slippery positions

Posted in Articles, Gay & Lesbian, Literary/Artistic Criticism, Media Archive, Women on 2013-05-19 03:45Z by Steven

slippery positions

The State
2013-05-17

Tiana Reid
Columbia University

As a self-defined Black, lesbian, mother, warrior poet, Audre Lorde is the model representative for intersectionality. As such, Sister Outsider: Essays and Speeches has become a ubiquitous text in undergraduate courses, for the theory and practice of intersectionality; a way to look at what women’s studies scholar Leslie McCall calls “the relationships among multiple dimensions and modalities of social relationships and subject formations.” Put crudely, intersectionality is an idea used to explain the links between positions or configurations of oppression. What’s more, as a Caribbean-American (her parents were born in Barbados and Carriacou), we could say Lorde straddled two worlds—or perhaps none at all.

Lorde’s poetry as poetry and not as purely a feminist rubric, however, has been written about far less. In Warrior Poet: A Biography of Audre Lorde, writer and scholar Alexis De Veaux describes the genesis of the poem “Sahara,” published in Lorde’s 1978 book of poems, The Black Unicorn, in a moment while Lorde was on a plane in 1977 that passed over the Sahara desert after making a stop in Madrid to refuel. The poet, flying from New York City, was on her way to Lagos, Nigeria for FESTAC, the Second World African Festival of Arts and Culture. Lorde’s trip to Nigeria is meaningful not simply because the plane ride—the birds-eye view of the vastness of the Sahara—inspired the homonymous poem. By 1977, Nigeria had emerged as what De Veaux calls the “richest black-ruled nation” in Africa because of oil wealth. Bringing together Black activists, academics, writers, artists and spectators, FESTAC acted as a transnational spectacle establishing new political, literary and racial grounds.

What’s most significant here is that despite the literal and symbolic coming together of a black diasporic vision in the name of arts and culture, Lorde stayed on the fringes and felt separate from some sense of a monolithic group identity, an identity based seemingly solely on race—and not gender or sexuality. Lorde’s participation and view on FESTAC is mostly shrouded in mystery but what we do have is the poem “Sahara.” I read “Sahara” through Lorde’s trip to FESTAC and thus, envision landscapes of diaspora as heterogeneous and transformative. Her hesitation toward FESTAC parallels the poem’s fluctuating hesitation toward the Sahara desert. I say hesitation rather than outright fear despite the all-encompassing terror that can be gleaned from Lorde’s approach to the masculine desert: “grief of sand… male sand / terrifying sand.” The hesitation emerges from the heterogeneous incarnations sand is allowed to take. Rocks, what sand is made of, take millions and millions of years to become sand, meaning the image of a desert can’t be separated from its process, from its formation through finely divided particles, a prolonged breaking down…

Read the entire article here.

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Assuming Responsibility for Who You Are: The Right To Choose “Immutable” Identity Characteristics

Posted in Articles, Gay & Lesbian, Law, Media Archive, United States on 2013-05-01 05:15Z by Steven

Assuming Responsibility for Who You Are: The Right To Choose “Immutable” Identity Characteristics

New York University Law Review
Volume 88, Number 1 (April 2013)
pages 373-400

Anthony R. Enriquez
New York University School of Law

Golinski v. U.S. Office of Personnel Management, a district court case challenging the constitutionality of the Defense of Marriage Act, explicitly adopted a novel definition of immutability under the Equal Protection Clause. Now held in abeyance pending the Supreme Court’s decision in United States v. Windsor, Golinski’s discussion of immutability remains relevant because it articulated the rationale behind a number of recent lower court decisions in equal protection jurisprudence that reach beyond the context of sexual orientation. Such decisions turn away from talismanic protection of immutable characteristics determined by birth, and toward the right of all persons to choose fundamental aspects of their identity. They disavow “biological immutability,”—the traditional view of immutability which refers to a characteristic one cannot change, “determined solely by the accident of birth”—and instead rely on asylum law’s definition of immutability: not exclusively a characteristic one cannot change, but also a chosen characteristic that one should not be forced to change because it is fundamental to identity. This Note argues that asylum law’s “fundamental immutability” standard belongs in equal protection jurisprudence because it resolves inconsistencies in traditional equal protection jurisprudence caused by a biological immutability standard and because it harmonizes recent lower court opinions discussing race- and gender-related equal protection in an era of increased multiracial, intersex, and transgender visibility.

