20 Controversial Laws That Once Existed in the U.S.
From outlawing interracial love to banning Sunday shopping, America’s history is filled with bizarre, bold, and controversial laws that reveal the nation's ever-evolving battle over morality, power, and freedom.
- Alyana Aguja
- 6 min read
Over the course of American history, politicians have enacted contentious and sometimes appalling legislation that captures the evolving values, anxieties, and battles for power of the nation. From Prohibition to anti-miscegenation laws and loyalty oaths, these measures frequently hit vulnerable groups, restricted civil liberties, or imposed moral strictures — often with long-term effects. A tour through these legal curiosities presents a riveting window into how much the nation has progressed and how much it still needs to progress.
1. Prohibition (1920–1933)
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The manufacture, sale, and transportation of alcohol were outlawed by the 18th Amendment, giving rise to Prohibition. Far from decreasing crime and enhancing public morals, it created speakeasies, bootleggers, and violent organized crime networks such as that of Al Capone. It was later repealed by the 21st Amendment, the only constitutional amendment ever to be entirely repealed.
2. Comstock Laws (1873–1957)
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These national statutes prohibited the mailing of “obscene” material — everything from birth control to sex ed to even anatomy texts. Dubbed the Anthony Comstock Law, named for moral reformer Anthony Comstock, the statute made it a crime to send anything sexually suggestive by mail. It conflicted with freedom of expression and women’s rights to their bodies, and aspects were overturned in subsequent decades.
3. Alien and Sedition Acts (1798)
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These laws permitted the president to expel foreigners who were deemed dangerous and made it a crime to make “false” claims against the federal government. They were criticized by Thomas Jefferson for violating the First Amendment and suppressing political opposition. They either expired or were revoked soon after Jefferson became president.
4. Jim Crow Laws (Late 1800s–1965)
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A network of state and local regulations enforced racial segregation in the South. They excluded Black Americans from “white-only” schools, restaurants, buses, and bathrooms. These were reinforced by Plessy v. Ferguson in 1896 and only reversed through civil rights activism and the Civil Rights Act of 1964.
5. Indian Removal Act (1830)
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Signed into law by President Andrew Jackson, the act displaced Native American tribes from their homelands in the Southeast. It resulted in the Trail of Tears, in which thousands perished in forced removals. Although presented as a treaty proposal, it was universally decried as ethnic cleansing.
6. Chinese Exclusion Act (1882)
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This was the first major American law to prohibit immigration by race or nationality. It excluded Chinese workers, indicative of expanding xenophobia in the West, particularly in California. The legislation remained on the books for more than 60 years before its repeal in 1943.
7. Eugenics Sterilization Laws (Early 1900s–1970s)
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More than 60,000 individuals — poor, disabled, or institutionalized — were forcibly sterilized through state eugenics legislation. The legislation was intended to “improve” the population by keeping certain individuals from having children. The Supreme Court affirmed the practice in Buck v. Bell (1927), where Justice Holmes notoriously declared, “Three generations of imbeciles are enough.”
8. Red Flag Laws for Automobiles (Late 1800s–Early 1900s)
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Certain U.S. cities temporarily mandated that automobiles be preceded by a flag-waving person or a lantern-carrying individual. These regulations were intended to avoid accidents and safeguard horse-drawn carriage traffic. They soon became obsolete as automobiles became popular, but they indicate early opposition to automobiles.
9. Fugitive Slave Act (1850)
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This federal legislation compelled citizens and law enforcement in states that were free to aid in the capture of runaway slaves. It preempted state legislation and withheld any right to a jury trial from alleged fugitives. The act ignited abolitionist opposition and heightened tensions, culminating in the Civil War.
10. Don’t Ask, Don’t Tell (1994–2011)
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This policy excluded openly gay, lesbian, or bisexual members from military service while it also banned discrimination against closeted members. It was regarded as a compromise that eventually silenced queer soldiers. The policy was repealed in 2011, and open service became legal regardless of sexual orientation.
11. Blue Laws (Various Dates – Still in Some States)
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Most states prohibited activities such as the sale of alcohol, shopping, or even automobile sales on Sundays based on Christian observance of the Sabbath. These were criticized for placing religious values upon a secularized society. A few persist today, particularly for alcohol and car sales.
12. Miscegenation Laws (1600s–1967)
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These state statutes prohibited interracial marriage and sex, with particularly severe enforcement in the South. They were held unconstitutional in Loving v. Virginia (1967), a landmark civil rights case. Prior to that decision, some states had imprisoned or banished interracial couples.
13. Zoot Suit Bans (1940s)
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During WWII, “zoot suits,” extravagant clothing that Mexican American youths wore, were outlawed in Los Angeles and other cities. Law enforcement attributed violence to the gangs wearing them, leading to the racially charged 1943 Zoot Suit Riots. Bans focused on cultural identity and were viewed by most as discriminatory.
14. Anti-Mask Laws (1800s–present, selective enforcement)
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Originally enacted to suppress Ku Klux Klan activity, these laws prohibited face coverings in public. Ironically, they were subsequently used to arrest peaceful demonstrators and even costume wearers. During the COVID-19 pandemic, several states temporarily suspended them, reviving legal controversies.
15. Texas Sodomy Law (Struck down in 2003)
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This legislation made same-sex consensual sex a crime, enforced by Texas courts well into the 21st century. It was overturned by the Supreme Court in Lawrence v. Texas (2003), which held such legislation unconstitutional. Previously, they were employed to arrest or harass LGBTQ individuals.
16. Poll Taxes and Literacy Tests (Post-Reconstruction–1965)
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Although not laws per se, these voting restrictions were legally enforced in most Southern states. They systematically disenfranchised Black Americans and poor whites. The Voting Rights Act of 1965 finally prohibited such suppressive practices.
17. No-Fault Divorce Bans (Prior to 1969)
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Until California enacted the first no-fault divorce law in 1969, most states had laws that demanded evidence of fault, such as adultery or cruelty, to end a marriage legally. Divorce was thus hard, costly, and embarrassing. Religious and conservative factions were against no-fault legislation, as they believed it would undermine family values.
18. The Seduction Laws (1800s–early 1900s)
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A few states permitted women (or their fathers) to sue men who had seduced them on false promises, particularly if pregnancy was involved. These laws were intended to safeguard “virtue” but were frequently applied capriciously and paternalistically. Most were abolished by the mid-20th century.
19. Loyalty Oaths for Teachers and Public Employees (1940s–1950s)
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During the Red Scare, teachers and public officials in numerous states were forced to affirm that they were not Communists. Refusal to do so could result in firing or blacklisting. The courts later declared many of these oaths unconstitutional, but they fueled paranoia and stifled free speech.
20. Vagrancy Laws (Colonial Era–1970s)
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These statutes criminalized being unemployed, homeless, or even “wandering without visible means of support.” Police frequently used them to harass marginalized communities, particularly Black Americans, labor activists, and civil rights demonstrators. The Supreme Court started invalidating them as too vague in the 1960s and ’70s.