If the person looked Black or mixed, the burden was on the person to prove they were White and entitled to such rights and privileges.22 The author next goes into the concern over the production of mixed race children.
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As time progressed the fines and penalties decreased, but their historical effects on children were severe and long lasting. After slavery was abolished the Virginians needed other mechanisms to preserve racial hierarchy and so laws regarding interracial sex and marriage were introduced.
The article does an excellent job of laying out the history of interracial marriages, the politics, laws, and court systems behind such marriages, and how the law viewed mixed race children. Leon Higginbotham, Jr., Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 Geo. The author states there are two basic concerns which lead to the laws on interracial sex and marriage: maintenance of a clear boundary line in a society that was based on slavery; the protection of involuntary interracial sex (rape).21 A statutory definition of race arose because of one essential factor-how should the mixed race offspring of these couples be classified.
This annotated bibliography will attempt to overview the history of interracial marriages and the children born out of such relationships.
More specifically it will focus on how these marriages have affected the children throughout history and the effects interracial marriages have on children.
Thus, as of June 12, 1967, interracial marriages were no loner illegal in any State. Historically, however the freedom of marriage was not always granted between races.