COMBINED ANTI-MISCEGENATION LANGUAGE FROM 16 STATES ON 60" X 120" ARCHIVAL INKJET PRINT + DRY ERASE MARKERS + DURA-LAR TRANSPARENCY + COLOR CODED TRANSLATION KEY  
     
 

“Color Coded” explores a time when interracial marriage was illegal in parts of the United States and paints a sobering backdrop to the current controversy over same sex marriage.

"Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix." - Leon Bazile, Judge, Virginia’s 15th Judicial Circuit

In 1959, Mildred and Richard Loving were convicted of violating Virginia’s anti-miscegenation laws. Leon Bazile’s quote came from his ruling in the case. On June 12, 1967, the U.S. Supreme Court overturned their convictions by finding that laws banning interracial marriage violated the Equal Protection Clause of the 14th amendment to the U.S. Constitution. Linda was eight years old at the time.

Sixteen states had laws prohibiting interracial marriage when the Loving decision rendered them unconstitutional. Using the state slogans as titles, our work is a verbatim translation of their anti-miscegenation statutes. We divided the natural color spectrum into 26 distinct color squares to create an alphabet for coding the text. The vibrantly bright and happy colors vainly disguise the undercurrent of racism that permeates our country's history.

The idea for “Color Coded” came to us when we returned to the U.S. in 2004 after living abroad in Paris for four years. We were appalled to find a resurgence of racism and a general comfort and openness of prejudice that was disturbing. The resegregation of schools, racial profiling, racial competition proposed as primetime entertainment (CBS Survivor), the Katrina bridge blockade, and suppression of black voters in Florida and Ohio are but a few examples. As artists, we felt compelled to address this sense that it was “okay” to discriminate.

At the same time, we were shocked and saddened by the meanness and bigotry brought to the surface by the same sex marriage debate. We were dismayed to see the validity of the 2004 “Valentines Day” same sex marriages, held at San Francisco’s City Hall, challenged by the courts and the voters. Opponents echo many of the arguments used to ban interracial marriage. Coincidentally, we were married at San Francisco’s City Hall two years before on Valentines Day 2002. Fifty four years earlier, our own marriage would have been illegal in the state of California.

 
     
