Francois v. State

Citations

• 9 Tex. Ct. App. 144

Syllabus

<p>1. Miscegenation. — This court adheres to and reaffirms its rulings in Frasher v. The State, 3 Texas Ot. App. 263, sustaining the constitutionality and the unimpaired validity of the provision of the original Penal Code which made it a felony for a white person to intermarry with a negro or a person of mixed blood. The fact that the said provision discriminated against the white race, by denouncing the penalty against it alone, did not invalidate it. [Note that the Revised Penal Code abolishes this discrimination, and punishes offenders of both races.]</p> <p>2. Marriage. — The several States of the Federal Union have the exclusive right to declare how their citizens may marry, whom they may marry, and the legal consequences of the marriage contract.</p>