Mixed Race Studies

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.

The Prism of Race: The Politics and Ideology of Affirmative Action in Brazil

University of Michigan Press
2018
272 pages
2 tables
6 x 9
Hardcover ISBN: 978-0-472-13084-9
Ebook ISBN: 978-0-472-12389-6
DOI: 10.3998/mpub.9736376

David Lehmann, Emeritus Reader in Social Science
Cambridge University

Foreword by:

Antonio Sergio Guimarães, Senior Professor of Sociology
University of São Paulo, São Paulo, Brazil

Brazil has developed a distinctive response to the injustices inflicted by the country’s race relations regime. Despite the mixed racial background of most Brazilians, the state recognizes people’s racial classification according to a simple official scheme in which those self-assigned as black, together with “brown” and “indigenous” (preto-pardo-indigena), can qualify for specially allocated resources, most controversially quota places at public universities. Although this quota system has been somewhat successful, many other issues that disproportionately affect the country’s black population remain unresolved, and systemic policies to reduce structural inequality remain off the agenda.

In The Prism of Race, David Lehmann explores, theoretically and practically, issues of race, the state, social movements, and civil society, and then goes beyond these themes to ask whether Brazilian politics will forever circumvent the severe problems facing the society by co-optation and by tinkering with unjust structures. Lehmann disrupts the paradigm of current scholarly thought on Brazil, placing affirmative action disputes in their political and class context, bringing back the concept of state corporatism, and questioning the strength and independence of Brazilian civil society.

Table of Contents

• Foreword
• Preface
• 1. Introduction
• 2. After Durban
• 3. Classification Wars
• 4. Race, Class, and Education in the Search for Social Justice
• 5. The Movimento Negro between State, Civil Society, and Market
• 6. The Campaign and Theories of Social Movements
• Appendix A: Selected Indicators on the Growth of the Brazilian Higher Education System (2003–2014)
• Appendix B: Interviews Carried Out between 2008 and 2014
• Glossary
• Footnotes
• Bibliography
• Index

The Social Construction of Racial and Ethnic Identity Among Women of Color from Mixed Ancestry: Psychological Freedoms and Sociological Constraints

City University of New York (CUNY)
2009
211 pages

Laura Quiros

A dissertation submitted to the Graduate Faculty in Social Welfare in partial fulfillment of the requirements for the degree of Doctor of Philosophy

In the context of the 21st century, when an increasing number of people cannot be classified by an archaic system based on race, an awareness of the complexities of ethnic and racial identity is more important than ever. This study assists in the development of a critical understanding of the complexity of racial and ethnic identity by exploring the construction of racial and ethnic identity among women of color from mixed ancestry. These women are the offspring of parents from multiple racial and ethnic backgrounds. As a result, their identities—both internally and externally constructed—belie traditional racial and ethnic categories. This population faces unique struggles, as identified in the empirical literature and supported by the data analysis. Women of color from mixed heritages: have been assigned monolithic labels based primarily on their physical appearance; may feel pressured to adopt a single and predetermined ethnic or racial label; and are often researched as one ethnic or racial group. Furthermore, scholars agree that institutional racism has been a constricting force in the construction of identity and identification for ethnic groups of color in the United States. This study is important because women of color are not always comfortable with the ascribed identity, particularly when it is based on faulty characterizations and when their ethnicity is overlooked. Additionally, this study brings insight to the psychological and social impact of socially constructed identifications.

This study regards race and ethnicity as social constructions, defined by human beings and given meaning in the context of family, community, and society. As such, women of color from mixed ancestry find themselves in the middle of the psychological freedoms and sociological constraints of identity construction within the dominant society. As a result, they develop management techniques for integrating components of self and for managing the freedoms and constraints in social constructions of race and ethnicity.

This is a subject of pivotal importance to multiple fields of inquiry as well as one having significant educational, clinical, and programmatic implications. Among the implications for social work practice and pedagogy are the need for critical reflection, increased awareness, and cultural diversity.

Read the entire dissertation here.

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.

The Concept of “Race” Is a Lie

Scientific American
2019-05-14

Peter G. Prontzos, Faculty Emeritus
Langara College, Vancouver, British Columbia

Credit: Getty Images

Even the Ancient Greeks knew it

The plague of racism has, in many ways, been increasing in the last few years. Whether one looks at Hungary, Germany, Myanmar, India or Brazil, racists are becoming more visible and getting elected to public office.

Then there were the horrors of the slaughters in New Zealand and Sri Lanka.

In the United States, the president has denounced Mexicans as drug dealers and rapists, described some poor nations as, “shithole countries,” and failed to reject an endorsement from a former leader of the Ku Klux Klan. He even went so far as to call at least some neo-Nazis, “very fine people.” One might be forgiven for thinking that what his campaign slogan really meant was “Make America White Again.”…

In combating this increase in racism, there are two primary aspects to consider…

Read the entire article here.

