Naim v. Naim
Encyclopedia
Naim v. Naim, 197 Va 80; 87 S.E.2d 749 (1955) is a case regarding interracial marriage. The case was decided by the Supreme Court of Virginia
on June 13, 1955. The Court held the marriage between the appellant (Han Say Naim) and the appellee
(Ruby Elaine Naim) to be void under the Code of Virginia
(1950).
The appellee, a white woman living in Virginia, and the appellant, a Chinese man not living in Virginia, went to North Carolina to be married on June 26, 1952, specifically because there was a Virginia statute, the Racial Integrity Act of 1924
, banning interracial marriage, while North Carolina law only banned marriages between Whites and Blacks, not between Whites and Asians. They then returned to Virginia, where they lived as husband and wife. A year after the marriage, Ruby Naim filed for annulment
, as the marriage was in contravention of Virginia's miscegenation laws, with Han Say Naim arguing that a marriage valid in North Carolina was valid throughout the United States. The circuit court
of the city of Portsmouth
granted an annulment, but Han Say Naim appealed to the state supreme court, which upheld the circuit court's decision. The Virginia statute stated:
Han Say Naim's attorney, David Carliner, attempted to appeal the state's decision to the Supreme Court of the United States
, with the backing of the American Jewish Congress
, the Japanese American Citizens League
, the Association on American Indian Affairs
and the Association of Immigration and Nationality Lawyers. The justices, however, refused to consider the appeal, fearing that to do so would further encourage opposition to the enforcement of Brown v. Board of Education
.
Supreme Court of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...
on June 13, 1955. The Court held the marriage between the appellant (Han Say Naim) and the appellee
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
(Ruby Elaine Naim) to be void under the Code of Virginia
Code of Virginia
The Code of Virginia is the statutory law of the U.S. state of Virginia, and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force...
(1950).
The appellee, a white woman living in Virginia, and the appellant, a Chinese man not living in Virginia, went to North Carolina to be married on June 26, 1952, specifically because there was a Virginia statute, the Racial Integrity Act of 1924
Racial Integrity Act of 1924
On March 20, 1924 the Virginia General Assembly passed two laws that had arisen out of contemporary concerns about eugenics and race: SB 219, entitled "The Racial Integrity Act" and SB 281, "An ACT to provide for the sexual sterilization of inmates of State institutions in certain cases",...
, banning interracial marriage, while North Carolina law only banned marriages between Whites and Blacks, not between Whites and Asians. They then returned to Virginia, where they lived as husband and wife. A year after the marriage, Ruby Naim filed for annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
, as the marriage was in contravention of Virginia's miscegenation laws, with Han Say Naim arguing that a marriage valid in North Carolina was valid throughout the United States. The circuit court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
of the city of Portsmouth
Portsmouth, Virginia
Portsmouth is located in the Hampton Roads metropolitan area of the U.S. Commonwealth of Virginia. As of 2010, the city had a total population of 95,535.The Norfolk Naval Shipyard, often called the Norfolk Navy Yard, is a historic and active U.S...
granted an annulment, but Han Say Naim appealed to the state supreme court, which upheld the circuit court's decision. The Virginia statute stated:
-
- It shall hereafter be unlawful for any white person in this State to marry any save a white person, or a person with no other admixture of blood than white and American Indian. For the purpose of this chapter, the term 'white person' shall apply only to such person as has no trace whatever of any blood other than Caucasian; but persons who have one-sixteenth or less of the blood of the American Indian and have no other non-Caucasic [sic] blood shall be deemed to be white persons. All laws heretofore passed and now in effect regarding the intermarriage of white and colored persons shall apply to marriages prohibited by this chapter
Han Say Naim's attorney, David Carliner, attempted to appeal the state's decision to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, with the backing of the American Jewish Congress
American Jewish Congress
The American Jewish Congress describes itself as an association of Jewish Americans organized to defend Jewish interests at home and abroad through public policy advocacy, using diplomacy, legislation, and the courts....
, the Japanese American Citizens League
Japanese American Citizens League
The was formed in 1929 to protect the rights of Japanese Americans from the state and federal governments. It fought for civil rights for Japanese Americans, assisted those in internment camps during World War II, and led a successful campaign for redress for internment from the U.S...
, the Association on American Indian Affairs
Association on American Indian Affairs
The Association on American Indian Affairs is a non-profit organization promoting the welfare of American Indians and Alaska Natives...
and the Association of Immigration and Nationality Lawyers. The justices, however, refused to consider the appeal, fearing that to do so would further encourage opposition to the enforcement of Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
.
Further references
- Gregory Michael Dorr, "Principled Expediency: Eugenics, Naim v. Naim, and the Supreme Court", American Journal of Legal History 42 (1998): 119-159.
- Dennis J. HutchinsonDennis J. HutchinsonDennis J. Hutchinson is a Senior Lecturer in Law at the University of Chicago, and Master of the undergraduate College's New Collegiate Division where he directs the Law, Letters, and Society program. His interests primarily lie in the field constitutional law, paying special attention to issues...
, "Unanimity and Desegregation: Decisionmaking in the Supreme Court, 1948-1958", Georgetown Law Journal 68 (1979–80): 61-68.