimical to the peace, good order, and morals of a society” (6). Cantwell, Stanley pointed out, distinguished two implicit freedoms within the concept of religious liberty: the freedom to believe and the freedom to act. ”101 While a person had the right to believe that a polygamous or interracial marriage was valid based upon religious doctrine, a person did not have the right to act upon that belief.