  COMPLETE TRANSLATED TEXT: Wonder Full Alabama Statutes 1927 title 14 section 360. Marriage adultery and fornication between white persons and negroes. If any white person and any negro or the descendant of any negro intermarry or live in adultery or fornication with each other each of them shall on conviction be imprisoned in the penitentiary for not less than 2 nor more than 7 years. The Natural State Arkansas Statutes 1921 Section 41.806. Concubinage Penalty. Concubinage between a person of the Caucasian or white race and between a person of the negro or black race is hereby made a felony and whoever shall be convicted thereof in any court of competent jurisdiction shall for each offense be sentenced to imprisonment at the discretion of the court for a term of not less than 1 month nor more than 1 year in the penitentiary at hard labor. Section 41.807. Concubinage Proof of violation Definition. The living together or cohabitation of persons of the Caucasian and of the negro race shall be proof of the violation of the provisions of section 41.806 of this act. For the purpose of sections 41.806 through 41.810 concubinage is hereby defined to be the unlawful cohabitation of persons of the Caucasian race and of the negro race whether open or in secret.Section 41.810. Delivery of mulatto child as prima facie evidence Definition. Any woman who shall have been delivered of mulatto child the same shall be prima facie evidence of guilt without further proof and shall justify a conviction of the woman but no person shall be convicted of the crime of concubinage upon the testimony of the female unless the same is corroborated by other evidence. Provided that this act sections 41.806 through 41.810 shall apply to cases of concubinage which is here defined to be the keeping and maintaining for immoral purposes persons of the opposite races named in this act. Section 55.104. Whites and negroes or mulattoes forbidden to marry. All marriages of white persons with negroes or mulattoes are declared to be illegal and void. It’s Good Being First Delaware Statutes 1953 title 13 section 101. Void and voidable marriages. A marriage is prohibited and void between a white person and a negro or mulatto. title 13 section 102. Entering into a prohibited marriage penalty. The guilty party or parties to a marriage prohibited by section 101 of this title shall be fined 100 dollars and in default of this payment of the fine shall be imprisoned not more than 30 days. Discover Your Own Backyard: Florida Florida Statutes 1903 Section 2579. Marriages between white and negro persons. It shall be unlawful for any white male person residing in or being in this State to intermarry with any negro female person and it shall be in like manner unlawful for any white female person residing or being in this State to intermarry with any negro male person and every marriage formed or solemnized in contravention of the provisions of this section shall be utterly null and void and the issue if any of such surreptitious marriage shall be regarded as bastard and incapable of having or receiving any estate real personal or mixed by inheritance. Section 3529. Intermarriage of white and negro person. If any white man shall intermarry with a negro mulatto or any person who has 1/8 of negro blood in her or if any white woman shall intermarry with a negro mulatto or any person who has 1/8 of negro blood in him either or both parties to such marriage shall be punished by imprisonment in the State prison not exceeding 10 years or by fine not exceeding 1000 dollars. Section 3532. White persons and negroes living in adultery. If any white person and negro or mulatto shall live in adultery or fornication with each other each shall be punished by imprisonment not exceeding 12 months or by fine not exceeding 1000 dollars. Section 3533. Negro man and white woman or white man and negro woman occupying same room. Any negro man and white woman or any white man and negro woman who are not married to each other who shall habitually live in and occupy in the night time the same room shall be punished by imprisonment not exceeding 12 months or by fine not exceeding 500 dollars. Georgia on My Mind Georgia Statutes 1927 Section 53.106. Miscegenation prohibited. it shall be unlawful for a white person to marry anyone but a white person. Any marriage in violation of this section shall be void. Section 53.9903. Miscegenation penalty. Any person white or colored who shall marry or go through a marriage ceremony in violation of the provision of section 53.106 shall be guilty of a felony and shall be punished by imprisonment in the penitentiary for not less than 1 year and not more than 2 years. Section 79.103. Persons of color who are. All negroes mulattoes and their descendants having any ascertainable trace of either Negro or African West Indian or Asiatic Indian blood in his or her veins shall be known in this State as persons of color. Section 105.707. Charge of intercourse with any person of color proof of special damage. Any charge or intimation against a white female of having sexual intercourse with a person of color is slanderous without proof of special damage. It’s That Friendly Kentucky Statutes 1915 Section 2097. Marriage between what persons prohibited and void. Marriage is prohibited and declared void between a white person and a negro or mulatto. Section 2114. Parties contracting in void marriage punishment of. Any party to a marriage between a white person and a negro or mulatto shall be fined not less than 500 nor more than 5000 dollars and if after conviction the parties continue to cohabit as man and wife they or either of them shall be imprisoned not less than 3 nor more than 12 months in the penitentiary. Come as You Are. Leave Different. Louisiana Criminal Procedural Code of 1932 Section 1128. Concubinage between a person of the Caucasian or white race and a person of the colored or black race is a felony and whoever shall be convicted thereof in any court of competent jurisdiction shall for each offense be sentenced to imprisonment at the discretion