Race Distinctions in American Law

Gilbert T. Stephenson

The Virginia Law Register · 1910 · 13 citations · 0 references

Concepts

Abstract

A EACE distinction in the law is a requirement imposed by statute, constitutional enactment, or judicial decision, prescribing for a person of one race a rule of conduct different from that prescribed for a person of another race.If, for instance, a Negro is required to attend one public school, a Mongolian another, and a Caucasian a still dif- ferent one, a race distinction is created, because the per- son must regulate his action accordingly as he belongs to one or another race.Or, if a person, upon entering a street car, is required by ordinance or statute to take a seat in the front part of the car if he is a Caucasian, but in the rear.if he is a Negro, this rule is a race distinction recognized by law.Again, a race distinction is made by the law when intermarriage between Negroes and Caucasians is prohibited.Distinctions in law have been made on grounds other than race.Thus, in those States in which men may vote by satisfying the prescribed requirements, but in which women may not vote under any circumstances, the law 2 1 its jurisdiction the equal protection of the laws."Though