Mixed Race Studies

Jane Doe v. State of Louisiana (1985)

Justice Ward delivered the opinion of the Court.

This appeal is brought by several members of the Guillory family, children and grandchildren of Simea Fretty and Dominique Guillory, both deceased. Six of the appellants, Marie Bernice Guillory Rougeau, Armet Guillory Fontenot, Lucy Elizabeth Guillory Parker, Suzy Elizabeth Rita Guillory Phipps, Regina Rougeau, and Tex Adam Rougeau, contend that their birth certificates, issued between the years 1919 and 1941, erroneously designate their parents as “colored”, when in fact they were white. These appellants seek a mandamus that would compel the Louisiana Department of Health and Human Resources to correct the alleged error. Two of the appellants, Theresa Guillory Rougeau and Mildred Rougeau, were never issued birth certificates. They seek a mandamus compelling the state to issue delayed birth certificates designating their parents as white. The Trial Court found that the evidence presented by appellants was insufficient to justify a mandamus.

As an alternative to their suit for mandamus, appellants challenged the constitutionality of former La. R.S. 42:267 which provided that a person having one-thirty second or less of Negro blood shall not be described or designated as “colored” by any state official. The Trial Court rejected the constitutional challenge solely on the grounds that 42:267 was held constitutional in State ex rel. Plaia v. Louisiana State Board of Health (1974).

We affirm the Trial Court judgment…

…As to the six appellants who presently have birth certificates, we find that they failed to prove by a preponderance of the evidence that their parents’ racial designations are incorrect. Expert testimony indicated that the very concept of the racial classification of individuals, as opposed to that of a group, is scientifically insupportable. Individual racial designations are purely social and cultural perceptions, and the evidence conclusively proves those subjective perceptions were correctly recorded at the time appellants’ birth certificates were issued. There is no proof in the record that Simea or Dominique Guillory preferred to be designated as white. They might well have been proud to be described as colored. Indeed, we have no evidence that during their lifetimes they objected to the racial designations in dispute in this case. Accordingly, we hold that the defendant state officers have no legal duty to alter the birth certificates…

Read the entire opinion here.

For Affirmative Action, Brazil Sets Up Controversial Boards To Determine Race

Parallels: Many Stories, One World
National Public Radio
2016-09-29

Lulu Garcia-Navarro, South America Correspondent

When the test scores came out, Lucas Siqueira, 27, was really excited. His high mark on the Foreign Service exam earned him a coveted position at Brazil’s highly competitive Ministry of Foreign Affairs.

“They hire 30 diplomats a year and thousands of people sign up,” he says in fluent English from his home in Brasilia, the capital.

It was, he says, a great day.

Siqueira considers himself to be mixed race, known in Brazil as pardo, or brown.

“I consider myself to be a very typical Brazilian and I’ve always been very proud of it. In my dad’s family, my grandfather is black, my grandmother has Indian and white roots. And on my mother’s side they are mostly white, mostly Portuguese,” he said.

How he defines himself matters because he was required to self-identify on his application. In 2014, the government introduced a quota system for federal jobs. The affirmative action regulations require that 20 percent of all government positions be filled by people of color — either black or mixed race.

Lucas Siqueira identified himself as mixed race on his application for a job at Brazil’s Ministry of Foreign Affairs. The government decided he wasn’t, and his case is still on hold. As part of the affirmative action program in Brazil, state governments have now set up boards to racially classify job applicants. Courtesy of Lucas Siqueira

The problem came once the announcement of the appointments was made public…

…Wide disparities

The legacy of the period can still be felt today. Even though the majority of the population is of African descent, only 5 percent of Afro-Brazilians were in higher education as recently as 10 years ago. Because of affirmative action, that number is now 15 percent. Vaz says these are hard won gains, but there is a long way to go.

“Only 5 percent of executives are black in Brazil, politicians, diplomats, all things, so the black people don’t access the space of power in my country. This is the real issue we have,” he says.

In the U.S., race is still largely determined by parentage because of the history of the “one drop rule,” where white institutions historically deemed a person black if they had even one drop of black blood.

In Brazil, he says, the criteria is different. Skin tone matters more than race, because so much of the population is mixed…

Read the entire story here. Download the story here.

