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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
 | | Thus, the State contends that, because its miscegenation statutes punish equally both the white and the Negro participants in an interracial marriage, these statutes, despite their reliance on racial classifications, do not constitute an invidious discrimination based upon race. |
 | | The argument is that, if the Equal Protection Clause does not outlaw miscegenation statutes because of their reliance on racial classifications, the question of constitutionality would thus become whether there was any rational basis for a State to treat interracial marriages differently from other marriages. |
 | | On this question, the State argues, the scientific evidence is substantially in doubt and, consequently, this Court should defer to the wisdom of the state legislature in adopting its policy of discouraging interracial marriages. |
| caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=388&invol=1 (3111 words) |
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