The Anti-Miscegenation History of the American Southwest, 1837 To 1970

Transforming Racial Ideology into Law

Bibliographic Data

ID4851404
AuthorsM Menchaca (0000-0001-5569-9961, The University of Texas at Austin, corresponding author)
Year2008
Volume20
Issue3
Pages279-318
Publication date2008-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueCultural Dynamics (JOURNAL)
Journal identifiersISSN: 0921-3740 • E-ISSN: 1461-7048
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/0921374008096312
OpenAlexW2036391491
LanguageEN
Citations received6
References cited30

This article proposes that a historical analysis of court cases and state statutes can be used to illustrate how racist ideologies were transformed into practice and used to legalize racism. To exemplify this argument, marriage prohibition laws in the United States Southwest from 1837 to 1970 are examined. This analysis demonstrates that African Americans and Anglo Americans were not the only groups affected by anti-miscegenation legislation. Mexican Americans, Asian Americans, and Native Americans were also profoundly affected and their respective histories contribute to a more indepth understanding of the policies and practices used by state governments and the courts to discriminate against people of color. This article also reveals that most legal cases reaching state supreme courts in the Southwest involved Mexican Americans because their mixed racial heritage placed them in a legally ambiguous position

Ideology · Legislation · Political science · Politics · Racism · Sociology · Statute · Supreme court · Asian American and Pacific Histories · Gender Studies · Latin American and Latino Studies · Law · Medicine · Race, History, and American Society