Multiracial Malaise: Multiracial as a Legal Racial Category

Posted in Articles, Census/Demographics, Law, Media Archive, Social Science, United States on 2019-05-27 01:58Z by Steven

Multiracial Malaise: Multiracial as a Legal Racial Category

Fordham Law Review
Volume 86, Issue 6 (2018)
pages 2783-2793

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence
University of Maryland Francis King Carey School of Law

The focus of this Article is the underlying assumption of the Brookings Institution report that multiracial individuals constitute a separate racial category. My discussion of legal racial categories focuses only on government “racial” definitions. Multiracial individuals should enjoy the freedom to self-identify as they wish—and, like others, be afforded the protections of anti discrimination law. The question is whether a separate legal racial category is needed to provide that protection. Race in this country has been “crafted from the point of view of [white] race protection” protecting the interests of white Americans from usurpation by non whites and, unless the creation of a separate multiracial legal category advances this goal, change will be resisted. Commentaries grounded in Fourteenth Amendment Equal Protection Clause and federal statutory anti-discrimination jurisprudence shape the construction of racial categories in U.S. law. This jurisprudence influences the racial categories and definitions used for the census. The next Part briefly discusses the attempt to get a multiracial category on the U.S. census.

[R]ace is at once an empty category and a powerful instrument. —Melissa Nobles1

Racism is about race: more races can lead . . . to changes in the way racism is presented, and ultimately to more, rather than less, racism. —Paulette M. Caldwell2

INTRODUCTION

The fiftieth anniversary of Loving v. Virginia,3 which struck down Virginia’s antimiscegenation statute, provides an opportunity to reflect on Loving’s impact. A 2017 Pew Research Center analysis of U.S. Census Bureau data found that interracial marriages constitute 17 percent of all marriages,4 which represents an increase of 14 percent since the U.S. Supreme Court decided Loving in 1967.5 One byproduct of the increase in interracial marriages is the growing number and prominence of multiracial children. For example, a July 2017 Brookings Institution report characterizes Barack Obama, born six years before Loving, as the person who gave growing “prominence” to the emergence of multiracial people in America.6

Increasingly, there is interest in the offspring of interracial unions and how they compare to monoracial individuals. The Brookings Institution, for example, reported that “there is no test score gap between white and multiracial high school students.”7 The report seems to define “multiracial” very narrowly as people with parents from different racialized groups.8 Yet the multiracial population in the United States is not a new phenomenon. By limiting multiracial “to first-generation children of interracial couples,”9 as others have, the report fails to acknowledge older and larger generations whose genealogical mixture is more distant. Many of the people within this older multiracial population are racially classified by government and custom as black or African American, and they constitute “around 40 [percent] of the total population.”10 In contrast, according to the 2000 census, firstgeneration multiracial individuals (including those with remote African ancestry) make up roughly 2 percent of the total population and are more likely to be seen as multiracial.11

Proponents of a multiracial legal category complain that multiracial individuals are harmed by not being recognized under law as multiracial. Specifically, they argue that the law neither recognizes their personal identity nor protects their right to self-identify racially and to have that identity accepted.12 Despite the long history of multiracial people in the United States, Fourteenth Amendment equal protection constitutional jurisprudence, statutory antidiscrimination laws, and the census do not formally recognize a separate multiracial category. Thus, the question is whether legal recognition is needed to remedy race-based discrimination experienced by multiracial individuals.13

Historically, courts grappling with racial-identity questions looked at three factors, phenotypical characteristics, ancestry, and racial reputation in the community, to resolve the issue.14 The courts relied on a binary classification system of white and nonwhite; the underlying issue in these cases being whether one party had any nonwhite ancestry. Thus, until recently, Barack Obama, despite his white mother, would be classified racially as black, since twentieth-century notions of race held that any known African ancestry made one black.15

