—there did arise after Maynard a fair number of cases involving petitions to apply retroactively, without the consent of either spouse, statutes prohibiting certain matches: common-law marriages, interracial marriages, marriages between a man and his niece, etc. In all such cases, courts refused to void the challenged marriages; in all but one, they reached that result on the …

"Acts... prohibiting marriage between members of the white race and persons of African descent... have been universally upheld as constitutional and valid.

Ann.(Courtright, 1931) c. 68, § 118. kind before that event was therefore not affected by the statute.

BURKE, CONCILIATION OF AMERICA (Ox. ed. 1924), 202: "For high and reverend authorities lift up their heads on both sides and there is no sure footing in the middle. Thi,,. point is the great Serbonian bog betwixt Dalmatia and Mt. Cassius of old, where armies whole have sunk."

In Scott v. Epperson (1930), court records described James Scott as "a full-blood Creek Indian" and his wife, Lucy Grayson, as having "one-fourth negro blood

In those statutes, the term “white persons” was used in “oppos [ition] to [Black] and also the red, yellow, and brown races.”

We are of the opinion that section 7499 was never intended as an annulment act, but as to those domiciled within the state it was merely intended to prohibit future marriages between such persons

—the Oklahoma high court ruled that "marriage is a civil status in which the state is vitally interested" and that the state "has a right to determine, by legislative enactment the competency of the parties to enter into the marriage relations."

State laws rarely applied to Indian marriages of any sort, so long as they involved at least one tribe member and were celebrated on tribal lands under tribal law or custom

—noting that a statute prohibiting marriage between whites and those of negro blood would also prohibit marriage between a negro woman and a Creek man

[PDF] School of Applied Social Sciences School of Applied Social Sciences De …

[BOOK] Race in America: How a Pseudoscientific Concept Shaped Human Interaction [2 …

[CITATION] Volume XXX Spring 2010 Number 2