Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races.
In the United States, interracial marriage, cohabitation and sex have been termed "miscegenation" since the term was coined in 1863. Contemporary usage of the term is infrequent, except to refer to historical laws banning the practice. Anti-miscegenation laws were first introduced in North America from the late seventeenth century onwards by several of the Thirteen Colonies, and subsequently, by many U.S. states and U.S. territories and remained in force in many US states until 1967. After the Second World War, an increasing number of states repealed their anti-miscegenation laws. In 1967, in landmark case Loving v. Virginia, the remaining anti-miscegenation laws were held to be unconstitutional by the U.S. Supreme Court under Chief Justice Earl Warren.
Anti-miscegenation laws were also enforced in Nazi Germany as part of the Nuremberg Laws which were passed in 1935, and in South Africa as part of the system of apartheid which was passed in 1948.
United States
The first ever anti-miscegenation law was passed by the Maryland General Assembly in 1691, criminalizing interracial marriage. In a speech in Charleston, Illinois, in 1858, Abraham Lincoln stated, "I am not, nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people". By the late 1800s, 38 U.S. states had anti-miscegenation statutes. By 1924, the ban on interracial marriage was still in force in 29 states. While interracial marriage had been legal in California since 1948, in 1957 actor Sammy Davis Jr. faced a backlash for his relationship with a white woman, actress Kim Novak. In 1958, Davis briefly married a black woman, actress and dancer Loray White, to protect himself from mob violence.
In 1958, officers in Virginia entered the home of Richard and Mildred Loving and dragged them out of bed for living together as an interracial couple, on the basis that "any white person intermarry with a colored person"— or vice versa—each party "shall be guilty of a felony" and face prison terms of five years. When former president Harry S. Truman was asked by a reporter in 1963 if interracial marriage would become widespread in the U.S., he responded, "I hope not; I don’t believe in it", before adding "Would you want your daughter to marry a Negro? She won't love someone who isn't her color." In 1967 the law banning interracial marriage was ruled unconstitutional (via the 14th Amendment adopted in 1868) by the U.S. Supreme Court in Loving v. Virginia.
South Africa
Early prohibitions on interracial marriages date back to the rule of the Dutch East India Company when High Commissioner Van Rheede prohibited marriages between European settlers and heelslag or full-blooded slave women (that is, of pure Asian or African origin) in 1685. The ban was never enforced.
In 1905, German South West Africa banned the "Rassenmischehe" (racial mixed marriage). These bans had no legal basis in German citizenship laws (issued in 1870 and 1913) and the "decrees [were] issued by either a colonial governor or the colonial secretary", they were "not laws that had received the approval of the Reichstag". Similar such laws were also adopted in the German colonies of German East Africa (1906) and German Samoa (1912).
In 1927, the Pact coalition government passed a law prohibiting marriages between whites and blacks (though not between whites and "coloured" people). An attempt was made to extend this ban in 1936 to marriages between whites and coloureds when a bill was introduced in parliament, but a commission of inquiry recommended against it.
South Africa's Prohibition of Mixed Marriages Act, passed in 1949 under Apartheid, forbade marriages between whites and anyone deemed to be non-whites. The Population Registration Act (No. 30) of 1950 provided the basis for separating the population of South Africa into different races. Under the terms of this act, all residents of South Africa were to be classified as white, coloured, or native (later called Bantu) people. Indians were included under the category "Asian" in 1959. Also in 1950, the Immorality Act was passed, which criminalized all sexual relations between whites and non-whites. The Immorality Act of 1950 extended an earlier ban on sexual relations between whites and blacks (the Immorality Act [No. 5] of 1927) to a ban on sexual relations between whites and any non-whites. Both Acts were repealed in 1985 as part of the reforms carried out during the tenure of P. W. Botha.