Perez V. Sharp - Significance

Significance

By its decision in this case, the California Supreme Court became the first court of the twentieth century to hold that a state anti-miscegenation law violates the Federal Constitution. It preceded Loving v. Virginia, the case in which the United States Supreme Court invalidated all such state statutes, by 19 years, and antedated the civil rights milestones such as Brown v. Board of Education from which Loving benefited. Indeed, in Loving, Chief Justice Warren cited Perez in footnote five, and at least one scholar has discussed the extent to which Perez influenced his opinion.

The California Supreme Court also based much of its 2008 decision In re Marriage Cases (2008) 43 Cal.4th 757, which declared that the portions of California law which restrict marriage to be between a man and a woman to be unconstitutional, on Perez.