1913 law
Encyclopedia
Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008.
Harry Ney Stearns introduced Senate Bill 234 on March 7, 1913. The bill was signed into law three weeks later by Governor
Eugene N. Foss. The statute
provided that in the Commonwealth of Massachusetts
:
No record of the state Senate debate has been found. Legal experts have said that the original purpose of the legislation was an anti-miscegenation measure
; although the law would not have banned interracial marriage (which had been legal in Massachusetts since 1843) it may have been intended to block interracial couples
from states
that banned interracial marriages from going to Massachusetts to get married. The law was enacted at the height of a public scandal over black heavyweight boxer Jack Johnson's
interracial marriages. However, Massachusetts Attorney General
Thomas Reilly
said there is no evidence lawmakers were motivated by race.
The year prior to the adoption of the 1913 law, an amendment to the U.S. Constitution was proposed in the U.S. House of Representatives
to provide that "Intermarriage between negro
s or persons of color and Caucasian
s ... within the United States ... is forever prohibited." The amendment failed to pass, but many state legislatures proposed new interracial marriage bans during this period. In 1910, 60 percent of states – 28 of the 46 – already had anti-miscegenation laws. By 1913, anti-miscegenation measures were introduced in half of the 18 states that did not already have a ban, although only Wyoming
passed a new anti-miscegenation law during this period.
's decision in Goodridge v. Department of Public Health
(2003), and the legalization of gay marriage
in May 2004, the law was resurrected by state officials after several decades during which it had not been enforced. The intent in this second wave of enforcement was to ensure that same-sex couples who did not have an intention of living in Massachusetts once they were married were not issued marriage license
s by the Commonwealth's town and city clerks. Attorney General
Tom Reilly
would later include in a brief his position that enforcing the law was Massachusetts's way of respecting other states that have banned such marriages.
The renewed implementation of the law was almost immediately challenged by eight same-sex couples from outside Massachusetts and by 13 Massachusetts city and town clerks who argued that they were being turned into "agents of selective enforcement." The challengers argued that the law violates the equal protection provisions of the state's constitution
and the United States Constitution
. Massachusetts Superior Court Justice Carol Ball, ruled that the law was not unconstitutional
, as it was being applied equally to all couples.
On March 30, 2006, the Supreme Judicial Court upheld the application of the law as it applies to marriages of same sex couples in a complex decision, Cote-Whitacre v. Department of Public Health, with three concurring decisions filed and one dissenting vote. The court sent the New York and Rhode Island couples' cases back to the superior court judge, asking the judge to determine whether same-sex marriage is expressly prohibited in those states. It denied the claims of the clerks and all the other couples.
had previously announced his support for repeal, and he signed the bill into law on July 31, 2008. The repeal took effect immediately.
attempted to reinstate the law by a referendum
in October 2008, but failed to collect sufficient signatures.
History and text
State SenatorMassachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...
Harry Ney Stearns introduced Senate Bill 234 on March 7, 1913. The bill was signed into law three weeks later by Governor
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
Eugene N. Foss. The statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
provided that in the Commonwealth of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
:
No record of the state Senate debate has been found. Legal experts have said that the original purpose of the legislation was an anti-miscegenation measure
Anti-miscegenation laws
Anti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
; although the law would not have banned interracial marriage (which had been legal in Massachusetts since 1843) it may have been intended to block interracial couples
Interracial marriage
Interracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
from states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
that banned interracial marriages from going to Massachusetts to get married. The law was enacted at the height of a public scandal over black heavyweight boxer Jack Johnson's
Jack Johnson (boxer)
John Arthur Johnson , nicknamed the “Galveston Giant,” was an American boxer. At the height of the Jim Crow era, Johnson became the first African American world heavyweight boxing champion...
interracial marriages. However, Massachusetts Attorney General
Massachusetts Attorney General
The Massachusetts Attorney General is an elected executive officer of the Massachusetts Government. The office of Attorney-General was abolished in 1843 and re-established in 1849. The current Attorney General is Martha Coakley....
Thomas Reilly
Thomas Reilly
Thomas F. Reilly is an American attorney and politician who served as the 45th Massachusetts Attorney General. He was born in Springfield, Massachusetts to Irish immigrant parents....
said there is no evidence lawmakers were motivated by race.
The year prior to the adoption of the 1913 law, an amendment to the U.S. Constitution was proposed in the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
to provide that "Intermarriage between negro
Negro
The word Negro is used in the English-speaking world to refer to a person of black ancestry or appearance, whether of African descent or not...
s or persons of color and Caucasian
Caucasian race
The term Caucasian race has been used to denote the general physical type of some or all of the populations of Europe, North Africa, the Horn of Africa, Western Asia , Central Asia and South Asia...
s ... within the United States ... is forever prohibited." The amendment failed to pass, but many state legislatures proposed new interracial marriage bans during this period. In 1910, 60 percent of states – 28 of the 46 – already had anti-miscegenation laws. By 1913, anti-miscegenation measures were introduced in half of the 18 states that did not already have a ban, although only Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
passed a new anti-miscegenation law during this period.
Legal challenges
Following the Supreme Judicial CourtMassachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
's decision in Goodridge v. Department of Public Health
Goodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was a landmark state appellate court case dealing with same-sex marriage in Massachusetts. The November 18, 2003, decision was the first by a U.S...
(2003), and the legalization of gay marriage
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
in May 2004, the law was resurrected by state officials after several decades during which it had not been enforced. The intent in this second wave of enforcement was to ensure that same-sex couples who did not have an intention of living in Massachusetts once they were married were not issued marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
s by the Commonwealth's town and city clerks. Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Tom Reilly
Thomas Reilly
Thomas F. Reilly is an American attorney and politician who served as the 45th Massachusetts Attorney General. He was born in Springfield, Massachusetts to Irish immigrant parents....
would later include in a brief his position that enforcing the law was Massachusetts's way of respecting other states that have banned such marriages.
The renewed implementation of the law was almost immediately challenged by eight same-sex couples from outside Massachusetts and by 13 Massachusetts city and town clerks who argued that they were being turned into "agents of selective enforcement." The challengers argued that the law violates the equal protection provisions of the state's constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
and the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Massachusetts Superior Court Justice Carol Ball, ruled that the law was not unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
, as it was being applied equally to all couples.
On March 30, 2006, the Supreme Judicial Court upheld the application of the law as it applies to marriages of same sex couples in a complex decision, Cote-Whitacre v. Department of Public Health, with three concurring decisions filed and one dissenting vote. The court sent the New York and Rhode Island couples' cases back to the superior court judge, asking the judge to determine whether same-sex marriage is expressly prohibited in those states. It denied the claims of the clerks and all the other couples.
Repeal
On July 15, 2008, the Massachusetts State Senate voted to repeal the 1913 law on a voice vote. On July 29, 2008, the Massachusetts State House also voted to repeal the 1913 law on a vote of 119 to 36. Gov. Deval PatrickDeval Patrick
Deval Laurdine Patrick is the 71st and current Governor of Massachusetts. A member of the Democratic Party, Patrick served as an Assistant United States Attorney General under President Bill Clinton...
had previously announced his support for repeal, and he signed the bill into law on July 31, 2008. The repeal took effect immediately.
Referendum failure
The anti-gay group MassResistanceMassResistance
MassResistance is a Massachusetts anti-gay group that promotes socially conservative positions primarily on issues surrounding homosexuality, the transgender community and same-sex marriage. It was formed in 2006 as a consolidation of the Parents' Rights Coalition and the Article 8 Alliance...
attempted to reinstate the law by a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in October 2008, but failed to collect sufficient signatures.