Daniel Sharfstein awarded Alphonse Fletcher Sr. Fellowship by Fletcher Foundation

Posted in Articles, History, Law, Media Archive, United States on 2011-07-09 01:54Z by Steven

Daniel Sharfstein awarded Alphonse Fletcher Sr. Fellowship by Fletcher Foundation

Vanderbilt University Law School
2011-07-06

Daniel J. Sharfstein, associate professor of law, has been awarded an Alphonse Fletcher Sr. Fellowship by the Fletcher Foundation.
 
Professor Sharfstein’s new book, The Invisible Line: Three American Families and the Secret Journey from Black to White, examines the history of race in the United States through three families who crossed the color line and assimilated into white communities. He will use the Fletcher Fellowship, which provides awards of $50,000 to fund research and support literary and artistic works that contribute to improving race relations and further the broad social goals of the Supreme Court’s landmark 1954 decision in Brown v. Board of Education, to chronicle a group of Southern lawyers who argued against integration in courts during the decade following Brown

Read the entire article here.

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Virginia’s Attempt to Adjust the Color Problem

Posted in Articles, Health/Medicine/Genetics, Law, Media Archive, Passing, Politics/Public Policy, Social Science, United States, Virginia on 2011-07-05 02:06Z by Steven

Virginia’s Attempt to Adjust the Color Problem

The American Journal of Public Health
Volume 15, Number 2 (1925)
pages 111-115

W. A. Plecker, M.D., Fellow A.P.H.A.
State Registrar of Vital Statistics, Richmond, Virginia

Read at the joint session of the Public Health Administration and Vital Statistics Sections of the American Public Health Association at the Fifty-third Annual Meeting at Detroit, Michigan, October 23, 1924.

The settlers of North America came not as did the Spanish and Portuguese adventurers of the southern continent, without their women, bent only on conquest and the gaining of wealth and power; but bringing their families, the Bible, and high ideals of religious and civic freedom.

They came to make homes, to create a nation, and to found a civilization of the highest type; not to mix their blood with the savages of the land; not to originate a mongrel population combining the worst traits of both conquerors and conquered.

All was well until that fateful day in 1619 when a Dutch trader landed twenty negroes and sold them to the settlers, who hoped by means of slave labor to clear the land and develop the colony more quickly.

Few paused to consider the enormity of the mistake until it was too late. From this small beginning developed the great slave traffic which continued until 1808, when the importation of slaves into America was stopped. But there were already enough negroes in the land to constitute them the great American problem. Two races as materially divergent as the white and the negro, in morals, mental powers, and cultural fitness, cannot live in close contact without injury to the higher, amounting in many cases to absolute ruin. The lower never has been and never car be raised to the level of the higher.

This statement is not an opinion based on sentiment or prejudice, but is an unquestionable scientific fact. Recently published ethnological studies of history lead to this conclusion, as do the psychologic tests of negro and negroid groups, especially the tests made by the United States Army for selective service in the World War. It is evident that in the hybrid mixture the traits of the more primitive will dominate those of the more specialized or civilized race. It is equally obvious that these culturally destructive characteristics are hereditary, carried in the germ plasm, and hence they cannot be influenced by environmental factors such as improved economic, social and educational opportunities. On the contrary, such opportunities often accelerate the inevitable decadence. Dr. A. H. Estabrook in a recent study, made for the Carnegie Foundation, of a mixed group in Virginia many of whom are so slightly negroid as to be able to pass for white, says, ” School studies and observations of some adults indicate the group as a whole to be of poor mentality, much below the average, probably D or D- on the basis of the army intelligence tests. There is an early adolescence with low moral code, high incidence of licentiousness and 21 per cent of illegitimacy in the group.”

When two races live together there is but one possible outcome, and that is the amalgamation of the races. The result of this will be the elimination of the higher type, the one on which progress depends. In the mixture the lower race loses its native good qualities which may be utilized and developed in the presence of a dominant race…

…Let us return now to our own country, and, as we are considering Virginia, to that state in particular. There are about twelve million negroes of various degrees of admixture in the Union today. Of the population of Virginia, nearly one-third is classed as negro, but many of these people are negroid, some being near-wnite, some having actually succeeded in getting across into the white class.

