Gov. Murphy recently signed legislation (A-4939/S-3719), which assures New Jerseyans by statute that their right to marry a person of another race is protected. New Jersey is one of nine states that never had a miscegenation law. Nevertheless, the Legislature decided to act after the decision in Dobbs v Jackson Women’s Health Organization in 2022 overturned the 1973 decision in Roe v. Wade, guaranteeing a woman a right to an abortion under the federal Constitution. Dobbs sent the issue of abortions back to the states, where it is clear the right to an abortion has been severely curtailed in some states.

Dobbs generated a concern that other personal freedoms might be in jeopardy. Justice Clarence Thomas, enthusiastically supporting overturning of Roe, opined in his concurrence that the court should consider reviewing other legal precedents, such as those upholding same-sex marriage and access to contraception where due process was the rationale. Justice Thomas did not specifically mention the right to interracial marriage, but thereafter members of the New Jersey Legislature expressed concern, as did the governor, about the freedom of interracial marriages and interracial civil unions. Upon signing bill, Gov. Murphy wrote in a statement that New Jersey “will continue to stand on the right side of history, ensuring that people have the freedom to marry the person they love.”

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