Before It Was Legal: a black-white marriage, 1945-1987

Photograph from Nancy Poling’s personal collection.
  •  Out of courtesy to their descendants, the names of the Richmond couple have been changed.

Twenty-two years before Loving v. Virginia, Anna Harley, a white woman, and Daniel Winters, an African American man, sacrificed family, friends, and even country, to live together as husband and wife. In 1986, the Winters allowed me to interview them at their Mexico City home. It took me nearly 30 years to write Before It Was Legal: a black-white marriage (1945-1987). As the trust between us developed and they shared a part of their life they’d intended not to speak of, theirs became a more difficult narrative to put to paper. Looking back on their forty-two-year marriage—a tape recorder between them on their green sofa—they reflected on their relationship with startling honesty.*

On February 2, 1945, the Richmond, Indiana couple drove to Chicago, where they could legally marry. In Indiana “marriage between a white person and a person with one-eighth or more Negro blood” was a felony, punishable by a heavy fine, imprisonment, and the voiding of the marriage. Not until two years later, when Daniel’s mother, in Richmond, became ill, did the couple return to Indiana. During the eleven years they lived there, they were never prosecuted, but faced persecution.

Daniel was born in Richmond in 1908. The town he remembered was as segregated as most southern cities, with restaurants, beaches, and hotels off-limits to the city’s black population. When African American celebrities like Louis Armstrong, Joe Lewis, and Marian Anderson, visited the Indiana city they had to spend the night with a local widow, who rented out rooms.

A precocious child and an outstanding athlete, Daniel wasn’t bothered by the community’s discrimination until he was old enough to participate in team sports at school. A particularly painful memory included a frigid evening in which he had to change into his basketball uniform outside in the shadows of the YMCA building, because the association prohibited him from using its locker room. Although he took all of the advanced classes in high school, his white teachers never encouraged him to attend college. Yet in 1933, during the Great Depression, he graduated from Earlham College with a teaching degree in Spanish. While at the school, President William Cullen Dennis’s office chided Daniel for walking into town with groups of white women on his way home from classes. Daniel could not participate in Earlham’s social events that took place at the YMCA or Richmond hotels. After a long period of working menial jobs, he was able to teach Spanish in the federally-funded Works Progress Administration (WPA) program.

The Richmond Item, August 30, 1935, 11, accessed Newspapers.com.

Anna, born near Lima, Ohio, was seven when her mother died. Six years later her father took off to California without her. Abandoned, she went to live with her older sister, Violet, in Brookville, Ohio, near Dayton. She grew up independent and with an adventuresome spirit. Following her 1938 graduation from Manchester College, in Indiana, she became a social worker.

Daniel and Anna met in Richmond. The WPA office he worked out of was located in the same building as the Unemployment Relief Agency, which Anna supervised. A gregarious man, Daniel went downstairs to visit the young women who worked there. He and Anna began meeting at night in the privacy of her car, where they talked, kissed, and held each other. When Anna was transferred to northern Indiana and attended meetings in Indianapolis, Daniel rode there by bus. Indianapolis was large enough for them to appear in public and maintain anonymity. Yet people stared when they walked arm in arm along the sidewalk. Men sneered, “whore” in passing.

Only one of Anna’s friends, Inez, met Daniel before the marriage. Inez was quickly drawn to his charm and urbane demeanor, but she warned in letters that Anna should follow her head instead of her heart. A daughter of Anna’s sister, Violet, later said, “Mom practically had a nervous breakdown,” upon learning of the approaching marriage.

Daniel working at International Harvester, courtesy of Nancy Poling’s personal collection.

With World War II boosting production, International Harvester hired Daniel as a janitor at its Richmond plant- some company leaders were convinced that African Americans lacked the intelligence to operate machinery. The labor union, however, valued his education and elected him to leadership positions. During the McCarthy era, like other union activists, he was labeled a communist and intimidated by the FBI.

When Harvester closed its Richmond plant in 1957, no one in town would hire the “n— commie troublemaker.” By now the family included two school-age daughters. A move to Mexico offered Daniel the opportunity to practice the profession he’d been trained for and their daughters a chance to grow up free of racial prejudice.