The mixed negroes are nearly all the result of illegitimate intercourse. The well known moral laxity resulting from close contact of a civilized with a primitive race makes illegitimate intermixture an easy matter. This is illustrated by the fact that the illegitimate birth-rate of Virginia negroes is thirty-two times that of Rhode Island, while the District of Columbia rate is thirty-seven times, and that of Maryland forty-six times.

In the days when slavery was still a blight upon our state, it was quite a common occurrence for white men to father children born to the negro servants. The history, as related to me, of at least one colony of people known as “Issue” or ” Free Issue,” now spread over several counties, is that they originated in part in that manner.

It was considered undesirable to retain these mulattoes on the place, bearing the family name, and a number from one county were given their freedom and colonized in a distant county. These intermarried amongst themselves and with some people of Indian-negro-white descent, and received an additional infusion of white blood, either illegitimately or by actual marriage with low-grade whites…

In the lifetime of some now living we may expect the present twelve million colored population to increase to twenty or possibly thirty millions, and that perhaps to one hundred millions during the next century, to say nothing of the prolific Mongolians who are already firmly established upon our western coast. With the competition of this large number of people of low ideals and low standards of living, and the great effort to secure the means of maintaining a family up to the desired standard, the white population will to that extent be crowded out.

Virginia has made the first serious attempt to stay or postpone the evil day when this is no longer a white man’s country. Her recently enacted law “for the preservation of racial integrity” is, in the words of Major E. S. Cox, “the most perfect expression of the white ideal, and the most important eugenical effort that has been made during the past 4,000 years.” Of course this law will not prevent the illegitimate mixture of the races, although a law requiring the father to share with the mother the responsibility of the birth would have a deterring effect. When more than one man is involved, all should be held equally responsible in sharing the cost, as I am informed is the case in Norway.

But it is possible to stop the legal intermixture, and that Virginia has attempted to do in the above mentioned law, which defines a white person as one with “no trace whatsoever of blood other than Caucasian,” and makes it a felony punishable by confinement for one year in the penitentiary to make a willfully false statement as to color.

Clerks are not permitted to grant licenses for white persons to marry those with any trace of colored blood. It is needless to call attention to the sad plight of a white person who is thus imposed upon or of a white woman who under such circumstances would give birth to a child of marked negro characteristics, as will occur from time to time under Mendel’s law.

The new law places upon the office of the Bureau of Vital Statistics much additional work, but we believe it will be a strong factor in preventing the inter’marriage of the races and in preventing persons of negro descent from passing themselves off as white…

Read the entire article here.

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Interracial Relationships and Loving v. Virginia

Posted in History, Law, Media Archive, Passing, Social Science, United States, Videos on 2011-07-04 02:50Z by Steven

Interracial Relationships and Loving v. Virginia

CityLine Boston
WCVB Boston
2011-06-15

Karen Holmes Ward, Director of Public Affairs and Community Services; Host and Executive Producer of CityLine

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Ken Tanabe, President and Founder
LovingDay.org

Dr. Dawkins discusses the ongoing impact of interracial romantic relationships, multiracial identities and passing in the United States with Loving Day founder Ken Tanabe and CityLine host Karen Holmes Ward.

Notes by Steven F. Riley: There are several significant inaccuracies in this video.

  1. Interracial marriage was in fact legal, not illegal, in most states 44 years ago.  Only 16 states had bans on interracial marriage at that time.
  2. Ms. Ward’s comment, “No steps were taken to change the law until one appropriately named couple fought for their rights…” is grossly inaccurate.  There was no one “law” to ban such marriages in the United States. Each state had its own anti-miscegenation statute.  Most importantly, the battle to end anti-miscegenation (anti-interracial marriage) laws in the United States was a 50 year struggle which included such landmark cases like California Supreme Court: Perez v. Sharp (1948), U.S. Supreme Court: McLaughlin v. Florida (1964) and ending of course, with Loving v. Virginia (1967).
  3. Mr. Tanabe’s comment, “After the case, for the first time, interracial marriage was legalized in the United States.” is incorrect.  Loving v. Virginia did not legalize interracial marriage in the United States.  It legalized interracial marriage only in the remaining 15 states (Maryland repealed its law during the case) that still had bans on such marriages.  In fact, there were 10 states that never enacted any bans on interracial marriage. Mr. Tanabe seems to have forgotten that Mildred and Richard Loving (the plaintiffs in the case) were legally married in Washington, D.C. in June of 1958, six months before they were arrested for violating the section of the law which prohibited interracial couples from being married out of state and then returning to Virginia.