Virginia’s Indian tribes clear another hurdle toward federal recognition

The Washington Post
2016-09-15

Jenna Portnoy, Reporter

A House committee has advanced a bill that would give federal recognition to six Indian tribes in Virginia, bringing them one step closer to the end of a multi-year fight for acknowledgment of their place in the nation’s history.

Legislation granting federal recognition of the Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock, Monacan and Nansemond tribes can now go to a full vote in the House and Senate, where it has stalled in the past.

The House Natural Resources Committee voted 23 to 13 last week to recognize the Virginia tribes as part of a package of bills that, if successful, will give Congress the ultimate authority to recognize tribes. The executive and judicial branches currently hold that authority…

There are more than 500 federally recognized Indian tribes, and many had to navigate an expensive and time-consuming administrative process through the U.S. Bureau of Indian Affairs.

Federal recognition confers certain benefits on tribes; they become eligible for housing, education and health-care funding. Indian tribes need to meet several criteria and must rely on historical documentation…

Read the entire article here.

“If You Is White, You’s Alright. . . .” Stories About Colorism in America

Washington University Global Studies Law Review
Volume 14, Issue 4: Global Perspectives on Colorism (Symposium Edition) (2015)
pages 585-607

Kimberly Jade Norwood, Henry H. Oberschelp Professor of Law; Professor of African & African American Studies
Washington University School of Law, St. Louis, Missouri

Colorism, a term believed to be first coined in 1982 by Pulitzer Prize winner Alice Walker, was defined by her to mean the “prejudicial or preferential treatment of same-race people based solely on their color.” It is not racism although there is a clear relationship. A clear example of racism would involve a business that refuses to hire black people. Colorism would not preclude the hiring of a black person, but there would be a preference for a black person with a lighter skin tone than a darker skinned person. From this example one can see too that colorism can not only occur within same-raced peoples but also across races. Colorism also is often gendered. Because of its unique relationship to who and what is beautiful, it has a tendency, although not exclusively, to affect and infect women more than men.

Although my first experience with colorism occurred very early in life, it never went away or otherwise resolved itself. Rather, it grew with me. And in many ways, I grew to understand that the color hierarchy was simply the way of the world. I would eventually marry and have children of my own. And through those children, I would again see colorism grow and sting. I knew that, some day, one day when I had time, I would spend time discussing, highlighting and helping to eradicate colorism. This paper offers some of my experiences with colorism and my continued growth in understanding its complexities.

Read the entire article here.

Japan’s Under-Researched Visible Minorities: Applying Critical Race Theory to Racialization Dynamics in a Non-White Society

Washington University Global Studies Law Review
Volume 14, Issue 4: Global Perspectives on Colorism (Symposium Edition) (2015)
pages 695-723

Debito Arudou

Critical Race Theory (CRT), an analytical framework grounded in American legal academia, uncovers power relationships between a racialized enfranchised majority and a disenfranchised minority. Although applied primarily to countries and societies with Caucasian majorities to analyze White Privilege this Article applies CRT to Japan, a non-White majority society. After discussing how scholarship on Japan has hitherto ignored a fundamental factor within racialization studies—the effects of skin color on the concept of “Japaneseness”—this Article examines an example of published research on the Post-WWII “konketsuji problem.” This research finds blind spots in the analysis, and re-examines it through CRT to uncover more nuanced power dynamics. This exercise attempts to illustrate the universality of nation-state racialization processes, and advocates the expansion of Whiteness Studies beyond Caucasian-majority societies into worldwide Colorism dynamics in general.

Read the entire article here.

Justine Jane M. Bolin (First Negro woman judge in the U.S.A.)

The Crisis
Volume 49, Number 9 (September 1939)

THE COVER

Miss Jane M. Bolin became on July 22 the first colored woman Judge in the United States when Mayor Fiorello H. LaGuardia appointed her and swore her in as a justice of the Court of Domestic Relations of the City of New York. The appointment is for ten years and the salary is $12,000 a year.

