The Court is back in session.
You may be seated.
Continuing this case of unjustifiable injustice on the Supreme Court is the case of Pace v. Alabama (1883).
In this case the dishonorable Supreme Court upheld miscegenation laws, a precedent that stood until Virginia v. Loving (1967)
The Background of the Case:
Tony Pace, an African-American man had been living with Mary Cox, a white woman, for the duration of approximately two years.
Once the police discovered this violation, Tony Pace and Mary Cox were promptly arrested and charged with “living in a state of adultery or fornication.”
The exact law stated. “If any white person and any negro, or the descendant of any negro to the third generation, inclusive, though one ancestor of each generation was a white person, intermarry or live in adultery or fornication with each other, each of them must, on conviction, be imprisoned in the penitentiary or sentenced to hard labor for the county for not less than two nor more than seven years.”
If that is not the most ridiculous thing you have ever read; it is an abomination in the face of the ideals of the United States Constitution.
However, Tony Pace and Mary Cox were very intelligent in their way of existing as a couple. According to Alabama state law, interracial marriage was a felony, and an extramarital affair was a misdemeanor. Therefore, they short skirted around the ridiculous law of the land in the best way they could.
Alabama State Supreme Court:
Eventually, the case was tried before the Alabama State Supreme Court. Unfortunately for the plaintiffs, the Court upheld the charges of immorality. The Court’s biggest fear was the possibility of the birth of a mixed-race child, which in 19th century society, was beneath that of white people.
The United States Supreme Court:
Eventually, the case was brought before the United States Supreme Court. Now, the Alabama state law clearly defies the 14th Amendment’s Due Process Clause because it punished people unfairly.
Nonetheless, the Court upheld the ruling of the Alabama Supreme Court. The Court said, “Whatever discrimination is made in the punishment prescribed in the two sections is directed against the offense designated and not against the person of any particular color or race. The punishment of each offending person, whether white or black, is the same.”
This interpretation of the law is a direct result of racist ideas and is a sad blemish on the history of this nation. It was a precedent that stood for 81 years.
In fact, this idea perpetuated into the very minds of the county courthouse in the Loving case. The court wrote, “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”
It is evident that the Supreme Court is not as honorable as it pretends to be.
I petition this Court for a brief recess.