Race Distinctions in American Law

by Gilbert Thomas Stephenson

RACE DISTINCTIONS NOT CONFINED TO ONE RACE

Race distinctions are not confined to any one race. It is true that most of the statutes and judicial decisions above referred to relate to the Negro because he belongs to a race which is the largest non-Caucasian element in the United States. Where, however, other race elements exist in considerable numbers, similar distinctions are sanctioned. One finds, for instance, in California and other States of the Far West, where Japanese are numerous, laws prohibiting intermarriage between Mongolians and Caucasians, and requiring separate schools for the two races. Similar laws have been enacted wherever there is an appreciable number of Indians. Wherever, in other words, any two races have lived together in this country in anything like equal numbers, race distinctions have been recognized in the law sooner or later; and, before becoming legally recognized, have existed in practice.