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Virginia to urge the United States Supreme Court to strike down the laws in Georgia, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
It is difficult to believe now, but it took courage to stand against the political culture of those states in 1967 because racism and a concept of racial purity was so strongly imbedded in the local populations.
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Professor Fay Botham tells the story of Perez in “How a Catholic Theology of Marriage Crushed California’s Anti-Miscegenation Law.” Sylvester Davis, an African-American, and Andrea Perez, a Hispanic woman of Mexican descent, were members of St. They became engaged and asked Father Joseph Della Torre about getting married in the church.
He told them that the county would not issue them a license because the bride-to-be was a white woman and her fiancé was a black man. Their case gave the California Supreme Court the opportunity to score a victory for racial justice by reaffirming the meaning of marriage.
In a spring, 1947 letter to Auxiliary Bishop Joseph Mc Gucken, Marshall explained that his case against the law would rest on religious liberty, not racial equality. Governments cannot define and regulate marriage in a manner inconsistent with human nature because “human society …
originated by marriage, not marriage by human society.” A religious liberty approach would allow Davis to use Catholic teaching to argue that racism is inherently irrational.
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