Mixed Race Studies

Former Oklahoma City police officer Daniel Holtzclaw found guilty of rape

Cable News Network (CNN)
2015-12-10

Michael Martinez, Newsdesk Editor & Writer

Gigi Mann

(CNN) A jury found former Oklahoma City police officer Daniel Holtzclaw guilty Thursday of some of the most serious charges against him, including sexual battery, forcible oral sodomy and rape.

Holtzclaw faced 36 counts. He was found guilty on 18.

The former officer cried openly in the courtroom and rocked in his chair as the verdict was being read. Jurors deliberated for more than 40 hours over four days.

The Oklahoma City Police Department welcomed the verdict. “We are satisfied with the jury’s decision and firmly believe justice was served,” it said.

Sentencing is set for next month.

His trial touched upon the explosive intersection of race, policing and justice in America.

Holtzclaw, whose father is white and mother Japanese, was accused of assaulting or raping 13 women, all black, while he was on the job. Court records identify his race as “Asian or Pacific Islander.”

The jury was all-white, composed of eight men and four women…

Read the entire article here.

Black Lives Matter in the Dominican Republic

teleSUR
2015-08-11

Auset Marian Lewis

Racial profiling is not just happening in the U.S., Haitians in the Dominican Republic suffer the same discrimination.

“Black lives matter” is a resounding cry heard around the world. The UN Working Group of Experts of People of African Descent said as much in a recent news release regarding the deportation of Haitian residents and migrant workers in the Dominican Republic. Mirelle Fanon Mendes France, head of the U.N. group stated, “The Dominican Republic does not recognize the existence of a structural problem of racism and xenophobia, but it must address these issues as a matter of priority so the country can live free from tension and fear.”

Since June 21 some 19,000 Haitians have fled the Dominican Republic for Haiti fearing the unfair deportation policies that make it difficult for legal residents to comply with demands, which not only disregard the Dominican Constitution but also violate international norms.

In 2013, the constitutional court of the Dominican Republic ruled that offspring of undocumented immigrants would become illegal retroactive to 1929. This immediately invalidated the legal status of an estimated 200,000 Dominican citizens. Of the 450,000 Haitian migrant workers in the country, 290,000 met a filing deadline for legal status. Of those who filed, the government ruled that only 2 percent were legal.

The clash between Haiti and the Dominican Republic on the island of Hispaniola has a strained history beyond the obvious racial differences. Haitians are the dark progeny of the French African slave trade while Dominican Republicans are mulattoes of Spanish descent. The enmity between the two countries is not only racial, but also cultural and historical. However, just as the world witnesses how little Black lives matter in American extrajudicial killings, the mistreatment of dark Haitians could well inspire a #Haitian Lives Matter twitter campaign…

Read the entire article here.

Renowned Legal Historian Discusses Race in America

Gould School of Law News
University of Southern California
2015-10-29

Gilien Silsby, Director of Media Relations

13th Amendment Ratified 150 Years Ago

A monumental moment in the history of the United States will be celebrated in December when the 13th Amendment, which abolished slavery at the close of the Civil War, turns 150 years old. But despite the passage of time, the U.S. continues to struggle with racial inequality. USC Gould School of Law professor Ariela J. Gross has spent years unearthing the legal history of race, which she details in her book, What Blood Won’t Tell: A History of Race on Trial in America (Harvard University Press, 2008).

In her book, Gross recounts stories of racial identity trials in American courts, from the early republic well into the 20th century. The racial identity trials – court cases that determined a person’s “race” as well as their rights and privileges – help explain the history of race and racism in America.

“The 13th Amendment, abolishing slavery and involuntary servitude, followed by two amendments guaranteeing equal protection of the laws and the right to vote to all American citizens, were far-reaching and revolutionary changes to the Constitution,” said Gross. “Yet in some ways the Reconstruction of the United States is still, as Eric Foner called it, an ‘unfinished revolution.’ We have yet to fulfill the promise of the Reconstruction Amendments that we will eliminate the badges of slavery and treat all citizens fairly and equally before the law.”

It’s been 150 years since the 13th Amendment was ratified. Has society moved beyond the concept of race and racist ideology?

AG: Today, race and racism are still with us. If it were true that racism in the past was based only on a now-discredited biological understanding of race – on blood – it would have been relatively easy to eradicate racism with colorblind policies. But despite the hard-won victories of 20th century civil rights struggles – and even the milestone of an African American presidential candidate – racism has survived, in part because its bases are shifting and mobile. For so long as many still believe that differing life chances do and should correlate with one’s performance of identity, one’s ability to achieve citizenship through “blood,” or one’s cultural practices, racism will persist.

