A Brief History on The Legalization of Black Marriage in the United States

As a wedding officiant, I realize that every story creates a moment in history and every story was created from a foundation of other lovers from previous generations.

The observance of Black History Month ended on February 28, but Black History is American History and therefore does not have an expiration date.

This month’s educational article provides a brief history on the legalization of Black Marriages in the United States. In my line of work, it is not enough to just join people in marriage, but it is equally important to remember how love has evolved over time. Enjoy!

Historically, marriage has been viewed as the foundation of family life. The legal, civil, and religious covenant of marriage is a legally binding contract and a formal union connecting two individuals economically and emotionally.

Marriage is a significant right of passage that is often regulated by the bride and groom's customs, beliefs, values, and attitudes.

Although Black love and Black marriage remain especially significant in the Black community, historically, it has not always been accepted or celebrated in society. Black marriages have been plagued with extensive economic, social, and cultural journeys, stereotypes, and challenges.

Throughout slavery, Blacks were deemed property, with no civil or legal rights, and their committed relationships were not legally recognized as marriages. Black families were also painfully separated without legal recourse.

During the southern Reconstruction Era, the legalization of Black marriage became essential to the economic, social, and moral stabilization of former slaves. Marital unions finally received the same acknowledgment, and some rights, as their white counterparts. Legalization reunited Black families and secured some protections against the sexual exploitation of Black women.

In 2006, The Louisiana State University Law Center published an article by Darlene Goring, The History of Slave Marriage in the United States, which provided a deeper historical insight into the plight of freed slaves. Goring wrote, "The emancipation of slaves, coupled with the ratification of the Thirteenth Amendment, shattered the paradox that slaves were both human and chattel. Thereafter, upon passage of the Civil Rights Act of 1866, basic human rights, such as the right to contract, the right to own, sell, and lease real and personal property, were conferred on freed slaves. In this context, recognition of the slaves' right to marry was an integral part of their transformation into legally recognized personhood."

Later, in 2015, the Fordham University School of Law School published Robin A. Lenhardt’s article, Marriage as Black Citizenship? Lenhardt noted, "Postbellum marriage initiatives functioned less to honor Black loving relationships than to reestablish control over former slaves and their ‘domestic relationships’... marriage became a critical path to erecting something approximating the master-servant relationship that had previously existed - its power configuration as well as its color distinctions.”

While the legalization of Black marriages allowed Blacks to make substantial societal strides, it was then weaponized to classify “acceptable” Black citizens. Being Black and married became a societal indicator of being productive, gender-conforming, and sexually compliant. Contrastingly, unmarried Black citizens were considered a threat to solidifying the "project" of Black households. These societal notions created an internalized racial contempt towards unmarried former slaves. This began a long-standing stigma within Black communities that continues to be experienced today.

Despite Black marriage experiencing many challenges since its legalized inception, it has evolved into a unifying cultural experience celebrating the unconditional love of two individuals becoming one. Contemporary Black marriages symbolically release the institutionalized boundaries once imposed during the post-slavery era.

Collectively, the Black community continues to celebrate Black marriage as an aspiration of a committed relationship, not just a civil obligation. Black marriage is honored because it is an ordained spiritual experience that has weathered many laws, generations, and cultural experiences.