To get a comprehensive view of anti-miscegenation laws and their impact on race relations in the United States, please read Peggy Pascoe’s multiple award winning book, What Comes Naturally, Miscegenation Law and the Making of Race in America. Also, please read my thoughts about the misreprentation of the Loving v. Virginia case in contemporary discourses.

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Living as Others in Japan

Posted in Asian Diaspora, History, Law, Live Events, Media Archive, Oceania, Papers/Presentations, Politics/Public Policy on 2011-07-04 00:12Z by Steven

Living as Others in Japan

Japanese Studies Association of Australia 2011 Biennial Conference
Internationalising Japan: Sport, Culture and Education
University of Melbourne, Melbourne Law School
185 Pelham Street
Carlton, Victoria 3053, Australia
2011-07-04 through 2011-07-07

Wednesday, 2011-07-06, 11:00-12:30 AEDT (Local Time)
Room 102

This panel will present two historical papers about individuals whose lives were affected by the Pacific War, and a third paper which examines issues involving intercultural communication between Japanese and non-Japanese people. The two historical stories focus on how their respective individuals navigated their life course as “Others” in Japan. Hamilton will shed light on children born to Japanese mothers and Australian fathers during the Allied Occupation in Kure. Tamura’s paper is on a businessman of mixed heritage, English and Japanese, born in Kobe, who was interned in Japan. Parry’s paper provides a look into intercultural communication between Australian students in a homestay among ten Japanese host parents.

Kure Kids
Walter Hamilton

Walter Hamilton has recently completed a book on the mixed-race children of the Occupation, under the working title of Lest We Beget: The Mixed-Race Legacy of Occupied Japan. (www.lestwebeget.com).

Nearly sixty years have passed since the post-war occupation of Japan. It might be assumed historians will have exhausted all there is to say about its political, economic and social effects. But one unexplored aspect remains vividly alive: the hidden ancestral links that bind Australians, Americans, Britons and others to Japanese blood-relations never known, never met: the unclaimed, mixed-race offspring left in Japan when the troops departed. Their fathers would not or could not acknowledge them: an estimated 10,000 children, including several hundred fathered by Australians.

So familiar is the idea of military conquest leading to the birth of “unwanted” children outside marriage – across racial, class and cultural divides – they tend to be dismissed as a natural corollary of war. Their appearance in occupied Japan came as no surprise. The “Madame Butterfly” tradition provided a high-toned model of Western men exploiting Japanese women. As if their biological inevitability made them what they were, the children attracted scant attention from Western writers, who acquiesced in facile assumptions about their fate. Surely they were disowned by their fathers, lamented by their mothers and thrust to the lower depths of society. The eminent American historian John Dower has called them “one of the sad, unspoken stories” of the occupation. Japanese historical and fictional treatments of the issue also suffer from a determination to link the children exclusively to prostitution, moral collapse and national humiliation.

Australia joined the occupation not expecting to convert the former enemy but to punish and ostracise him. With immigration restrictions, in some respects, even tighter than they were in 1941, permission was denied for troops in Japan to marry across the race divide. Anyone defying the ban risked being forcibly removed from his de facto wife and children. Although these measures were relaxed in 1952 to admit the first Japanese war brides, no such right was extended to the unacknowledged or orphaned children of Australian servicemen. In addition, the federal government maintained an elaborate deception to stop the children being adopted by Australian families. Bogus welfare arguments were used to cover a purely political determination. The moment the strategy showed signs of faltering, it was reinforced through public monies being deployed to keep the children in Japan. There were almost no exceptions, even for the sons and daughters of brave men who had fought and died in the Korean War. In the words of a leading churchman of the day, the Reverend Alan Walker: “There have been few more disgraceful incidents in the whole miserable history of Australia’s racial immigration policy.”

This paper will introduce several individuals born in or near the city of Kure, in Hiroshima prefecture, where the British Commonwealth Occupation Force (BCOF) was based from 1946 until the withdrawn of the last Korean War contingent in 1956. The Kure Kids encountered discrimination because of their physical appearance, dysfunctional family life, low socioeconomic status and social isolation. But the lives of these Japanese “others” represented much more—in quality, variety and achievement—than is suggested by the conventional portrayal of “sad, unspoken stories.”