Luso-Tropicalism and Its Discontents: The Making and Unmaking of Racial Exceptionalism

Berghahn Books
April 2019
346 pages
15 illus., bibliog., index
Hardback ISBN: 978-1-78920-113-0
eBook ISBN: 978-1-78920-114-7

Edited by:

Warwick Anderson, Janet Dora Hine Professor of Politics, Governance and Ethics
Department of History; Charles Perkins Centre
University of Sydney

Ricardo Roque, Research Fellow at the Institute of Social Sciences
University of Lisbon

Ricardo Ventura Santos, Senior Researcher at Fundação Oswaldo Cruz; Professor
Department of Anthropology
National Museum, Rio de Janeiro, Brazil

Modern perceptions of race across much of the Global South are indebted to the Brazilian social scientist Gilberto Freyre, who in works such as The Masters and the Slaves claimed that Portuguese colonialism produced exceptionally benign and tolerant race relations. This volume radically reinterprets Freyre’s Luso-tropicalist arguments and critically engages with the historical complexity of racial concepts and practices in the Portuguese-speaking world. Encompassing Brazil as well as Portuguese-speaking societies in Africa, Asia, and even Portugal itself, it places an interdisciplinary group of scholars in conversation to challenge the conventional understanding of twentieth-century racialization, proffering new insights into such controversial topics as human plasticity, racial amalgamation, and the tropes and proxies of whiteness.

Contents

• List of Illustrations
• Acknowledgments
• Introduction: Luso-tropicalism and Its Discontents / Warwick Anderson, Ricardo Roque and Ricardo Ventura Santos
• PART I: PICTURING AND READING FREYRE
  • Chapter 1. Gilberto Freyre’s view of miscegenation and its circulation in the Portuguese Empire (1930s-1960s) / Cláudia Castelo
  • Chapter 2. Gilberto Freyre: Racial Populism and Ethnic Nationalism / Jerry Dávila
  • Chapter 3. Anthropology and Pan-Africanism at the Margins of the Portuguese Empire: Trajectories of Kamba Simango / Lorenzo Macagno
• PART II: IMAGINING A MIXED-RACE NATION
  • Chapter 4. Eugenics, Genetics and Anthropology in Brazil: The Masters and the Slaves, Racial Miscegenation and its Discontents / Robert Wegner and Vanderlei Sebastião de Souza
  • Chapter 5. Gilberto Freyre and the UNESCO Research Project on Race Relations in Brazil / Marcos Chor Maio
  • Chapter 6. An Immense Mosaic”: Race-Mixing and the Creation of the Genetic Nation in 1960s Brazil / Rosanna Dent and Ricardo Ventura Santos
• PART III: THE COLONIAL SCIENCES OF RACE
  • Chapter 7. The Racial Science of Patriotic Primitives: Mendes Correia in ‘Portuguese Timor’ / Ricardo Roque
  • Chapter 8. Re-Assessing Portuguese Exceptionalism: Racial Concepts and Colonial Policies toward the Bushmen in Southern Angola, 1880s-1970s / Samuël Coghe
  • Chapter 9. “Anthropo-Biology”, Racial Miscegenation and Body Normality: Comparing Bio-Typological Studies in Brazil and Portugal, 1930-1940 / Ana Carolina Vimieiro Gomes
• PART IV: PORTUGUESENESS IN THE TROPICS
  • Chapter 10. Luso-Tropicalism Debunked, Again: Race, Racism, and Racialism in Three Portuguese-Speaking Societies / Cristiana Bastos
  • Chapter 11. Being (Goan) Modern in Zanzibar: Mobility, Relationality and the Stitching of Race / Pamila Gupta
• Afterword I / Nélia Dias
• Afterword II / Peter Wade

Race After Technology: Abolitionist Tools for the New Jim Code

Polity
May 2019
172 pages
138 x 216 mm / 5 x 9 in
Hardback ISBN: 9781509526390
Paperback ISBN: 9781509526406
Open eBook ISBN: 9781509526437

Ruha Benjamin, Associate Professor of African American Studies
Princeton University

From everyday apps to complex algorithms, Ruha Benjamin cuts through tech-industry hype to understand how emerging technologies can reinforce white supremacy and deepen social inequity.

Far from a sinister story of racist programmers scheming on the dark web, Benjamin argues that automation has the potential to hide, speed, and even deepen discrimination, while appearing neutral and even benevolent when compared to racism of a previous era. Presenting the concept of the “New Jim Code,” she shows how a range of discriminatory designs encode inequity: by explicitly amplifying racial hierarchies, by ignoring but thereby replicating social divisions, or by aiming to fix racial bias but ultimately doing quite the opposite. Moreover, she makes a compelling case for race itself as a kind of tool – a technology designed to stratify and sanctify social injustice that is part of the architecture of everyday life.

