The first question that arises is as to who is a “White” within the meaning of the statute.

The first question that arises is as to who is a “White” within the meaning of the statute. Even those states which have formulated statutory definitions are not in agreement. Georgia with its very extensive definition provision sets out that a “White” includes only those persons who have no ascertainable trace of the prohibited intermixture in their blood line.22 The Arizona statute prohibits anyone with “Caucasian blood” from marrying the other races enumerated.23 Virginia states that a “White” is a person with no admixture except 1/16 or less of American Indian.24 Many other states in their statues treat as “White” anyone with 1/8 or less of any of the other prohibited races;25 Oregon sets it at ¼.26

William E. Foster, “A Study of the Wyoming Miscegenation Statutes,” Wyoming Law Journal, Volume 10, Number 2 (1956). 133-134. https://repository.uwyo.edu/wlj/vol10/iss2/5/.

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