But the move put new stressors on the couple’s relationship. Daniel, who taught English at a prestigious boys’ school, was soon saying he felt “as Mexican as chili verde.” Anna, a reserved, blond woman, felt at odds with the effusive culture whose language she never fully mastered. Daniel resented her not being outgoing; she resented his making little effort to help her adjust.

While personal in nature, Daniel’s and Anna’s story is also cultural. It speaks to the discriminatory attitudes resulting from the Ku Klux Klan’s influence during the 1920s and of McCarthyism in the 1950s. It is not the happily-ever-after story I anticipated, but an honest portrayal of the love and hurt any two people, not just a biracial couple, can encounter in an intimate relationship.

Learn more about the struggles Daniel and Anna faced as a biracial couple in Before It Was Legal: a black-white marriage (1945-1987), available wherever books are sold.

* Daniel died five months after the interview; Anna is also deceased.

“Blacks Must Wage Two Wars:” The Freeman Field Uprising & WWII Desegregation

Registration at Freeman Field in 1944, courtesy of the Indiana State Archives.

In 1945, at Freeman Field officers of the African American 477th Bombardment Group challenged the unlawful exclusion of blacks from officers’ club, resulting in their arrest. The uprising immediately gained the attention of the War Department, NAACP, and lawmakers such as Senator Arthur H. Vandenberg. The refusal of more than 100 black officer’s to comply with “Jim Crow” policies underlined the broader push for civil rights in the World War II era.

America’s involvement in WWII exposed the great disparity between the fight for freedom abroad and the treatment of African Americans at home. In 1945, The Pittsburgh Courier alleged that it was difficult to understand how President Harry S. Truman’s administration “can claim to be prosecuting a war to bring democracy to all of the world when it will not enforce its own orders supposedly establishing democracy in its own country.” Similarly, Hoosier businessman and Republican presidential nominee Wendell Willkie expressed concern with the treatment of African Americans in the Armed Forces. In his 1944 article “Citizens of Negro Blood” for Collier’s Magazine, Willkie stated that World War II “has made us conscious of the contradictions between our treatment of our Negro minority and the ideals for which we are fighting. The equitable treatment of racial minorities in America is basic to our chance for a just and lasting peace.” Roberta West Nicholson, Indiana state legislator and daughter-in-law of Hoosier author Meredith Nicholson, worked with the Indianapolis Servicemen’s Center during WWII and observed the same type of discrimination at Camp Atterbury. She successfully fought for black servicemen’s rights to utilize the exact same amenities and recreational facilities as their white counterparts, lamenting “It’s difficult to believe, but this is true; because the Army itself was segregated.”

Indianapolis Recorder, April 7, 1945, accessed Hoosier State Chronicles.

Discrimination forced African Americans to fight to even be admitted to the Army Air Corps, which was an exclusively white organization until the late 1930s. According to James Allison’s “Mutiny at Freeman Field,” with the outbreak of global war, the Army revised its policy and recruited black units, but kept them segregated from white counterparts. The Air Corps sponsored flight schools for African Americans due to pressure from Congress and NAACP leaders, but accepted none of their graduates, despite exemplary records. Allison noted that “Countervailing pressures from politicians seeking the black vote and enterprising blacks who threatened to sue resulted in an Air Corps decision to form an African American fighter squadron” in 1941. The squadron, designated the “Tuskegee Airmen,” was trained at Alabama’s Tuskegee Field and produced a formidable combat record.

Unlike the Tuskegee squadron, the 477th Bombardment Group was trained at a base in Seymour, Indiana that included white servicemen. The group was first established at Selfridge Field near Detroit, under the command of white officer Colonel Robert W. Selway. The group was transferred to Kentucky’s Godman Field as the result of racial tension and protest similar to that which later occurred at Freeman Field. The 477th was then moved to the Freeman Field air base in March 1945 to train with better facilities. The Indianapolis Recorder noted in April that:

Arrival of the group here stimulated open hostility on the part of tradesmen in the nearby town of Seymour . . . Most of the trades people announced they would furnish no service or sell commodities to the new arrivals at Freeman Field. Negro residents of Seymour, less than 100 in number, are striving valiantly to meet the needs of the soldiers.

