Through the energetic work of the reformer John Calvin, the small city-state of Geneva became the so-called Protestant Rome in the sixteenth century. Calvin created a morals court, the Consistory, which worked in conjunction with the city council to attack a wide range of ‘sins’, including illicit sexuality, defined as all sexual activity outside of marriage. In Calvin’s time, authorities pursued male and female fornicators (including fiancés) with the same rigour and on rare occasions sentenced adulterers to death. After Calvin’s death a double standard appeared in the treatment of adultery, most blatant in the fact that sexual relations between female servants and their married masters resulted in more severe penalties for the former than the latter. Same-sex relations were considered crimes against nature, but authorities adjudged those involving men much more severely than those involving women, probably based on a belief that sexual relations between male partners degraded them to the level of women. Although a few men were prosecuted for rape, religious and political authorities largely enhanced patriarchy; given the persistent numbers of people who were summoned, they clearly were also less successful in nurturing self-control among Genevans in their sex lives than in other areas of behaviour.

This chapter explores the legality of unions between racially heterodox people. It asks readers to consider miscegenation suits decided in the 1860s and 1870s solely in the context of Reconstruction-era efforts to achieve abolition. Observing the suits from this perspective reveals an important moment of flux in the history of American abolition and reveals the central arguments that would be used to undermine equal citizenship.