What is race, anyway?

AG: We tend to believe race is a fact of nature, a property of blood, that we know it when we see it. But race is a powerful ideology that came into being and changed forms at particular historical moments as the product of social, economic and psychological conditions. Fundamental to race is a hierarchy of power, and this story is about determining racial identity for particular purposes: enslaving some people to free others; taking land from some to give to others; robbing people of their dignity to give others a sense of supremacy…

Read the entire interview here.

This Week in Civil Rights History

New York State United Teachers
2015-09-20

September 20th – Maryland Passes First Miscegenation Law

On this day in 1664, Maryland passed the first Miscegenation Law, banning inter-racial marriage in the United States. As African slavery became more widespread, both laws and customs became more restrictive. The impetus for the ban was their offspring. What legal status should a person of mixed race be afforded? Maryland also barred slaves from owning property. In the West, miscegenation laws applied to Mexicans and to American Indians. A sexual caste system was in place. During Reconstruction, Radical Republicans overturned some miscegenation laws. The Black Codes then emerged to limit all interaction between black and white. White supremacy held that non-whites where genetically inferior. In 1958, Richard Loving, a white man, and Mildred Jeter, a black woman, were married in Washington, D.C. When they returned to Virginia they were arrested. A nine-year legal battle ensued. In 1967, the Supreme Court declared miscegenation laws unconstitutional.

First Look at Ruth Negga and Joel Edgerton in ‘The Loving Story’ (Based on Anti-Miscegenation Case)

Shadow and Act: On Cinema Of The African Diaspora
2015-11-20

Tambay A. Obenson

Ruth Negga and Joel Edgerton as Mildred and Richard Loving, on the set of the movie “Loving,” being shot in Richmond, Va. (Ben Rothstein/Big Beach Films via AP)

Three years ago, director Nancy Buirski’s feature documentary, “The Loving Story,” was released. It follows the real-life story of Richard and Mildred Loving, an interracial couple living in the state of Virginia where interracial coupling was illegal, and their struggles, including the US Supreme Court case named after them – Loving vs Virginia (1967); the landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia’s anti-miscegenation statute, unconstitutional, overturning existing laws and bringing an official end to all race-based restrictions on marriage in the United States.

Persecuted by a local sheriff, the Lovings were found guilty of violating Virginia’s law against interracial marriage and forced to leave the state. But Mildred Loving chose to fight. She wrote a letter to Attorney General Robert F. Kennedy asking for help. He referred her to the ACLU and two young attorneys took the case.

Richard and Mildred Loving

In 1958, they went to Washington, D.C. – where interracial marriage was legal – to get married. But when they returned home, they were arrested, jailed and banished from the state for 25 years for violating the state’s so-called Racial Integrity Act…

Read the entire article here.

Martha S. Jones – “The Children of Loving v. Virginia“

Organization of American Historians
September 2015

An OAH Lecture by Martha S. Jones, Arthur F. Thurnau Professor at the University of Michigan

This lecture was presented as part of the Created Equal initiative at Franklin College in Franklin, Indiana, in September 2015. Recorded by the college’s Pulliam Fellow Videographer, Ian Mullen ‘16.

Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran [Bartholet Review]

The Journal of Interdisciplinary History
Volume 33, Number 2 (Autumn 2002)
pages 320–322
DOI: 10.1162/00221950260209039

Elizabeth Bartholet, Morris Wasserstein Professor of Law
Harvard Law School

Interracial Intimacy: The Regulation of Race and Romance. By Rachel F. Moran (Chicago, University of Chicago Press, 2oo) 271 pp. $3o.oo.

This thoughtful, provocative book treats an important topic that has received inadequate attention. Moran discusses the unfinished revolution that began with Brown v. Board of Education, in which the nation’s highest court ordered desegregation of the public schools, concluding “that racial boundaries could be broken down and racial hierarchy undone only through interracial contact”. She describes in powerful terms the central role played by the ban on interracial intimacy in the segregationist system of our past, and the myriad restrictions that operate to prevent such intimacy in our theoretically integrationist present. In the end, she makes a nuanced and persuasive case for the good that would come from liberating love and enabling interracial intimacy.