Freeman Field Airport and Industrial Field, 1947, Indiana Historical Society, Digital Images Collection.

These men, many of whom were awarded the Distinguished Flying Cross and Purple Heart, encountered racial discrimination from white servicemen at Freeman Field. Little had changed regarding their treatment since WWI, during which African American entrepreneur Madam C.J. Walker and her sales agents wrote a letter to President Woodrow Wilson officially condemning the mistreatment of black troops. According to the Recorder, African American officers at Freeman were denied entry into the air base’s tennis courts, swimming pool, and “swanky” officer’s club after 5 p.m. by Officer Selway, who created a “superficial classification that prevented their enjoyment of facilities established for commissioned personnel.” This classification violated Army Regulation 210-10, which prohibited the racial segregation of officers at army camps. According to Allison, black officers mobilized to challenge the discriminatory action, meeting in hangars to plan a peaceful protest.

On April 5, 1945, Selway learned of the plan and ordered a provost marshal to guard the club and turn away black servicemen. At the end of the night, 61 officers were arrested for attempting to enter the club, three of whom faced a jury in July for “jostling a provost marshall [sic].” On the 7th and 8th, more officers were arrested for attempted entry of the club. In a move that could further institutionalize segregation, Selway pressured black officers to “sign a statement that attested to their understanding of the order that had established one club for trainees and the other for supervisory personnel” (Allison). Officers were read an Article of War threatening death for failure to obey command and then issued a direct order to sign. Undeterred, 101 officers refused to sign and were subsequently arrested and sent back to Godman Field. According to Historian Emma Lou Thornbrough, a commander of a local black American Legion Post asserted “Blacks must wage two wars-one against the Axis powers, the other for full citizenship at home.” The Freeman Field officers did just that.

Officers, Tuskegee Army Air Field, Alabama, circa March 1945, Clanin Collection, M0783, Box 3, Folder 68, Indiana Historical Society.

First Lieutenant Quentin P. Smith was among those who refused to sign and recalled “‘I thought, ‘Oh my God this can’t be happening . . . He had given me a direct order to sign. I had finished college and all I had to do was just stay alive and I’ll be a general. I had no voice then'” (1992, Merrillville Times). After refusing to sign, he was escorted to his barracks at gunpoint and held under arrest for twelve days. In a document endorsed by Smith on April 25, he contended “The cited regulation appeared and still appears to be a ‘Jim Crow’ regulation” and that he:

could not, and cannot understand how Medical Officers, qualified as Flight Surgeons and having completed all required Army medical training and having completed years of private medical practice could have been classified as ‘trainee’ personnel unless the distinction were solely one of color.

He added he wished to indicate “his unshakeable belief that racial bias is Fascistic, un-American, and directly contrary to the ideas for which he is willing to fight and die.”

Quentin P. Smith (center) with honor graduates of Class 45-A, Tuskegee Army Air Field, Alabama, circa March 1945, Clanin Collection, M0783, Box 3, Folder 68, Indiana Historical Society.

The Recorder reported that “The mass arrest which is believed unprecedented in the history of the Army has this post in an uproar and has disrupted the entire training program of the 477th Bombardment group.” By the 26th, it appeared that the uprising was beginning to influence Army policy, as the newspaper noted that “Officials of the Public Regulations Bureau of the department in Washington admitted momentous changes are being considered as result of an investigation of conditions surrounding” the incident. On April 28, The Pittsburgh Courier called for the immediate release and “return to duty” of the arrested men and that “Anything less will be a travesty on justice.”