  • INTRODUCTION
  • I. THE SOMETIMES-MUTABLE NATURE OF RACE AND SEX REVEALS INCONSISTENCIES IN EQUAL PROTECTION DOCTRINE
    • A. Mutable Race
    • B. Mutable Sex
  • II. ASYLUM LAW’S DEFINITION OF IMMUTABILITY CURES INCONSISTENCIES IN EQUAL PROTECTION DOCTRINE
    • A. A Closer View of Asylum Law’s Fundamental Immutability
    • B. A Number of Courts Recognize that the Equal Protection Clause Protects the Individual’s Right to Choose Fundamental Characteristics of Identity
  • III. SEXUAL ORIENTATION IS A FUNDAMENTAL CHARACTERISTIC OF IDENTITY
    • A. Asylum Law Holds That Sexual Orientation is a Fundamental Characteristic of Identity
    • B. The Fundamental Liberty to Engage in Same-Sex Sexual Conduct Reflects the Constitutional Understanding that Sexual Orientation is a Fundamental Characteristic of Identity
  • CONCLUSION

INTRODUCTION

Gay rights advocates and opponents tend to hold distinct views on homosexuality’s origins. Advocates commonly contend that sexual orientation is not a choice,1 while at least one political opponent of gay rights has insisted that “[h]omosexuality . . . [is] about sexual freedom, and they hate to be called on [it].” Coming from the camps that they do, these hardline views of homosexuality as pre-determined compulsion or free choice might strike some as ironic: Liberation was once a watchword of the gay rights movement and freedom isn’t commonly thought of as a dirty word when used by political conservatives. Regardless of the accuracy of either claim, the portrayal of homosexuality as an inborn condition likely serves legally strategic ends. It brings gays one step closer to suspect class status under the Equal Protection Clause of the Fourteenth Amendment, potentially imperiling any law in the nation that treats gays as a class differently than non-gays. This is because a law that treats people differently based on their membership in a suspect class is subject to heightened judicial scrutiny and must be at least substantially related to an important government interest to avoid being struck down as unconstitutonal…

…A. Mutable Race

The traditional belief that race is an immutable characteristic dependent solely on birth is rooted in the idea that race is defined by lineage, physiognomy, and other physical characteristics. Accordingly, a person born to Black parents is Black, or a person with a certain eye shape, hair texture, or skin color is White. This absolutist view holds less force today, however, because a substantial number of Americans of mixed racial lineage present racially ambiguous physical characteristics. These people can choose a particular racial identity that differs depending on the particular social, professional, or legal context.

The law’s struggle to keep pace with the growing reality of racial self-identification is tied to the United States’s long history of racial subordination. Traditional absolute racial categorizations were essential to legal and social ordering in a society that divided rights by race, determining who was a person and who was property in antebellum America. Most American states prior to the Civil War implemented legal definitions of race, either statutory or judicially constructed, to codify underlying social understandings.

Still, long before contemporary trends of racial self-identification, the law acknowledged that racial identification was not shaped by lineage or physiognomy alone. In the decade leading up to the Civil War, for example, the Virginia legislature—facing increasing outside resistance to the use of slave labor and long prohibited from importing new slaves—debated a proposal to expand its enslaveable population by amending the state definition of Black from having one Black grandparent to having one Black ancestor at any time in history. Virginia’s legislative history provides but one example that race was never determined solely by birth; it was instead the combination of lineage and historically contingent, mutable social understandings which shape the meaning of that lineage, equating Black racial membership with a Black parent, a Black grandparent, or a distant Black ancestor, as the social context required.

Today, the United States government has essentially abandoned the practice of imposing racial identity on Americans, instead relying largely on voluntary self-identification to keep track of racial data. The government’s retreat has left Americans with two principal methods of racial categorization: voluntary self-identification and involuntary identification by third parties, a byproduct of social interaction resulting from an observer’s imposition of racial identity as associated with physiognomy. Voluntary racial self-identification is standard in the census, federal recordkeeping measures, and educational programs seeking to attract diverse entrants. Involuntary racial identification occurs when a third party presumptively correlates skin tone or other physical characteristics with an individual’s race.