Admittedly, since Loving, conventional notions of race in the United States have “destabilized” as a result of “increases in immigration, intermarriage, and cross-racial adoptions.”16 Reflecting the era of racial self-identification,17 racial categories are more fluid in the twenty-first century, even for people who, historically, racially classified as black. These attitudinal changes are reflected in a 2007 Pew Research Center finding that “[n]early four-in-ten African Americans (37%) say that blacks can no longer be thought of as a single race” because of increasing diversity within that community.18

Conventional blackness, where one is “black” if one’s African ancestry is visible or known,19 is on the wane. As critical race theory legal scholar Neil Gotanda posits, race—particularly the racial category “black”—while a consistent and constant “social divider,” is not a “stable, coherent legal and social concept.”20 Today, people with some African ancestry may move away from blackness and, in some respects, the legal multiracial category movement is an example.21

The focus of this Article is the underlying assumption of the Brookings Institution report that multiracial individuals constitute a separate racial category. My discussion of legal racial categories focuses only on government “racial” definitions. Multiracial individuals should enjoy the freedom to self-identify as they wish—and, like others, be afforded the protections of antidiscrimination law. The question is whether a separate legal racial category is needed to provide that protection. Race in this country has been “crafted from the point of view of [white] race protection”22— protecting the interests of white Americans from usurpation by nonwhites and, unless the creation of a separate multiracial legal category advances this goal, change will be resisted.

Commentaries grounded in Fourteenth Amendment Equal Protection Clause and federal statutory antidiscrimination jurisprudence shape the construction of racial categories in U.S. law. This jurisprudence influences the racial categories and definitions used for the census. The next Part briefly discusses the attempt to get a multiracial category on the U.S. census…

Read the entire article here.

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I’m Darker Than My Daughter. Here’s Why It Matters.

Posted in Articles, Family/Parenting, Latino Studies, Media Archive, United States on 2019-05-25 02:31Z by Steven

I’m Darker Than My Daughter. Here’s Why It Matters.

NYT Parenting
The New York Times
2019-05-21

Norma Newton

Norma Newton and her daughter at their home in Los Angeles.
Norma Newton and her daughter at their home in Los Angeles.
Carolina Adame

Breaching colorism with my little girl sent me reeling back into my childhood shame.

Our bedtime routine that night started off like so many others, harried but mostly sweet. After making our way through brushing teeth and getting into pajamas, my daughter and I lay down on her bedroom floor to sing songs, the final step before crawling into bed.

When I tried to curl up next to my 4-year-old, though, I sensed her hesitation. She wiggled her little body away from mine each time I inched closer. “Do you not want mommy close to you, sweetie?” I asked, assuming she was initiating a game to extend our nighttime ritual. Her light-brown eyes locked in on me as she brushed her honey-colored locks aside with her hand.

In a casual on-the-edge-of-sleep voice she cooed, “Your skin is dark. I don’t want you to touch me.”

My brown Indigenous Latina body stiffened; I labored to breathe, outraged and confused. She rendered me speechless…

Read the entire article here.

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Three Things the Jewish Community Can Do Better, According to a Mixed-Race Jewish Professional

Posted in Articles, Canada, Interviews, Judaism, Media Archive, Passing, Religion on 2019-05-24 20:42Z by Steven

Three Things the Jewish Community Can Do Better, According to a Mixed-Race Jewish Professional

My Jewish Learning
2018-05-23

Ruth Abusch-Magder, Education Director and Rabbi-in-Residence
Be’chol Lashon


Tema Smith

Tema Smith’s own experiences as a mixed race person shape her vision as a Jewish professional.

Tema Smith is often mistaken for white, but this mixed-race Jew is proud of both her Bahamian and Ashkenazi roots. She is also one of a growing number of Jews of color who are making careers in the Jewish world. We met up with Smith to learn about her professional life and personal experience and to hear what advice she has for Jewish institutions.

Be’chol Lashon: Tell us about your job.

