Intermarriage between African-Americans and Caucasians was illegal in 16 states until the US Supreme Court decision Loving v. Virginia was handed down on June 12, 1967. The court unanimously ruled that anti-miscegenation marriage laws were unconstitutional. In his opinion, Chief Justice
Earl Warren wrote, "The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the 'basic civil rights of man, fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State." Interestingly, many anti-miscegenation marriage laws were enacted in the wake of African-American heavyweight champion
Jack Johnson's marriages to two Caucasian women, as pointed out in
Ken Burns' documentary
Unforgivable Blackness: The Rise and Fall of Jack Johnson (2004). Johnson married his white mistress Etta Duryea in late 1910 or early 1911, then married another white woman, Lucille Cameron, soon after his first wife's September 1911 suicide. The two marriages outraged white America, and Johnson and Cameron fled America for Canada and then Europe under threat of lynching. Their relationship was fictionalized in the stage play, and subsequent movie,
L'insurgé (1970), for which the Caucasian playwright
Howard Sackler won the Pulitzer Prize. The 1913 Massachusetts anti-miscegenation marriage law, which did not recognize any marriage made in a state forbidding the marriage of different classifications of people (the law left unspoken the racial issue of black and white; in Virginia, blacks were allowed to marry other, non-white "races"), was considered inoperative after Loving v. Virginia until in 2005, then-governor
Mitt Romney used it as the basis to deny out-of-state couples the right to wed in the Commonwealth of Massachusetts after the Bay State's Supreme Court legalized gay marriage.