Administrative reprimand of Smith by Selway, courtesy of Clanin Collection, M0783, Box 38, Folder 3, Indiana Historical Society.
Roger C. Terry, courtesy of indianamilitary.org

Following public outcry and the efforts of the NAACP, all were released and served with an administrative reprimand, with the exception of three men. The Recorder noted on June 30, that Selway had been replaced with African American Colonel B.O. Davis Jr. However, the three men arrested for “jostling” an officer continued to be confined and were prohibited from obtaining counsel. In July, a jury acquitted Lt. Marsden A. Thompson and Lt. Shirley R. Clinton of “disobedience of a direct order,” along with Lt. Roger C. Terry, although he was found guilty of “jostling” an officer and forced to pay $150. In 1995, the Air Force set aside Terry’s conviction. In an Indianapolis Star article, Terry declared that this removed the weight he had been carrying since the ordeal and that “What came off my back was that all my hatred went away. All of it.”

Although their military records remained tarnished until the 1990s, non-violent protests, as well as the violence against returning black servicemen, likely influenced President Truman’s decision to desegregate the armed forces on July 26, 1948. In negating Terry’s conviction, former assistant secretary of the Air Force concluded that the Freeman mutiny was crucial to military integration and a “‘giant step for equality.'”

Inequality Remade: Residential Segregation, Indianapolis Public Schools, and Forced Busing

In 1971, the Indianapolis Public Schools (IPS) system was brought to court and found guilty of practicing de jure segregation or racial separation enforced by law. This lesser-known story of desegregation in Indianapolis’s schools reveals a community deeply divided over race and offers one local response to an important national conversation.

Indianapolis had been racially segregated long before the 1970s. In particular, residential segregation coupled with a practice called redlining reinforced boundaries between the city’s white and African American populations. Redlining is denying services to people based on race: in this case, financial services. In response to the Great Depression, between 1934 and 1968 the Federal Housing Administration (FHA) and the Home Owners’ Loan Corporation (HOLC) used the National Housing Act to make housing more affordable. In practice, the Act only made home ownership easily accessible to white people by guaranteeing their loans. It explicitly denied to back loans for black people or even residents of majority black neighborhoods.

Aerial View of Indianapolis, 1938, courtesy of the Indiana Historical Society.

Appraisers ranked residential areas on a grading scale from A (green) to D (red). These color-coded maps, created by lenders, developers, and real estate appraisers for the FHA and HOLC, dictated how easy or difficult mortgage companies would make it for residents to secure loans in different areas. The appraisal process proved damning to areas where African Americans lived. An A-grade area, as one appraiser said, would not include “a single foreigner or Negro.” The lowest D-grade, red areas included “detrimental influences in a pronounced degree” with “undesirable population or infiltration of it.” Since the appraisers purposefully graded areas where African Americans lived poorly, redlining made it impossible for African Americans to benefit from residential mobility and reinforced racial segregation in the city.

In Indianapolis, A-grade areas were mainly located in the suburbs while C- and D-grade neighborhoods were located in the inner-city – where 98 percent of the African American population lived. One Indianapolis neighborhood on the Old Northwest Central side of the city, where African Americans made up 90 percent of the population, was catalogued as D-25. The appraiser who surveyed the area in 1937 gave it a D-grade for being “blighted” and “almost solid negro.” Even areas described as having “better class” African Americans were still classified as D-grade. In contrast, desirable Grade-A locations, like A-1 near Butler University, boasted “[n]ative white; executive and other white-collar type” residents with “nominal” foreign-born and no black residents.

Courtesy of Mapping Inequality, Richmond.edu.

Explore the redlining map of Indianapolis.

These residential patterns made it easy for IPS to uphold segregation in the school system as the School Board would zone, or divide, different residential areas to feed into different schools. As such, racially segregated housing generated racially segregated schools. A deeply divided school system had been in place in the city since 1927 when the Ku Klux Klan pressured the Board of School Commissioners to build what became Crispus Attucks High School for African American students. IHB’s historical marker observes the school’s history.

Indiana Historical Bureau marker.

Although school segregation was outlawed in Indiana in 1949, Indianapolis Public Schools (IPS) reestablished the elementary school boundaries in 1953 to ensure that the school system remained racially divided. The boundaries were so clearly racially-motivated that “[i]n some instances the lines drawn . . . ignored natural boundaries, requiring students to cross a canal, railroad track” or busy street “to get to their assigned school where no impediment stood between the student and an adjoining school.” An African American child tragically died after being struck by a train in 1952 because of these boundaries.