For the majority of people, the presumption created by an onlooker’s perception will likely match an individual’s voluntary racial self-identification: Most people will likely accurately identify a person who self-identifies as White based on physical features alone. But for people of racially ambiguous physical characteristics, such as light-skinned Blacks and Latinos, voluntary racial identification is a regular phenomenon of social interaction. Extensive literature documents the accounts of light-skinned individuals who pass as White, voluntarily assuming racially coded patterns of speech and dress. The United States also has a storied legal history that records individuals’ attempts to manipulate racial identity through voluntary action, including one of the Supreme Court’s most infamous holdings: Plessy v. Ferguson.

Homer Plessy insisted in his petition to the Court “that the mixture of colored blood was not discernible in him, and that he was entitled to every recognition, right, privilege, and immunity secured to the citizens of the United States of the White race by its Constitution and laws . . . .” Plessy’s claim was that the amount of “colored blood” he had—a singular Black grandparent—was so negligible that he was White. Today, modern Americans might assume someone with his physical characteristics—someone in whom “the mixture of colored blood was not discernable”—to be White. If Homer Plessy self-identified as Black and expressed it to others he could dispel that assumption, assuming belief of his claim. But he could just as easily keep silent and choose a White identity, or choose specific contexts in which to assert a White, Black, or mixed racial identity.

Here, it yields an absurd result to interpret the Court literally when it says that in order for a racial classification to be suspect, race must be an immutable characteristic traceable solely to birth: Because Plessy’s racial identity would be a matter of personal choice rather than dependant solely on birth, he would presumably fall outside of heightened scrutiny’s ambit. But “[r]acial discrimination . . . would not suddenly become constitutional if medical science developed an easy, cheap, and painless method of changing one’s skin pigment,” as one court has recognized; nor should it be constitutional as applied to the growing number of Americans who choose to identify as a particular race at their own discretion.

Just as indefensible is the suggestion that these Americans could avoid racial discrimination by keeping silent about their minority racial identity and passing as White. This would grant government the power to impose an individual’s racial identity by assigning a penalty to voluntary racial minority self-identification…

Read the entire article here.

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Interview: Nia King, “Bodies on the Line”

Posted in Articles, Arts, Gay & Lesbian, Interviews, Media Archive, Women on 2013-04-29 01:14Z by Steven

Interview: Nia King, “Bodies on the Line”

Mixed Reader: A blog of mixed race literature
2013-04-27

Tali Weinberg

Nia King is multimedia producer with a passion for social justice. She started out as a zinester writing about mixed-race identity, made a short film about searching for trans-friendly housing in the Bay Area, and has recently transitioned into journalism. Her ongoing projects include a web comic about her interracial relationship, and a podcast about queer and trans art activists of color. Feminist textile artist Tali Weinberg, an MFA student at California College of Art, recently interviewed Nia for part of her thesis on women art activists in the Bay Area. Below is an abridged transcript of the interview.

Do you consider yourself part of a certain activist or artistic lineage?

 As a queer, mixed-race woman of color who’s an ex-punk and an ex-anarchist I feel like there’s lots of different things that I draw from, some of which have nothing to do with my identity. Jaime Hernandez is definitely my biggest influence in terms of my comics. He and his brother do a series of comics called Love and Rockets. His branch of the Love and Rockets franchise is about these two young queer punk rockers growing up outside LA, I think one of them is Chicana and the other is Colombian and Scottish. For me as a young punk growing up in a white scene, seeing queer women of color represented in comics as actual people was a really amazing thing.

 I also really love the visual art. Every panel looks like something you could put up on a wall, which is not something you see with all comics. There’s a really strong graphic style with a lot of solid black and white shapes that are really sort of distinct visually and that’s something I also really draw from…

Read the entire interview here.

