White persons and Malayans are forbidden to intermarry and both are forbidden to marry Negroes or persons of Negro descent to the third generation. The statutory mode of expression to cover persons of mixed white and Negro blood is an awkward one and makes doubtful just what proportion of Negro blood will disqualify one from marrying a pure white person or Malayan. It is suggested that if the person in question has some non-Negro blood and that if all of his parents and grand-parents also had some, he is eligible for purposes of the statute, even though he is predominantly Negro.
John S. Strahorn Jr., “Void and Voidable Marriages in Maryland and Their Annulment,” Maryland Law Review, Volume 2, Issue 3 (1938): 231.
Tags: John S. Strahorn Jr., Maryland Law Review