Article on the Regulation of Interracial Sex in Washington, circa. 1855-1900.

Jason Gillmer (Professor of Law at Gonzaga University School of Law) recently published an article entitled, Crimes of Passion: The Regulation of Interracial Sex in Washington, 1855-1950, 47 Gonz. L. Rev. 393 (2012). The abstract of the article available on SSRN is below:

This Article explores the regulation of interracial sex and marriage in the state of Washington from its time as a territory through the first half of the twentieth century. Drawing on local records rather than canonical cases, the Article’s main thesis is that, although the criminal bans on the practice were short-lived, Washingtonians used legal mechanisms to discourage and penalize interracial families in much the same way. The result of these efforts may not have been prison time; but, lawyers and judges regularly used the law to ensure that wealth and property remained in the hands of whites rather than racial minorities. In doing so, the legal system became an effective deterrent to interracial relationships, perpetuating existing notions of race that privileged whiteness over other racial groups.