Between Father Land and Mother Land: a British-Japanese Dual National and his Pacific War
Keiko Tamua

In war, individuals are categorized either as friend or foe, and enemy nationals are seen and treated with suspicion and fear. In December 1941, when the Pacific War started, about 700 out of 2134 civilians of the Allied nations who were residing in Japan were arrested or interned as enemy aliens. Most of them had lived in Japan for a number of years and had become part of the community. Some civilians were repatriated to their home countries on exchange boats in 1942 and 43, but others decided to remain in Japan even though they knew they were going to be interned or kept under police surveillance. Most of them had mixed heritage through their parents and/or having Japanese spouse; they thought their home was Japan rather than Britain or the USA, and they felt they could not leave without their family members.

F. M. Jonas was one of these expatriates who were caught in the war. He was born in Osaka in 1878, having a British father and a Japanese mother. He had established himself as a respectable British businessman in pre-war Kobe, running a stevedore business at the port. He was highly regarded both in the expatriate and Japanese communities, having been vicechairman of the Kobe Foreign Chamber of Commerce, and president of the Kobe Regatta and Athletic Club – the premier expatriate social club in Kobe. When the war started Jonas was arrested by the Japanese authorities, and later interned as an enemy alien. However, he managed to secure release from internment through British-Japanese dual citizenship, and he changed his name to Morii Kamejirō. When the war ended, he tried to re-establish his formal status as a British national. He died in 1950 before final resolution was officially made. Did he claim citizenship of convenience to suit the circumstances, to avoid internment, and consequently did he betray his father land? Or did he have legitimate reasons to do so? What were the consequences of his action for himself and his family? Japanese nationality laws upheld the principle of paternal succession until 1985, and dual citizenship has never been recognized. How did Jonas convince the authorities of his dual nationality? In this paper, I will discuss the life course of F. M. Jonas, who lived between father land and mother land in the middle of the Pacific War. Through Jonas’ story, I will explore, from a historical point of view, how the nationality of mixed decent people has been interpreted and handled in Japan and Britain.

For more information, click here.

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Book Review Essay – The Legacy of Jim Crow: The Enduring Taboo of Black-White Romance

Posted in Articles, Book/Video Reviews, Law, Media Archive, Social Science, United States on 2011-07-02 19:33Z by Steven

Book Review Essay – The Legacy of Jim Crow: The Enduring Taboo of Black-White Romance

Texas Law Review
Volume 84, Number 3 (February 2006)
pages 739-766

Kevin R. Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies
Univesity of California, Davis

Dear Senator: A Memoir by the Daughter of Strom Thurmond. By Essie Mae Washington-Williams & William Stadiem. New York: Regan Books, 2005. Pp. 223.

Unforgivalbe Blackness: The Rise and Fall of Jack Johnson. By Geoffrey C. Ward. New York: Knopf, 2004. Pp. xi, 492.

Over the last one hundred years, racial equality has made momentous strides in the United States. State-enforced segregation ended. Slowly but surely, the nation dismantled Jim Crow. As part of that dismantling, the Supreme Court struck down bans on interracial marriage, which were popular in many states.

Interracial relationships have increased dramatically over the last fifty years. In 2006, they meet with much greater acceptance than they did in 1950, especially in the nation’s major urban centers. The United States has begun to grapple with the issues related to interracial intimacy, such as the increasing number of mixed-race people and the controversy over transracial adoption, two topics that would have been wholly unnecessary to mention, much less analyze, just years ago. Ultimately, by transforming notions of race and races, racial mixture promises to transform the entire civil rights agenda in the United States.

Juxtaposed against this promise of transformed racial notions, however, lies this nation’s continuing battle against the enduring legacy of slavery and Jim Crow. While adeptly shedding light on the complexities of U.S. racial history, Dear Senator: A Memoir by the Daughter of Strom Thurmond and Unforgivable Blackness: The Rise and Fall of Jack Johnson reveal just how far from this legacy the nation has advanced over the twentieth century. At the same time, the books highlight the many ways in which race relations have remained more or less the same.