Smith: I am the Director of Community Engagement at Holy Blossom Temple in Toronto, Canada’s largest Reform congregation. Not only do I ensure that the basics of synagogue life, like becoming a member and connecting with the community, are smooth, but it is also my responsibility to keep the door wide open for prospective members. It also includes creating partnerships in the community and making connections more broadly…

…Be’chol Lashon: Does being mixed-race play into the work you do at Holy Blossom?

Smith: Being mixed-race has always given me a broader perspective on the work I do. I came into this work as someone who had only been an observer, and not as someone who grew up in the Jewish community, which has made me attuned to the experiences of those who are new to the community. As I mentioned before, the fact that we were not part of Toronto’s Jewish community had a lot to do with our family’s racial makeup. This makes me especially aware of the barriers to participation that people face and pushes me to work harder on inclusion, which is what we need to do to ensure the Jewish future as the demographics shift and we become more multicultural and multiracial. I find that my position as both an insider and outsider to Jewish life lets people open up to me. I am upfront about my identity, coming from both an interfaith and an interracial family. Because of that, I’ve noticed that it is not uncommon for people to share information about their lives that they are not sure the synagogue would welcome knowing, like their own faith journey or lack of observance.

Additionally, because I pass as a white Jew, I am able to walk into communal spaces and challenge some of the assumptions of who the Jewish community insiders are. My very existence often breaks down stereotypes of who we imagine to be a committed or engaged Jew…

Read the entire interview here.

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The Seeker of Stories

Posted in Articles, Autobiography, Latino Studies, Media Archive, United States on 2019-05-24 20:15Z by Steven

The Seeker of Stories

Christina Torres: Teacher. Runner. Writer.
2019-05-23

Christina Torres, Teacher
Punahou School, Honolulu, Hawai‘i

“So… what are you? Like, where are you from?”

Like many mixed-race and/or “ethnically ambiguous” people, I’ve spent quite a bit of time explaining myself. I grew up in a mostly white suburb in Southern California, I’ve spent a lot of my time (and writing) trying to explain who I am (my dad is Chicano and my mom is Filipina. My brother and I call it “Mexipino/a”).

Being mixed-race in the U.S. was and is confusing at times. In a society desperately trying to slip an easily-read label, we struggle to fit that narrative. We get told we’re “not-_______ enough,” or not really _______ , as if our mixed status means there’s a quantifiable amount of culture we’ll never be able to maintain.

And, like it did for a lot of mixed race folks, those words hurt. A lot. They made me question myself and my identity, they made me feel less than to my community in a world that already looked at Brown people as less than. Yes, my parents helped me try to navigate these waters and helped me be proud of both cultures, but it was hard when people I thought would get me still made me feel alone. It made me feel as if I had nowhere to go…

Read the entire article here.

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A Century of Times Dance Photos, Through the Lens of Misty Copeland

Posted in Articles, Arts, Communications/Media Studies, Media Archive, United States on 2019-05-22 22:43Z by Steven

A Century of Times Dance Photos, Through the Lens of Misty Copeland

The New York Times
2019-04-13

Remy Tumin


The ballerina Misty Copeland reviewing photographs for the Past Tense: Dance section in The New York Times’s building. Karen Hanley/The New York Times

Ms. Copeland, the American Ballet Theater’s first black principal ballerina, served as guest editor for a special section on dance photography.

Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.

There’s one photograph from The New York Times archives that stands out to Misty Copeland. It’s a black-and-white image of a group of young ballerinas, boys and girls, their dark skin accented by bright tights and tutus.

“They look so uncomfortable,” Ms. Copeland said in a recent interview. “In ballet, we’ve never been told there was a place for us to fit in. You can see that within this image.”

The “tension and awkwardness” that Ms. Copeland said she saw in the photo is familiar to her. She was the American Ballet Theater’s first black female principal dancer. Last month, when she visited The Times to serve as a guest editor of a special print section featuring dance images from our archives, she saw those threads throughout dance history.