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Won’t Somebody Think of the Children

Posted in Articles, Gay & Lesbian, Law, Media Archive, Social Science, United States on 2013-03-30 04:00Z by Steven

Won’t Somebody Think of the Children

Slate
2013-03-27

Brian Palmer, Slate’s Chief Explainer

Do opponents of marriage equality always claim that they’re merely worried about the kids?

During yesterday’s oral arguments over the constitutionality of California’s ban on gay marriage, Justice Antonin Scalia claimed that there is “considerable disagreement among sociologists” as to whether being raised by a same-sex couple is “harmful to the child.” The lawyers arguing the case repeatedly brought up the landmark 1967 decision Loving v. Virginia, which struck down interracial marriage bans. Did supporters of the ban argue that interracial marriage was harmful to children in that case, too?

Absolutely. The state of Virginia presented two arguments in support of its interracial marriage ban in 1967. The first was that the authors of the 14th Amendment to the Constitution explicitly stated that they did not intend to strike down anti-miscegenation laws, which were common in the 19th century. The second argument was that interracial marriages were uniquely prone to divorce and placed undue psychological stress on children

Read the entire article here.

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AAS 550: Asian Americans of Mixed Heritages

Posted in Asian Diaspora, Course Offerings, Gay & Lesbian, Identity Development/Psychology, Law, Media Archive, Social Science, United States on 2013-03-25 19:57Z by Steven

AAS 550: Asian Americans of Mixed Heritages

San Francisco State University
Spring 2012

Wei Ming Dariotis, Associate Professor of Asian American Studies

This is an interactive, dynamic course taught in a seminar style with an expectation of active student participation. Group work and interaction are emphasized in order to provide students with real life problem solving opportunities. Creative and analytical approaches are both emphasized through Reading Response Essays, a Midterm Group Play, Research Portfolio and related Presentation, and Final Class Project (creating a Hapa Children’s Book). Topics covered in this course may include a selection of the following:

  • The history of anti-miscegenation in the US, particularly as such laws relate to the Asian Pacific American experience; stereotypes of APIs [Asian-Pacific Islanders] of mixed heritage
  • the history of US and European war and colonialism in relation to APIs of mixed heritage
  • the “war bride” phenomenon
  • TransRacial/transnational adoption; Hapas in Hawai’i
  • Double Minority Hapas
  • Queer Hapas
  • Hapa Bodies (body image and health issues)
  • Hapa Creative/Cultural expression
  • Mixed Heritage activism and social and political organizations

This course explores the Historical, Cross-Cultural and Global Contexts relevant to Asian Pacific Americans of mixed heritage. AAS 550 is designed to present students with cross cultural and historical perspectives which will permit students to empathize with Asians Pacifics of mixed heritage, across a wide variety of historical circumstances and personal experiences. The inherently multiethnic nature of the subject matter allows students to develop an appreciation of an emerging sub-dominant group (APIs of mixed heritage or Hapas) and recognition of the fundamental unity of humankind…

For more information, click here.

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Beyond Loving: Intimate Racework in Lesbian, Gay, and Straight Interracial Relationships

Posted in Books, Gay & Lesbian, Media Archive, Monographs, Social Science on 2013-02-08 01:39Z by Steven

Beyond Loving: Intimate Racework in Lesbian, Gay, and Straight Interracial Relationships

Oxford University Press
2012-08-07
240 pages
6-1/8 x 9-1/4
ISBN13: 9780199743568; ISBN10: 0199743568

Amy C. Steinbugler, Assistant Professor of Sociology
Dickinson College, Carlisle, Pennsylvania

Beyond Loving provides a critical examination of interracial intimacy in the beginning decades of the twenty-first century—an era rife with racial contradictions, where interracial relationships are increasingly seen as symbols of racial progress even as old stereotypes about illicit eroticism persist. Drawing on extensive qualitative research, Amy Steinbugler examines the racial dynamics of everyday life for lesbian, gay, and heterosexual Black/White couples. She disputes the notion that interracial partners are enlightened subjects who have somehow managed to “get beyond” race. Instead, for many partners, interracial intimacy represents not the end, but the beginning of a sustained process of negotiating racial differences. Her research reveals the ordinary challenges that partners frequently face and the myriad ways that race shapes their interactions with each other as well as with neighbors, family members, co-workers and strangers. Steinbugler analyzes the everyday actions and strategies through which individuals maintain close relationships in a society with deeply-rooted racial inequalities-what she calls “racework.” Beyond Loving reveals interracial intimacy as an ongoing process rather than a singular accomplishment. This analytic shift helps us reach a new understanding of how race “works” – not just in intimate spheres, but across all facets of contemporary social life.