Miss Bolin, who in private life is the wife of Ralph E. Mizelle, Washington, D.C., attorney, is a graduate of Wellesley College and Yale law school. She was born in Poughkeepsie, N.Y., the daughter of Gaius C. Bolin, an attorney who for many years was president of the Poughkeepsie branch of the N.A.A.C.P. Following her graduation from Yale law school, Miss Bolin was admitted to practice in New York in 1932. In 1937 she was named an assistant corporate counsel and assigned to the Court of Domestic Relations. The retirement of another justice who had reached the age limit created an opening which Mayor LaGuardia filled by appointing Miss Bolin.

Alabama’s Anti-Miscegenation Statutes

Alabama Review
Volume 68, Number 4, October 2015
pages 345-365
DOI: 10.1353/ala.2015.0033

Jeremy W. Richter, Associate
Webster, Henry, Lyons, Bradwell, Cohan & Speagle, P.C., Attorneys and Counselors at Law, Birmingham, Alabama

In the immediate aftermath of the civil war and, more specifically, the ratification of the Fourteenth Amendment, various southern states began passing laws to preserve a now-fragile social structure. Beginning with President Lincoln’s Emancipation Proclamation of January 1, 1863, which liberated all slaves residing in rebel states or territories, the southern states’ social ecology had begun to unravel, and southern whites faced a situation in which the black Americans once deemed property were now citizens—equal in the eyes of the law.

Nevertheless, white citizens sought to maintain control over their black counterparts. In an effort to preserve their society, southern states in 1865 began to pass a series of laws, which varied by state and collectively became known as Black Codes. These laws were designed to exploit and control former slaves. For example, freedmen (as freed black citizens became known) who were arrested for vagrancy could be contracted out for labor; freedmen were, in some states, not allowed to raise their own crops and were precluded from entering towns without permission. Most significantly perhaps, the Black Codes enacted offenses containing differing penalties for black versus white citizens. These racially-discriminatory penalties were later outlawed upon the ratification of the Fourteenth Amendment and the enactment of the Reconstruction Acts.

Two centuries of slavery had, prior to 1865, created a caste system which maintained, at least officially, the distinction between white and black. With that barrier removed and the federal government attempting to institute legal racial equality, of primary concern to many was the preservation of the purity of the white race. In response, many states throughout the United States, largely regardless of geography, passed laws prohibiting the intermarriage of white and black citizens. In 1967, the Supreme Court of the United States held in Loving v. Virginia that laws prohibiting interracial marriage were unconstitutional, and as such any such existing laws were overturned. At the time of the Loving v. Virginia decision, sixteen states still had anti-miscegenation laws in effect: Delaware, Virginia, Georgia, South Carolina, North Carolina, Kentucky, Tennessee, Louisiana, Mississippi, Alabama, Missouri, Arkansas, Texas, Florida, West Virginia, and Oklahoma.

The State of Alabama enacted its first anti-miscegenation law in the Penal Code of 1866:

If any white person and any negro, or the descendant of any negro, to the third generation inclusive, though one ancestor of each generation was a white person, intermarry, or live in adultery or fornication with each other, each of them must, on conviction, be imprisoned in the penitentiary, or sentenced to hard labor for the county, for not less than two, nor more than seven years.

The Alabama legislature reinforced this statute in new penal codes that were enacted in 1867 (§ 3602), 1876 (§ 4189), 1886 (§ 4018), and 1896 (§ 5096). In 1901, Alabama drafted a new state constitution, wherein the anti-miscegenation statute was made a part of the state constitution: “The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro.” The final revisions to Alabama’s anti-miscegenation law were adopted in the Code of Alabama of 1940, which stated: “If any white person and any negro, or the descendant of any negro intermarry, or live in adultery or fornication with each other, each of them shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than seven years.”

Judicial Application of Anti-Miscegenation Laws in Alabama: Setting Precedent, 1868–1881

In addition to a law disallowing marriage between whites and blacks, the Alabama Penal Code of 1866 adopted laws governing adultery. Where Alabama Code § 3598 outlined the repercussions of adultery offenses generally, Alabama Code § 3602 specifically addressed the penalties for adultery between white and black persons:

If any white person or negro, or the descendant of any negro, to the third generation inclusive, though one ancestor of each generation was a white person, intermarry or live in adultery with each other, each of them must, on conviction, be imprisoned in the penitentiary, or sentenced to hard labor for the…

Banished from the tribe

Inter-County Leader/Washburn County Register
Cooperative-Owned Newspapers Serving Northwest Wisconsin
2016-07-25

Ed Emerson

Gary King

WEBSTER – Tony Ammann is the grandson of former longtime St. Croix Chippewa chief and traditional “midewiwin” spiritual leader Archie Mosay. His mother, Archie’s daughter, has Department of Interior papers certifying her blood quantum requirement to be a member of the tribe. Despite Ammann’s lineage and heritage, the St. Croix Chippewa Tribal Council is actively seeking to banish him from the tribe.