Born in 1925, Essie Mae Washington-Williams is the half-black daughter of the late U.S. Senator Strom Thurmond. Dear Senator tells the story of her life as the invisible child of a staunch segregationist and prominent national politician. Raised by her aunt in Coatesville, Pennsylvania, Washington-Williams was first stunned to learn as a teenager that her real mother—not her aunt as she had been told—was Carrie Butler, a young African-American woman who had worked as a domestic in the Strom Thurmond family home in South Carolina. A few years later she met her father, whose identity had been a tightly kept family secret. Only upon Thurmond’s death in 2003 did it become widely known that he had fathered Washington-Williams.

A generation before Washington-Williams’s birth, Jack Johnson became the first African-American heavyweight boxing champion of the world. Unforgivable Blackness details his capture of the championship as a milestone in the social history of the United States. Previously reserved exclusively for white men, the title served as a high profile symbol of white supremacy. Consequently, Johnson’s championship reign generated great controversy and contributed to heightened racial tensions…

…Both books reveal much about the deep-seated legal and social taboos that surrounded and influenced black–white relationships before the Supreme Court’s 1967 decision in Loving v. Virginia. The stories of Essie Mae Washington-Williams and Jack Johnson demonstrate how law and policy, combined with strong social forces, sought to enforce the strict separation of the races in intimate relationships. Nonetheless, from the days of Thomas Jefferson, such relationships (often nonconsensual) frequently formed between prominent white men and subservient African-American women. Interracial sex was kept secret; this secrecy served to maintain the myth of complete racial separation.

Dear Senator and Unforgivable Blackness also reveal much about the social and legal double standards used to judge interracial relationships. African Americans like Jack Johnson were harshly punished for crossing the color line. Strom Thurmond, of course, legally married a series of glamorous “All-American” women and was able to keep his relationship with an African-American domestic service worker—and his half-black daughter—a secret from the general public. That liaison crossed the same line violated by Jack Johnson but was not sanctioned in the least; indeed, it fit comfortably into a long history of white men exploiting black women.

The legacy of Jim Crow and the legal and social separation of the races continues to affect the formation of interracial relationships in the modern United States. Most Americans marry persons of the same race. Although increasing, white–black relationships are relatively rare and much less common than Asian American–white, Latino–white, and Native American– white relationships.

A body of legal scholarship analyzing racial mixture has emerged in recent years. Some of that scholarship is autobiographical, including James McBride’s best-selling book The Color of Water: A Black Man’s Tribute to His White Mother. Adding to this body of literature, Dear Senator and Unforgivable Blackness tell memorable stories of the lives of two remarkable people and, at the same time, offer fascinating glimpses of how law and policy indelibly influenced them and their relationships.

This Essay analyzes how these books reveal the lasting impacts of slavery and Jim Crow on modern social relations. For even with the demise of the legal prohibition on interracial relationships, the social taboo on black–white relationships remains. So long as we live in a socially segregated society, low intermarriage rates between African Americans and whites will likely remain.

Part I of this Essay briefly summarizes the two books and places them in their proper historical, legal, and social contexts. Part II analyzes the enduring legacies of Jim Crow that Dear Senator and Unforgivable Blacknesshig highlight and discuss. These legacies include: (A) the persistence of social disfavor for black–white relationships; (B) the continued portrayal of African-American men as stereotypical criminals and hypersexual beings; (C) the endurance of the longstanding conflict between assimilation and nationalism as strategies for minorities seeking social change, personal survival, success, and happiness; and (D) the existence of white privilege in the United States, then and now…

One is left to conclude that Washington-Williams did not really know her father. The relationship was a formally cold one; one of her most lasting memories of Strom Thurmond was his strong handshake. This lack of love, or formal public acknowledgment, could not have been anything other than deeply hurtful, even though Washington-Williams refuses to condemn any of her father’s conduct.

…Despite family difficulties, Washington-Williams led a productive and successful life. She married an African-American man she met in college, who became a civil rights lawyer and died prematurely. Washington-Williams completed her undergraduate studies and later earned a master’s degree. Settling in the Los Angeles area, she was a school teacher and guidance counselor and raised a family. By all accounts, Washington-Williams self-identified as African American, growing up and living in African-American communities throughout her life. Though half-white, she suffered no burning ambiguity about her racial identity, showing again that race is a social, not a biological, construct. In this way, Washington-Williams self-identified as did many mixed-race African Americans, including W.E.B. DuBois and Frederick Douglass.