of the court for a term of not less than 1 month nor more than 1 year with or without hard labor. Section 1129. The living together or cohabitation of persons of the Caucasian and of the colored races shall be proof of the violation of section 1128. Section 1130. Concubinage is defined to be the unlawful cohabitation of persons of the Caucasian and of the colored races whether open or in secret. Section 1131. Concubinage between a person of the aboriginal Indian race of America known as the red race and a person of the colored or black race is a felony and whoever shall be convicted thereof in any court of competent jurisdiction shall for each offense be sentenced to imprisonment at the discretion of the court for a term of not less than 1 month nor more than 1 year with or without hard labor. Section 1132. The living together or cohabitation of persons of the aboriginal Indian race of America and of the colored or black race shall be proof of the violation of section 1131. Section 1133. Concubinage is defined to be the unlawful cohabitation of persons of the aboriginal Indian race of America known as the red race and of the colored or black race whether open or in secret. Feels Like Coming Home, “The South’s Warmest Welcome” Mississippi Code of 1930 Section 2361. Unlawful marriages between white person and negro or Mongolian prohibited. The marriage of a white person and a negro or mulatto or person who shall have 1/8 or more of negro blood or with a Mongolian or a person who shall have 1/8 or more Mongolian blood shall be unlawful and such marriage shall be unlawful and void and any party thereto on conviction shall be punished as for marriage within the degrees prohibited by the last 2 sections ie incestuous marriages and any attempt to evade this and the last 2 preceding sections by marrying out of this state and returning to it shall be within them. Where the Rivers Run Missouri Statutes 1949 Section 4727. Illegal marriages. No person having 1/8 part or more of negro blood shall be permitted to marry a white person nor shall any white person be permitted to marry any negro or person having 1/8 part or more negro blood and every person who shall knowingly marry in violation of the provisions of this section shall upon conviction be punished by imprisonment in the penitentiary for 2 years or by fine not less than 100 dollars or by imprisonment in the county jail not less than 3 months or by both such fine and imprisonment and the jury trying any such case may determine the proportion of negro blood in any party to such a marriage by the appearance of such a person. Section 8020. Certain marriages prohibited. All marriages between white persons and negroes white persons and Mongolians are prohibited and declared absolutely void. A Better Place to Be; Raise Up North Carolina Revised Code 1905 Section 3369. Miscegenation. All marriages between a white person and a negro or between a white person and a person of negro descent to the third generation inclusive are forever prohibited and shall be void. Any person violating this section shall be guilty of an infamous crime and punished by imprisonment in the county jail of state's prison not less than 4 months nor more than 10 years and may also be fined in the discretion of the court. Native America Oklahoma Statutes 1908 Section 12. The marriage of any person of African descent as defined in the Constitution article 23 section 2 1907 to any person not of African descent or the marriage of any person not of African descent to any person of African descent shall be unlawful and is hereby prohibited within this state. Section 13. Any person who shall so marry in violation of section 12 hereof shall be deemed guilty of a felony and upon conviction thereof shall be fined in any sum not exceeding 500 dollars and imprisonment in the penitentiary not less than 1 nor more than 5 years. Section 17. For the preservation of the public peace and safety an emergency is hereby declared to exist and this act shall be in full force and effect from after its passage and approval. Smiling Faces. Beautiful Places. South Carolina Criminal Code of 1912 Section 385. Miscegenation Punishment for. Penalty for Performing Ceremony. It shall be unlawful for any white man to intermarry with any woman of either the Indian or negro races or any mulatto mestizo or ½ breed or for any white woman to intermarry with any person other than a white man or for any mulatto ½ breed Indian negro or mestizo to intermarry with a white woman and any such marriage or attempted marriage shall be utterly null and void and of none effect and any person who shall violate this Section or any one of the provisions thereof shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than 500 dollars or imprisonment not less than 12 months or both in the discretion of the Court. Sounds Good to Me Tennessee Statutes 1942 Section 36.402. Whites and negroes or mulattoes forbidden to marry or cohabit. It’s Like a Whole Other Country Texas Civil Statutes 1920 Article 483. Intermarriage of whites and blacks. If any white person and negro shall knowingly intermarry with each other within this state or having so intermarried in or out of the state shall continue to live together as man and wife within this state they shall be punished by confinement in the penitentiary for a term not less than 2 nor more than 5 years. Virginia is for Lovers Virginia Statutes 1942 Section 4546. Marriage of a white person with a colored person how punished. If any white person intermarry with a colored person or any colored person intermarry with a white person he shall be guilty of a felony and shall be punished by confinement in the penitentiary for not less than 1 year nor more than 5 years. Wild and Wonderful West Virginia State Code of 1943 Section 4697.48.1.19. Miscegenation Penalties. Any white person who shall intermarry with a negro shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding 100 dollars and confined in jail not more than 1 year.  
     
  Special thanks to lovingday.org and Hastings Law Library for legal research