Malay Race - United States Context

United States Context

In the United States, the racial classification "Malay race" was introduced in the early twentieth century into the anti-miscegenation laws of a number of western US states. Anti-miscegenation laws were state laws that prohibited marriage between European Americans and African Americans and in some states also other non-whites. After an influx of Filipino immigrants, these existing laws were amended in a number of western states to prohibit marriage between Caucasians and Filipinos, who were designated as members of the Malay race, and a number of Southern states committed to racial segregation followed suit. Eventually 9 states (Arizona, California, Georgia, Maryland, Nevada, South Dakota, Utah, Virginia, and Wyoming) explicitly prohibited marriage between Caucasians and Asians. In California, there was some confusion over whether pre-existing state laws prohibiting marriage between whites and "Mongolians" also prohibited marriage between whites and Filipinos. A 1933 Supreme Court of California case Roldan v. Los Angeles County concluded that such marriages were legal as Filipinos were members of the "Malay race" and were not enumerated in the list of races for whom marriage with whites was illegal. The California legislature soon after amended the laws to extend the prohibition against interracial marriage to whites and Filipinos.

Many anti-miscegenation laws were gradually repealed after the Second World War, starting with California in 1948. In 1967, all remaining bans against interracial marriage were judged to be unconstitutional by the United States Supreme Court in Loving v. Virginia and therefore repealed.

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