This illuminating guide into the world of biased bots, altruistic algorithms, and their many entanglements provides conceptual tools to decode tech promises with sociologically informed skepticism. In doing so, it challenges us to question not only the technologies we are sold, but also the ones we manufacture ourselves.

Boundaries of Love: Interracial Marriage and the Meaning of Race

New York University Press
May 2019
320 pages
16 black and white illustrations
152.40 x 228.60 mm
Cloth ISBN: 9781479878611
Paper ISBN: 9781479831456

Chinyere K. Osuji, Assistant Professor of Sociology
Rutgers, The State University of New Jersey, Camden

How interracial couples in Brazil and the US navigate racial boundaries

How do people understand and navigate being married to a person of a different race? Based on individual interviews with forty-seven black-white couples in two large, multicultural cities—Los Angeles and Rio de Janeiro—Boundaries of Love explores how partners in these relationships ultimately reproduce, negotiate, and challenge the “us” versus “them” mentality of ethno-racial boundaries.

By centering marriage, Chinyere Osuji reveals the family as a primary site for understanding the social construction of race. She challenges the naive but widespread belief that interracial couples and their children provide an antidote to racism in the twenty-first century, instead highlighting the complexities and contradictions of these relationships. Featuring black husbands with white wives as well as black wives with white husbands, Boundaries of Love sheds light on the role of gender in navigating life married to a person of a different color.

Osuji compares black-white couples in Brazil and the United States, the two most populous post–slavery societies in the Western hemisphere. These settings, she argues, reveal the impact of contemporary race mixture on racial hierarchies and racial ideologies, both old and new.

Constructions of race in Brazil: resistance and resignification in teacher education

International Studies in Sociology of Education
Volume 27, 2018 – Issue 2-3: Special Issue: Migration, Borders, and Education: International Sociological Inquiries
pages 307-323
DOI: 10.1080/09620214.2018.1444504

Joel Austin Windle
Department of Modern Languages
Universidade Federal Fluminense, Niteroi, Brazil

Kassandra Muniz
Departamento de Letras
Universidade Federal de Ouro Preto, Mariana, Brazil

This paper reflects on racial identification in Brazil, considering how concepts of race travel internationally and are transformed locally. In light of the silencing of issues of race in Brazilian public education, we analyse the experiences of student teachers of colour participating in a professional development project coordinated by the authors. We report findings of a qualitative study arising from the project, based on reflective journals and interviews, and focusing on processes of racial resignification and resistance. The narratives produced by participants are situated in relation to dominant discourses of racial democracy and mixing, which deny the possibility of a politicised Afro-Brazilian identity. We show how hybrid identifications, drawing on cultural resources and networks that involve transnational circulation, are part of the construction of new social identities in the context of teacher education.

Read or purchase the article here.

Leitner Human Rights Speaker Series: Chinyere Osuji, Rutgers University – cosponsored with the Center on Race, Law and Justice – Boundaries of Love: Interracial Marriage and the Meaning of Race in Brazil and the United States

Leitner Center for International Law and Justice
Fordham Law School
150 West 62nd Street
Room 3-09
New York, New York 10023
2019-04-09, 12:30-13:30 EDT (Local Time)
Contact: leitnercenter@law.fordham.edu

Chinyere Osuji is an Assistant Professor of Sociology at Rutgers University with affiliations in Africana Studies and Latin American and Latino studies. Before coming to Rutgers-Camden, she was a post-doctoral fellow at the University of Pennsylvania Center for Africana Studies.

Chinyere conducts research on the meaning that social actors give to racial and ethnic boundaries. Her first book, Boundaries of Love: Interracial Marriage and the Meaning of Race (April 2019, NYU Press) takes a novel approach to comparing race and ethnicity across societies by examining the experiences of interracial couples. Boundaries of Love relies on 103 qualitative interviews that she conducted with 52 black-white couples between 2008 and 2012 in Los Angeles and Rio de Janeiro (in Portuguese). Through using what she calls a critical constructionist approach, Boundaries of Love compares the experiences of couples involving black men and white women with those of black women with white men in these two diverse, multicultural settings. This book reveals how non-elites in these two post-Atlantic slavery societies employ cultural repertoires that push against, bridge over, blur, dismantle or reproduce ethnoracial boundaries.

Chinyere’s next project will employ the critical constructionist approach to nursing and healthcare. In addition, she will be examining the lives of African immigrants, focusing on how they form community without being spatially concentrated.

For more information, click here.