PAD 525 – Constitutional and Admin Law THE STATUTES
THE STATUTES After the Civil War the South participated in harsh treatment toward blacks and many other minority groups.
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Get Help Now!Alabama was one of those states that experienced racism to the highest degree which included its statutory prohibition of Miscegenation.
The statutory language prohibited individuals from performing interracial marriage ceremonies, declaring such acts misdemeanors punishable by one-thousand dollar fines.
The law did not provide for specific criminal penalties against the persons attempting to marry each other.
The crime was an offense of strict liability; in other words, the person solemnizing an interracial match could be penalized regardless of whether he realized that the man and woman were of different races. “Negroes” were defined in a separate section of the code, which identified the class as including “person[s] of mixed blood, descended, on the part of the father or mother, from Negro ancestors, to the third generation inclusive, though one ancestor of each generation may have been a white person.” (Novkov, 2011).
The first case of anti- miscegenation is Pace v. Alabama, 106 U.S. 583 (1883). Facts of the Case : Tony Pace (a black man) and Mary Cox (a white woman) were residents of Alabama were arrested because of their sexual relationship.
They were charges with adultery/fornication and sentenced to two years in the state penitenti…………………….
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