Allison Brownell Tirres
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of American History. Please check back later for the full article.
Latino Americans and the law have intersected in complex ways throughout American history. Latinos themselves are a diverse and multifarious racial, ethnic, and cultural group, with members hailing from all parts of the Spanish-speaking world and representing all variations on the spectrum of race. Each group has a unique origin story, but all have been shaped by law and legal process. Legal historians and legal scholars explore the role of law in incorporating Latino groups in American society, the effects of law on Latino communities, and the struggles against legal discrimination and for equality. The civil rights story bears strong resemblance to that of African Americans and the law: in each case, members have been subjected to de jure and de facto discrimination and social subordination. But the Latino civil rights story has unique valences, particularly in the areas of language discrimination and immigration law and policy. Latino legal history explores the complex ways that Latinos interact with the color line in American law and politics.
Steven K. Green
Separation of church and state has long been viewed as a cornerstone of American democracy. At the same time, the concept has remained highly controversial in the popular culture and law. Much of the debate over the application and meaning of the phrase focuses on its historical antecedents. This article briefly examines the historical origins of the concept and its subsequent evolutions in the nineteenth century.
Terri L. Snyder
Everywhere across European and Indigenous settlements in 17th- and 18th-century North America and the Caribbean, the law or legal practices shaped women’s status and conditioned their dependency, regardless of race, age, marital status, or place of birth. Historians have focused much of their attention on the legal status, powers, and experiences of women of European origin across the colonies and given great consideration to the law of domestic relations, the legal disabilities of coverture, and women’s experiences as plaintiffs and defendants, both civil and criminal, in colonial courts. Early American legalities, however, differed markedly for women of color—whether free, indentured, or enslaved, and whether Native or African in origin or descent—whose relationships to the legal regimes of early America were manifold and complex. In their status under the law, experiences at the bar, and, as a result, positions in household polities, women of color reckoned with a set of legalities that differed from those of their European counterparts. The diversity of women’s experiences of the law was shaped not only by race but also by region: Indigenous people had what one historian has labeled jurispractices, while Europeans brought and created a jurisprudence of race and status that shaped treatments of women of color across imperial spaces. A widely comparative analysis of women and the law reflects ways in which race shaped women’s status under and experiences of the law as well as the legalities of their marriages in pre-Revolutionary America.