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Over the years, the Supreme Court has identified a number of rights that are “so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Why does the Court consider the right to marry “fundamental”? What other rights are viewed as “fundamental”?
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Why do anti-miscegenation laws regard interracial marriages as a “public health” issue? What arguments did Lothrop Stoddard offer the General Assembly in favor of the proposed Virginia Racial Integrity Act? What scientific arguments might you offer to counter his argument? What moral or philosophical arguments were offered in support of the law? How would you respond to them? If possible, refer to particular provisions in the law.
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American Indian groups in Virginia, including the Monacan tribe in Amherst County, are still feeling the consequences of Plecker’s interpretation of the Virginia Racial Integrity Act. They have been unable to persuade the federal government to recognize them as tribes because Plecker erased all evidence of their heritage. Some have called it “a paper genocide.” What does it mean to have your heritage—-a part of your identity—-erased?
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In a letter dated April 6, 1943 from Walter Plecker to John Collier, Office of Indian Affairs, Plecker writes: "Our own indexed birth and marriage records, showing race, reach back to 1853. Such a study has probably never been made before.... Hitler's geneological study of the Jews is not more complete."1 What point is Plecker making here? Why do you think Plecker compares his own study to Hitler's?
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