Courtesy of the Indiana Historical Society.

In 1968, a group of African American parents of children who attended IPS schools requested that the US Justice Department file a suit in the federal district court to charge IPS with unconstitutional segregation. The case, United States v. Board of School Commissioners, was tried in Indianapolis in July of 1971. The verdict, given on August 18, 1971, found “a purposeful pattern of racial discrimination based on the aggregate of many decisions of the Board and its agents.” IPS was guilty of de jure segregation, including racist “gerrymandering of school attendance zones, the segregation of faculty, the use of optional attendance zones among the schools, and the pattern of school construction and placement.” The court believed that “complete desegregation within IPS boundaries would encourage ‘white flight’ and lead to rapid resegregation” of IPS. To address this, the State of Indiana was added to the suit so that the township schools within Marion County would have to racially integrate with IPS.

In 1973, IPS having taken no significant steps towards desegregation, the district court asserted jurisdiction over the issue. Judge Dillin of the United States District Court for the Southern District of Indiana ordered a one-way busing system to force IPS and the township schools to integrate.

Courtesy of the Indiana Historical Society.

Many Indianapolis parents, both black and white, were nervous for this transition the preceding summer of the 1973 school year. Meridian-Kessler, located on the north side of the downtown, had only recently become multi-racial at the time, and the neighborhood’s August/September newsletter carried a somewhat anxious tone. The front page read:

Uppermost in the minds of most Indy residents this fall is the unsettled school situation . . . There are three grade schools within our boundaries, and our children attend two nearby high schools. All of these schools will be involved in the desegregation plan eventually due to the changing racial balance in this area.

The city had reason to be nervous. Forced busing schemes in other cities like Detroit and Boston made headlines for the violence they incited. Indianapolis residents associated with the Ku Klux Klan became a common presence at anti-busing protest events. On the morning of September 27, 1971, Sgt. J. Adamson of the Indianapolis Police Department (IPD), was assigned to cover an anti-busing demonstration at the Indiana Statehouse. He identified “[a] group of approximately twenty (20) mixed men, women and male teenagers…under the name of ‘Americans for America’,” noting, “[t]his organization has strong Klan affiliation.” Three days later, September 30, 1971, the IPD deployed their Special Investigation unit to cover another meeting: The Citizens Against Busing at the Indianapolis Baptist Temple. Again, many involved were members of the KKK-affiliated group “Americans for America.” Meetings like these were not uncommon.

“Blacks Hurt in Boston Busing Protest,” Pittsburgh Post-Gazette, September 13, 1974, front page, accessed Newspapers.com.

In Indianapolis, the first buses of black students began commuting to white schools in 1973. Not all schools responded to the desegregation order immediately. Some townships, including Perry, Decatur, Franklin, and Lawrence only began accepting IPS students bused to their schools in 1981. That year, when her bus, coming from Indianapolis’s east side, pulled into Perry Meridian High School, LaTonya Kirkland was terrified. She “remembers a dozen of her white classmates approaching the bus, their hands slapping against the yellow metal side panels . . . the bus started to rock as the white students slammed against the bus” before throwing an egg at the window. Police had to escort her and her fellow black classmates into the school.

Perry Meridian High School was the site for many violent racial altercations. The burden of reversing segregation, a problem instigated by the white population, fell heavily on the shoulders of black teenagers. The letters “KKK” were found painted on the school building, and there were rumors of black students coming to school with weapons to protect themselves. Only one African American girl was actually caught with such a weapon. She was concealing a meat cleaver. The situation at Perry Meridian High School had escalated so much that in 1981 the FBI came to investigate.

The interconnected stories of redlining and the desegregation of IPS reveal a city deeply divided, struggling with issues of race and equality. In the end, busing briefly achieved what it was meant to do. The court order created schools which appeared racially balanced and integrated on paper, but were often still segregated and hostile. Indianapolis began to phase out forced busing in 1998, ending the court-ordered desegregation era with LaTonya Kirkland’s daughter LaShawn’s graduating class in the 2015-2016 school year.