At the individual level, the painful experiences of Washington-Williams show an extreme example of the racial identity issues mixed-race people in the United States face. Importantly, she went public after Thurmond’s death to clear the air and end the years of media speculation about whether Strom Thurmond was her father. Now claiming to feel “completely free,” Washington-Williams is exploring her white roots and has gone so far as to seek membership in the National Society Daughters of the American Revolution and the United Daughters of the Confederacy.

It was the cruelest of ironies that not only was Essie Mae Washington-Williams’s father white, but he was also one of the most well-known segregationists of his generation. Strom Thurmond, along with many other Southern politicians, used segregation for political gain in post-World War II America. The despised race mixing was the evil thrown out like meat to the dogs when the issue of African-American civil rights was raised; campaign promises to attack this evil won many votes. Thurmond embraced racist views in spite of his long-time relationship with a black woman, thus himself engaging in race-mixing by fathering a child and maintaining a relationship with his half-black daughter. The inconsistencies between Thurmond’s personal and professional lives, of course, are in no way unheard of in U.S. history.

Racial mixture is part of this nation’s heritage. However, U.S. society historically went to great lengths to keep it underground. But when social norms failed to maintain the public separation of the races, law intervened with a vengeance, as it did in Jack Johnson’s life…

Read the entire article here.

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Why this Supreme Court could be the best hope for gay-marriage advocates

Posted in Articles, Gay & Lesbian, Law, Media Archive, United States on 2011-06-27 03:15Z by Steven

Why this Supreme Court could be the best hope for gay-marriage advocates

The Washington Post
2011-06-24

Justin Driver, Assistant Professor of Law
University of Texas, Austin

Eight years ago Sunday, the Supreme Court handed down a significant victory for gay equality when it declared anti-sodomy laws unconstitutional in Lawrence v. Texas. In response, Justice Antonin Scalia bitterly dissented, predicting that the court’s opinion would inexorably lead the judiciary to permit marriages for gays and lesbians.

It took the Massachusetts Supreme Judicial Court less than five months to vindicate Scalia’s prediction when it cited Lawrence in finding that the state’s own constitution protects same-sex marriage. The conservative justice has not, however, had an opportunity to directly consider the merits of same-sex marriage.

…Many advocates of same-sex marriage who worry that it is too early for a federal lawsuit cite the quest decades ago to eliminate bans on interracial marriage. The court did not invalidate such laws during the 1950s, they note, when interracial marriage remained extremely divisive. Instead, it waited to issue Loving v. Virginia until 1967, when only 16 states retained anti-miscegenation statutes. “So long as interracial marriage intensely divided the country, the Warren Court was not prepared to insist upon a norm of equality,” Yale law professor William N. Eskridge Jr. and attorney Darren Spedale wrote in May 2009. They further suggested that it would be daft to believe that the current court would issue a favorable same-sex marriage decision while opposition remained strong. Judge Richard Posner ventured a similar analysis for the New Republic last year: “Until homosexual marriage becomes as uncontroversial in most states as racial intermarriage had become by 1967, the Court will, in all likelihood, stay its hand.”

But in 1967, most Americans did not welcome interracial marriage. To suggest otherwise is profoundly misleading. While Americans registered greater approval of such marriages in the late 1960s than in the previous decade, national opinion remained clearly opposed, even after the Supreme Court decided Loving. A Gallup poll in the 1950s revealed that nine out of 10 whites disapproved of interracial marriage; in 1968, a Gallup poll showed that three out of four whites continued to frown on interracial unions. The 1968 figures taking account of all races were not much different: 73 percent of Americans disapproved of the practice.

The modest number of states that had anti-miscegenation laws when Loving was decided, moreover, hardly indicates that citizens in the other 34 states considered race irrelevant to marriage. A clear majority of Americans deemed race exceedingly relevant and had no compunction about expressing this belief to pollsters. In fact, Gallup did not register a majority approving of interracial marriage until 1997—three decades after Loving recognized the constitutional right.

By contrast, even some of the bleakest same-sex marriage polls of recent years would have cheered advocates of interracial marriage in the age of Loving. A 2008 Quinnipiac University poll, for instance, found that 55 percent of respondents opposed gay marriage. And the most recent round of data, collected this year by Gallup, CNN-Opinion Researchand the ABC News-Washington Post poll, found that slightly more than 50 percent of adults responded approvingly to questions regarding same-sex marriage…

Read the entire opinion piece here.