Ammann says the attempt at disenrollment is an old vendetta that underlines the need for reform and greater accountability within tribal governance.

Soon after taking office more than one year ago, the newly elected tribal council began a process to disenroll as many as 16 tribal members. Five of them have legally challenged the action, and a tribal judicial hearing on the matter is scheduled for Wednesday, July 20.

Ammann says many of the others are reluctant to speak out, fearing reprisal or loss of employment. The tribe at one of its casinos employs Ammann. Ammann’s sister, Brooke, is also a plaintiff challenging the disenrollment action.

The St. Croix Chippewa have 1,054 members residing on eight separate enclaves scattered throughout multiple counties. The tribe is the largest employer in Burnett County. It operates casinos at its tribal headquarters in Hertel and in Turtle Lake and Danbury. Annual revenue is said to be in excess of $100 million.

Tribal elders receive per capita payments of approximately $10,000 per year – other members approximately $4,800 per year. Banishment would mean losing that payment and all hunting and fishing rights. The St. Croix Chippewa maintain a blood quantum requirement of 50 percent. It is one of fewer than 10 of 562 federally recognized tribes in the United States to retain such a stringent standard…

Read the entire article here.

Early black lawyer, wife endured bigotry

Minneapolis Star-Tribune
2016-02-13

Curt Brown

Nellie and William Francis were doing so well in 1924 they decided to move four miles southwest in St. Paul — leaving their Rondo neighborhood for a house in the Groveland Park area near the Mississippi River.

The 1920 census listed the couple, married for 27 years, as “Mu” for mulatto. Skin color hadn’t deterred William Francis from becoming “prominent in religious, political, social and fraternal circles,” according to the Twin City Star newspaper.

He was a railroad lawyer and she was a suffragette and civic activist. But when they moved into their house at 2092 Sargent Av., just east of Cretin Avenue, their race would render them “direct victims of virulent racial hatred,” according to former law school dean Douglas Heidenreich’s 2000 article in William Mitchell magazine.

Nellie Griswold was born in 1874 in Nashville, but moved north in time to graduate from St. Paul Central High School in the 1890s and become president of the Minnesota State Federation of Colored Women in the early 20th Century.

As leader of the Everywoman Suffrage Club, she helped women earn the right to vote in 1920. The next year, she was credited with writing the state anti-lynching bill that allowed survivors to collect $7,500 in damages, nearly $100,000 in today’s dollars. The legislation — spawned by the 1920 lynching of three black circus workers in Duluth — also punished neglectful police who allowed lynchings under their watch. They could be fired for malfeasance.

In 1893, Nellie married William Francis — an Indiana native five years her senior. At 19, he had moved to Minnesota, where he graduated in 1904 from St. Paul College of Law (now Mitchell Hamline School of Law)…

Read the entire article here.

Mayor de Blasio says his ‘exemplary’ son Dante follows the law, but fears police brutality: ‘Black Lives Matter as an idea is so important’

The New York Daily News
2016-07-15

Jennifer Fermino, City Hall Bureau Chief

Mayor de Blasio said he finds it “intolerable” when protesters lodge “vile” insults at cops, but also defended the Black Lives Matter movement as “necessary.” (KEN MURRAY/NEW YORK DAILY NEWS)

Dante de Blasio is an “exemplary” teen who never gets in trouble – but even he is scared of being a victim of police violence, Mayor de Blasio said on Friday.

The mayor, speaking about race matters on the Brian Lehrer show on WNYC, spoke openly about his son after an African-American Queens grandmother called in to complain that she was afraid “racist” cops would hurt her teenaged grandsons.

His comments immediately touched a nerve with the Police Benevolent Association, who blasted him for not vigoriously defending the NYPD against the woman’s charges…

Read the entire article here.