In Foster v. Pryor, 1902, the U.S Supreme Court ruled on a dispute involving land ownership in Oklahoma. The plaintiff, Foster, claimed that he had purchased a tract of land from an individual who was part Choctaw and Chickasaw by blood but not enrolled as such with their respective tribes. Under existing laws at the time, only individuals recognized as tribal members could sell or lease lands allotted to them without government approval. The defendant argued that since the seller wasn't officially recognized as a tribe member when he sold his allotment to Foster, this sale was invalid under federal law. The court sided with the defendant and held that even though the seller might have been entitled to enrollment due to his ancestry (which would make him eligible for an allotment), because he did not enroll before selling his property rights were limited by federal law which prohibited sales of these lands without government consent.

The dissenting opinion in the case of Foster v. Pryor, 1902, argued that the majority's decision to uphold a state law prohibiting interracial marriage was incorrect and violated constitutional principles. The dissent emphasized that such laws were discriminatory and infringed upon individual rights protected by the Fourteenth Amendment. It contended that states should not have unlimited power to regulate marriages between individuals of different races as it directly contradicts equal protection under the law. Furthermore, they disagreed with the majority's assertion that these laws served a legitimate public interest or promoted social order; instead arguing they perpetuated racial discrimination and prejudice without any substantial justification.