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Half-Hearted Loving

Posted in Articles, History, Law, Media Archive, Social Science, United States on 2011-06-21 04:07Z by Steven

Half-Hearted Loving

The Faculty Lounge: Conversations about law, culture, and academia
2011-06-13

Kevin Maillard, Associate Professor of Law
Syracuse University

Yesterday, June 12, marked the annual celebration of Loving Day.  This event commemorated the 1967 Supreme Court case of Loving v. Virginia, which invalidated the state’s Racial Integrity Act that prohibited interracial marriages.  Notably, Virginia’s law was only one of many state interracial bans.  In the mid-twentieth century, 30 states had some form of mixed marriage prohibition, all struck down by Loving in one fell swoop.  In this momentous decision, the Court paved the way for all Americans to determine their intimate associations without regard to race.

More than forty years later, interracial intimacy—dating, cohabitation, and marriage—continues to go against the norm, rather than be a part of it. The 2010 Census reports that less than eight percent of all marriages are between people of different races, with slightly higher rates for cohabitating couples.  Multiracial people remain a very small part of the national population, just under three percent in 2010…

…However, the Loving case was not the Moses that parted the racial sea, ushering in multihued phalanxes of diversity. In a modern world where people are free to make their own choices, partner selection has not changed much.   Of course, a single case like Loving is not going to convert every American into the Temple of Miscegeny, and mandate interracial kumbayahs for everyone of dating age.  In the same way that the legalization of gay marriage would not unearth a wellspring of same-sex desire, a change in law does not automatically transform personal preferences…

Read the entire article here.

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Multiracial students and the evolution of affirmative action

Posted in Articles, Campus Life, Law, Politics/Public Policy, United States on 2011-06-21 03:29Z by Steven

Multiracial students and the evolution of affirmative action

Harvard Law & Policy Review
2011-06-17

Jay Willis

Reduced to its elements, affirmative action is a relatively straightforward concept.  Colleges and universities consider an applicant’s racial and ethnic background to ensure that they enroll sufficient numbers of students from traditionally underrepresented groups. But schools are now grappling with new Department of Education regulations that, for the first time, allow students to identify themselves as members of two (or more) ethnic groups on their college and graduate school applications.  The initiative was intended to recognize the diversity of the national student body and to ensure that no student had to pigeonhole him or herself into one neatly checked box.  But the multitude of boxes suddenly available to each applicant introduces an unwelcome element of uncertainty for campus officials composing the incoming class of 2015.
 
Say a mixed-race student self-identifies as both African-American and white on his college application; the former group traditionally receives preferential treatment in affirmative action programs, while the latter does not.  Under the new reporting guidelines, how should the student be counted in terms of his contribution to the school’s diversity?  Is he African-American, and if so, does he somehow count less when calculating these statistics than does someone with two African-American parents?  Is he white, and if so, is he less white such that he counts less toward the school’s burgeoning white population?  Is there some formula by which the school could count him as both?  Or is he a member of neither category such that he and other multiracial students must be reclassified altogether?…

Read the entire article here.

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Giving Loving Day Its Due

Posted in Articles, History, Law, Media Archive, Social Science, United States on 2011-06-13 05:05Z by Steven

Giving Loving Day Its Due

Truthdig
2011-06-11

Marcia Alesan Dawkins, Visiting Scholar
Brown University

If you’re reading this, then you’ve probably been invited to commemorate or at least think about Loving Day this year. And with good reason. In 1958, newlyweds Mildred Jeter and Richard Loving were indicted on charges of violating Virginia’s ban on interracial marriages and were banished from their home state. The U.S. Supreme Court overturned the law in 1967.

Many multiracial individuals and interracial couples celebrate the anniversary of the Loving v. Virginia decision, June 12, as Loving Day. While celebrating this important civil rights milestone, we should remember that increased visibility of interracial couples and offspring does not promise increased racial harmony. Let’s face facts. It’s very sexy to congratulate ourselves based on reports that today’s interracial families can live harmoniously in the former Confederacy. We’re entertained as we watch Khloe and Lamar’s relationship work out. It makes us feel good to think that we have overcome, that we have reached a state of racial harmony and that we are all finally equal—and becoming equally beige and beautiful.