Moran uses history to shine a bright light on the present. She tells in horrifying detail the story of whites’ use of racial barriers to maintain their superior position, not only over blacks but also over Native Americans and successive immigrant groups seen as alien. She also shows how at each stage of historical development, from the days of slavery through abolition through Reconstruction, those in power have seen interracial intimacy as the ultimate threat to racial hierarchy. She describes those resisting change as obsessed with the importance of at least maintaining the color line in this arena, whether through laws preventing interracial marriage and adoption or through the lynching of black men suspected of consorting with white women. She describes those promoting change as feeling compelled to provide reassurance that their kind of racial progress would never mean breaching the all-important ban on interracial marriage. This history provides persuasive proof of the point that she makes explicit interracial intimacy is subversive of the racial order…

Read the entire review here.

Brazil’s ‘Black Lives Matter’ struggle — even deadlier

GlobalPost
Public Radio International
2015-11-03

Will Carless

The police committed more than 1 in every 6 of Rio de Janeiro’s homicides between 2010 and 2013.

And 4 out of 5 of those who are slain overall were under 29 years old — and of African descent.

These startling figures come from an analysis of official homicide data by Amnesty International. The problem spans far beyond Rio, and more recent incidents have raised concern that it’s not going away.

Earlier this month, five police officers in Rio de Janeiro were arrested after a cellphone video showed them altering a crime scene by placing a gun in the hands of a black teen they had just shot dead.

Echoing United States movements like #BlackLivesMatter and #RiseUpOctober, activists in Brazil are fighting to draw attention to the problem of killings of young black Brazilian men, frequently by police. One of the leading local movements is Amnesty International’s “Jovem Negro Vivo,” meaning “Young Black Alive.”

It’s one of several awareness campaigns that are also aiming to dismantle a stricture that’s long existed in the country: a reluctance to talk about important social issues in terms of race.

“It’s difficult in Brazil to point out racism,” says Alexandre Ciconello, a human rights expert and adviser to Amnesty in Rio de Janeiro. “It’s a taboo for the elite of the country and for politicians and authorities. They always say ‘Brazil is a mixed country, we are not the US, we are not South Africa,’ and if you raise racial questions, you’re seen as trying to separate that.”…

Read the entire article and listen to the story here.

Afro-Mexicans Are Pushing For Legal Recognition in Mexico’s National Constitution

Remezcla
2015-11-09

Walter Thompson-Hernández
Los Angeles, California

The myth of the Latin American racial democracy, scholars believe, began in Brazil following the abolishment of slavery in 1888, when government officials declared that high rates of racial mixing had officially absolved the nation of its racial problems. This thinking eventually transcended Brazil and spread to a host of other Latin America countries, including Mexico.

But Mexico had its own nuanced understanding of the Latin American racial democracy – one called mestizaje, that was created by government officials, intellectuals, and artists following the 1910 Mexican Revolution: the erroneous belief that Mexico’s ethnic and racial mixture was solely composed of indigenous and European ancestry. This was also a time period when Mexico’s citizenry began to believe that “Mexicanness” and blackness were mutually exclusive and could not co-exist. Mestizaje, however, did not only exclude blackness from its national patrimony, but also left out a host of other racial identities from Mexico’s conversation about race…

Read the entire article here.

Fluid Identity Discrimination

American Business Law Journal
Volume 52, Issue 4, Winter 2015
pages 789–857
DOI: 10.1111/ablj.12056

Leora F. Eisenstadt, Assistant Professor (Research)
Fox School of Business and Management
Temple University, Philadelphia, Pennsylvania

According to the most recent Census, the multiracial population of children has increased dramatically in the last decade, and the number of people of any age who identify as both white and black more than doubled in that time. In addition, there is a growing number of increasingly vocal transgender individuals who cannot be defined by existing sexual categories. Nonetheless, most courts have retained a categorical approach to Title VII that demands membership in a protected class even as American society becomes increasingly mixed and less conducive to simple categorization. In light of this new reality, this article considers the jurisprudence and scholarship on multiracial and transgender plaintiffs and argues that scholars and courts in both areas are dealing with discrimination against these increasingly visible individuals in an overly narrow way, leading to incomplete or unsatisfactory solutions. Rather than approach issues of racial identity and sexual identity separately, this article contends that these issues are symptomatic of a larger problem with Title VII, namely, an enduring attempt to fit increasingly amorphous identities into a strict categorical structure that no longer matches the reality of American society. Fluid Identity Discrimination proposes a rethinking of the protected class paradigm in light of a changed American populace with the goal of providing clarity and better alignment between law and social reality.

Read the entire article here.