The section is the latest from Past Tense, which highlights stories and photographs from The Times’s archives. Veronica Chambers, who leads the team, said that of the six million photos in the archives, at least 5,000 are dance-related. A dedicated section was a natural fit, as was the choice of Ms. Copeland as its guest editor, Ms. Chambers said…

Read the entire article here.

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The Secret Album reveals how a powerful truth changed a family forever

Posted in Articles, Arts, Biography, History, Louisiana, Media Archive, Passing, United States, Videos on 2019-05-22 21:03Z by Steven

The Secret Album reveals how a powerful truth changed a family forever

The Garage
HP (Hewlett-Packard)
2019-05-02

Patrick Rodgers

A novelist learns about her mother’s long-held secret by search for what’s missing from her family photo albums.

The Secret Album is part of HP’s original documentary project, History of Memory, which celebrates the power of printed photos.

We treasure family photos not only because they illuminate the past, but also because they can offer up an alternative narrative to the stories we tell — and retell — about our identities.

This is true for author Gail Lukasik, who was just as captivated by what was left out of her parents’ snapshots as by the faces and stories they portrayed. Growing up in suburban Ohio, Lukasik puzzled over why there were so few pictures of her mother’s side of the family. In the stack of family photo albums, there were only a handful of black-and-white prints of relatives from New Orleans, where her mother, Alvera (Frederic) Kalina, had lived in the 1920s, 1930s and 1940s. “I felt very close to my mother, but she had a certain mystery,” she says. “When I used to ask her about that she’d say, ‘Oh I just don’t have any,’ which I thought was strange.” Her mother’s guardedness about her own family’s origins were yet another layer to their already complex relationship…

…It took Lukasik two years to confront her mother, and the encounter didn’t go well. “I had never seen her so afraid,” says Lukasik, who tells the story in her memoir, White Like Her: My Family’s Story of Race and Racial Passing. “She said, ‘Promise me you won’t tell anyone until after I die.’”…

Read the entire article and watch the video here.

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“You’re Neither One Thing (N)or The Other”: Nella Larsen, Philip Roth, and The Passing Trope

Posted in Articles, Literary/Artistic Criticism, Media Archive, Passing, United States on 2019-05-22 17:53Z by Steven

“You’re Neither One Thing (N)or The Other”: Nella Larsen, Philip Roth, and The Passing Trope

Philip Roth Studies
Volume 8, Number 1, Spring 2012
pages 45-61

Donavan L. Ramon, Assistant Professor of Liberal Studies
Kentucky State University

Philip Roth has historically been situated in a male literary tradition, with critics assessing him alongside Saul Bellow, Bernard Malamud, and more recently, Charles Chesnutt and Ralph Ellison. Because of his problematic portrayals of women characters, Roth is not often discussed alongside women writers. My paper goes beyond this by situating Roth alongside a black woman writer, Nella Larsen. In fact, Larsen’s Passing (1929) and Roth’s The Human Stain (2000) share several thematic and structural similarities, such as the tropes of belated race learning, double consciousness, anonymous letter writing, taboo sexualities, and ambiguous deaths. My essay argues that these tropes underlie passing narratives and reveal the development of twentieth century passing texts.

Read or purchase the article here.

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University of California, Santa Barbara (UCSB) Special Research Collection

Posted in Articles, History, Media Archive, Politics/Public Policy, Social Science, Teaching Resources, United States on 2019-05-22 17:22Z by Steven

University of California, Santa Barbara (UCSB) Special Research Collection

UC Santa Barbara Library
University of California, Santa Barbara
May 2019

G. Reginald Daniel, Professor of Sociology
University of California, Santa Barbara

G. Reginald Daniel, UCSB Professor of Sociology and member of the Advisory Board of MASC (Multiracial Americans of Southern California), and Paul Spickard, UCSB Professor of History, in coordination with Danelle Moon, Head of UCSB Library Special Research Collection, have been collecting primary documents from support and educational organizations involved in the multiracial movement, particularly from the late 1970s through the early 2000s. This period was the height of discussions surrounding changes in official data collection on race, as in the census, to make it possible for multiracial individuals to identify as such…

Read the entire release here.