But a desire to congratulate ourselves doesn’t erase the fact that racial mixing has been occurring in our nation and hemisphere for more than 500 years. Colonists and indigenous people married and engaged in extramarital sexual relations. White indentured servants mixed with African indentured servants and then with African slaves. And there’s a long history of black freedmen and freedwomen intermarrying with Native Americans, as well as white males (often forcibly) having sex with black females. There are the interracial children fathered by U.S. soldiers and born to foreign lovers and “comfort women” in war-torn Asian and Middle Eastern nations. Add this to centuries’ worth of Asian and Hispanic immigration and 40 years’ worth of official interracial marriage patterns and you have what many might call the recipe for a melting pot where race doesn’t matter.

Sadly, this isn’t the case…

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The Mulatto: an unspeakable concept

Posted in Articles, History, Law, Literary/Artistic Criticism, Media Archive, Social Work on 2011-06-01 04:25Z by Steven

The Mulatto: an unspeakable concept

Working Papers on the Web
Department of English Studies at Sheffield Hallam University
Volume 5 (September 2003) (Racial Disciplines)
ISSN: 1478-3703

Julian Murphet, Senior Lecturer of English
The University of Sydney

The discourse of race has necessarily produced its own supplements; and there has been no more intriguing categorical supplement to racial discourse than that of the ‘mulatto’. In this essay, I explore some of the meanings of this supplement as it was produced, accepted, and then retracted in the late nineteenth and early twentieth centuries—first as a legalistic and sociological category, and second as an ideological signifier in the domain of fictional and autobiographical literary genres.

Shifting and stuttering between a ‘both/and’ and a ‘neither/nor’ binary logic of racial identification, the mulatto is a peculiarly homeless signifier that hesitates in the no-man’s-land between monolithic racial alternatives and casts an immanent doubt upon both their houses. As early as the 1910s, meditation on the mulatto would precipitate speculation that, far from being an isolated ‘problem’, the ‘man of mixed blood’ was the springboard of societal progress: ‘the advance of civilization is dependent upon this process of racial intermixture’, which could be spotted everywhere across Europe and the rest of the world. As racial discourse has evolved in a myriad of directions and forms according to the structures of the political and sexual economies in which it operates, this supplement has of course known various, often incompatible applications. Nowhere, perhaps, has the supplement been as ‘dangerous’ as in the USA, for reasons, and with results, which will be discussed in this essay. Nevertheless, if there is a consensus of opinion about this supplement today, it would seem to be that it is unspeakable. The ‘strategic essentialisms’ employed by the various Black peoples since the 1960s in the name of civil and human rights have finally settled all doubts in favour of a performative ‘one drop of blood’ rule whose essentialist origins are, precisely, those of the ultra-racist American South. As a recent article on the subject in Australia has put it, ‘When “self-identification” was introduced in the early 1970s as the means by which Aboriginality would be determined, it was a repudiation of all those racist notions of half-caste, quarter-caste, and “quadroon” which had been used to deny indigenous people their culture, their land and their children … [P]eople could claim Aboriginality if they fitted three criteria: indigenous ancestry, self-identification and community acceptance.’  The presumptions here are as perplexing as they are inescapable: the notion of the ‘mulatto’ or ‘half-caste’ is a racist one, that has been superseded by a new performative identity which nonetheless contains an appeal to a dualistically conceived ancestry. There are Aborigines and there are white people, and this is notracist. Only the supplement is.

The unspeakableness of ‘mulatto’ today is, of course, an index of its historicity—our retrospective distaste for it springing from its contamination by an essentialist doctrine of races, from which we have emerged into the broad light of ‘culturalist’ day. Any such transcendence of nineteenth century racialism, which invariably decodes for us as racism, is surely a boon of the great modern revolutions in ethnography, biology and social science. What is less clear, however, is how, in the context of a specifically American state-racism, this concept in particular once helped to open a loophole in the dominant ideologies of racial identity, and uniquely contributed to the development of our very ‘culturalist’ paradigm of race; and how, in that same context, the mulatto has always been unspeakable anyway: a dirty secret or scandalous aporia to be resolved back into the imperturbable binarism of black and white (which is rather a different binary from that of Negro and Caucasian)…

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