| |
| |
| Acknowledgments | |
| |
| |
| |
| The Criminal Ban on Miscegenation as a Contested Site | |
| |
| |
| Regulating Interracial Intimacy and Building the State: Ninety Years of Bounded Development | |
| |
| |
| Antebellum Regulation of Interracial Intimacy | |
| |
| |
| State-Level Political Development and the Construction of Identity | |
| |
| |
| Alabama as a Significant Site | |
| |
| |
| Regulating Interracial Intimacy and the Development of the Supremacist State | |
| |
| |
| |
| Creating a Constitutional Order: 1865-82 | |
| |
| |
| Political and Social Upheaval | |
| |
| |
| The Threat of Interracial Relationships | |
| |
| |
| Ellis v. State and the Initiation of the Struggle | |
| |
| |
| Burns v. State and the Interpretive Challenge | |
| |
| |
| Ford, Green, and Hoover: Chipping Away at Burns | |
| |
| |
| Pace and Cox v. State and Pace v. Alabama: Constituting the State | |
| |
| |
| The New Constitutional Order and the Cornerstones of White Supremacy | |
| |
| |
| |
| The Elements of Miscegenation and Its Threat to the Family: 1883-1917 | |
| |
| |
| Political Consolidation, the Constitution of 1901, and Supremacist Ideology | |
| |
| |
| Racial Mixing, White Supremacy, and Violence | |
| |
| |
| Evidentiary Considerations and the Elements of Miscegenation | |
| |
| |
| The Relationship between Interracial Intimacy and Adultery or Fornication | |
| |
| |
| Confessing Miscegenation | |
| |
| |
| Establishing Female and Male; Establishing Black and White | |
| |
| |
| Interracial Rape | |
| |
| |
| The Constitutionalization and Formalization of White Supremacy | |
| |
| |
| |
| Litigating Race: 1918-28 | |
| |
| |
| Democratic Hegemony in Alabama's Politics | |
| |
| |
| The Birth of a Nation and the Rebirth of the Ku Klux Klan | |
| |
| |
| The Triumph of Eugenics and the Threat of Racial Mixing | |
| |
| |
| Eugenics as an Opportunity for Black Defendants | |
| |
| |
| Metcalf and Rollins: Establishing Whiteness | |
| |
| |
| Reed and Wilson: The Debate Expands | |
| |
| |
| Weaver v. State and the Effort to Achieve Judicial Resolution | |
| |
| |
| The Statutory Redefinition of Race | |
| |
| |
| The Battle over Racial Definition: Resolving Heredity with Common Understandings | |
| |
| |
| |
| Consolidating and Embedding White Supremacy: 1928-40 | |
| |
| |
| Politics and Society in Alabama during the Depression | |
| |
| |
| Politics and Race in the Late 1920s and 1930s | |
| |
| |
| Alabama's National Scandals: Scottsboro and Hugo Black | |
| |
| |
| Jesse Williams and the Continued Struggle over Racial Definition | |
| |
| |
| Legitimately Proving the Sexual Act and the Intention behind It: Jackson, Fields, and Murphy | |
| |
| |
| Bailey and Rogers and the Question of Parallel Outcomes | |
| |
| |
| Depression-Era Evidentiary Refinements and the Rationalization of Prejudice | |
| |
| |
| |
| White Power and Public Policy in Testamentary Disputes: 1914-44 | |
| |
| |
| Earlier Doctrine Regarding Interracial Transfers of Wealth | |
| |
| |
| Background Legal Principles Governing Challenges to Wills | |
| |
| |
| Allen v. Scruggs: Providing for the Children | |
| |
| |
| Mathews v. Stroud: The Primacy of the Testator's Intentions | |
| |
| |
| Dees v. Metts: Does Public Policy Prohibit Interracial Inheritance? | |
| |
| |
| What about Black Property Owners? | |
| |
| |
| Legitimation and White Male Control over Property | |
| |
| |
| |
| Portraying the Static State: 1941-54 | |
| |
| |
| Politics and the Hesitant New Progressivism | |
| |
| |
| War and Its Implications | |
| |
| |
| Early Stirrings of the Civil Rights Movement | |
| |
| |
| Framing Relationships and Avoiding Racialized Debate: Jordan, Brewer, and Gilbert | |
| |
| |
| The Necessity of Proving Intercourse: Griffith | |
| |
| |
| Agnew and the Court's Final Word on the Problem of Prejudice and Racial Definition | |
| |
| |
| Constitutional Challenges Arise Again: Jackson and Rogers | |
| |
| |
| The State Courts' Final Words on Miscegenation | |
| |
| |
| |
| Race and the Legacy of the Supremacist State | |
| |
| |
| The Demise of Criminal Sanctions against Interracial Intimacy | |
| |
| |
| Alabama's Final Repudiation of the Formal Ban on Interracial Marriage | |
| |
| |
| The Ban on Interracial Intimacy and the Construction of Race and Gender | |
| |
| |
| The Ban on Interracial Intimacy and the Process of State Building | |
| |
| |
| The Law and Its Agents | |
| |
| |
| Afterword: The Analogy between Bans on Interracial Marriage and Same-Sex Marriage-A Usable Past? | |
| |
| |
| What Work Can the Analogy Do? | |
| |
| |
| Bibliography | |
| |
| |
| Index | |