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Being black in Nazi Germany

Posted in Articles, Arts, Europe, History, Media Archive on 2019-05-22 00:29Z by Steven

Being black in Nazi Germany

BBC News
2019-05-21

Damian Zane

A slide used on lectures on genetics at the State Academy for Race and Health in Dresden, Germany, 1936. Original caption: "Mulatte child of a German woman and a Negro of the French Rhineland garrison troops, among her German classmates
This photo was used in genetics lectures at Germany’s State Academy for Race and Health Library of Congress

Film director Amma Asante came across an old photograph taken in Nazi Germany of a black schoolgirl by chance.

Standing among her white classmates, who stare straight into the camera, she enigmatically glances to the side.

Curiosity about the photograph – who the girl was and what she was doing in Germany – set the award-winning film-maker off on a path that led to Where Hands Touch, a new movie starring Amandla Stenberg and George MacKay.

It is an imagined account of a mixed-race teenager’s clandestine relationship with a Hitler Youth member, but it is based on historical record…

Racist caricatures

The derogatory term “Rhineland bastards” was coined in the 1920s to refer to the 600-800 mixed-race children who were the result of those relationships.

Newspaper cutting in the Frankfurter Volksblatt says "600 Bastards Accused, the legacy of black crimes against the Rhinelanders"
The 1936 headline in the Frankfurter Volksblatt says: “600 Bastards Accused, the legacy of black crimes against the Rhinelanders” Robbie Aitken

The term spoke to some people’s imagined fears of an impure race. Made-up stories and racist caricatures of sexually predatory African soldiers were circulated at the time, fuelling concern…

Read the entire article here.

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The Disturbing Resilience of Scientific Racism

Posted in Articles, Health/Medicine/Genetics, History, Media Archive, Politics/Public Policy on 2019-05-21 16:03Z by Steven

The Disturbing Resilience of Scientific Racism

Smithsonian.com
2019-05-20

Ramin Skibba


Nazi officials use calipers to measure an ethnic German’s nose on January 1, 1941. The Nazis developed a pseudoscientific system of facial measurement that was supposedly a way of determining racial descent. (Hulton-Deutsch Collection / CORBIS / Corbis via Getty Images)

A new book explores how racist biases continue to maintain a foothold in research today

Scientists, including those who study race, like to see themselves as objectively exploring the world, above the political fray. But such views of scientific neutrality are naive, as study findings, inevitably, are influenced by the biases of the people conducting the work.

The American sociologist W. E. B. Du Bois once wrote, “The problem of the twentieth century is the problem of the color line.” His words were borne out, in part, by science. It was the century when the scientifically backed enterprise of eugenics—improving the genetic quality of white, European races by removing people deemed inferior—gained massive popularity, with advocates on both sides of the Atlantic. It would take the Holocaust to show the world the logical endpoint of such horrific ideology, discrediting much race-based science and forcing eugenics’ most hardline adherents into the shadows.

The post-war era saw scientists on the right-wing fringe find ways to cloak their racist views in more palatable language and concepts. And as Angela Saini convincingly argues in her new book, Superior: The Return of Race Science, published May 21 by Beacon Press, the “problem of the color line” still survives today in 21st-century science.

In her thoroughly researched book, Saini, a London-based science journalist, provides clear explanations of racist concepts while diving into the history of race science, from archaeology and anthropology to biology and genetics. Her work involved poring through technical papers, reports and books, and interviewing numerous scientists across various fields, sometimes asking uncomfortable questions about their research…

Read the entire article here.

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