Features

  • Interviews with same-sex interracial couples–a topic on which there is very little research—allow Steinbugler to examine for the first time how everyday racial practices are shaped by sexuality and gender.
  • Amy Steinbugler challenges the widespread assumption that interracial intimacy represents the ultimate erasure of racial differences.

Table of Contents

  • Acknowledgements
  • Introduction
  • Chapter 1: The Historical Roots of Lesbian, Gay, and Heterosexual Black/White Intimacy
  • Chapter 2: Public Interraciality: Navigating Racially Homogeneous Social Spaces
  • Chapter 3: Public Interraciality: Managing Visibility
  • Chapter 4: Intimate Interactions: Racework as Emotional Labor
  • Chapter 5: Interracial Identities: Racework as Boundary Work
  • Chapter 6: White Racial Identities Through the Lens of Interracial Intimacy
  • Conclusion: The Intimate Politics of Interraciality
  • Appendix A. Research Methods
  • Appendix B. Respondent Characteristics
  • Table 1. Design of Interview Sample
  • Table 2. Sample Details by Group
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Beyond Selma-to-Stonewall

Posted in Articles, Barack Obama, Gay & Lesbian, Law, Media Archive, Politics/Public Policy on 2013-01-29 01:57Z by Steven

Beyond Selma-to-Stonewall

The New York Times
2013-01-27

By including gay rights in the arc of the struggle for civil rights — the road “through Seneca Falls and Selma and Stonewall” — President Obama linked his presidency to ending antigay discrimination and underscored the legal wrong of denying gay people the freedom to marry.

 “Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law,” Mr. Obama famously said in his second Inaugural Address, “for if we are truly created equal, then surely the love we commit to one another must be equal as well.”

Now that Mr. Obama has declared that he believes denying gay people the right to wed is not only unfair and morally wrong but also legally unsupportable, the urgent question is how he will translate his words into action. To start, he should have his solicitor general file a brief in the Proposition 8 case being argued before the Supreme Court in March, saying that California’s voter-approved ban on same-sex marriage is unconstitutional…

…ust a day after the inauguration, Mr. Obama’s spokesman, Jay Carney, said that while Mr. Obama supports same-sex marriage as a policy matter, the president still believes it is an issue for individual states to decide. That was Mr. Obama’s formulation when he first announced his support for same-sex marriage in May, and even then it made no sense, except perhaps as political cover approaching the general election campaign.

Marriage is traditionally regulated by the states, but there are constitutional limits on what states may do. The Supreme Court’s 1967 ruling in Loving v. Virginia prevented states from forbidding marriages between interracial couples like Mr. Obama’s own parents…

Read the entire opinion piece here.

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The Family Flamboyant: Race Politics, Queer Families, Jewish Lives

Posted in Books, Family/Parenting, Gay & Lesbian, Judaism, Media Archive, Monographs, Religion, United States on 2013-01-01 20:35Z by Steven

The Family Flamboyant: Race Politics, Queer Families, Jewish Lives

SUNY Press
October 2006
244 pages
Hardback ISBN10: 0-7914-6893-3; ISBN13: 978-0-7914-6893-7
Paperback ISBN10: 0-7914-6894-1; ISBN13: 978-0-7914-6894-4
eBook ISBN10: 0-7914-8106-9; ISBN13: 978-0-7914-8106-6

Marla Brettschneider, Professor of Political Philosophy, Feminist Theory, Political Science & Women’s Studies
University of New Hampshire

Winner of a Bronze Medal in the Gay/Lesbian Category of the 2007 Independent Publisher Book Awards

Interrogates the normative heterosexual family from feminist, Jewish, and queer perspectives.

The Family Flamboyant is a graceful and lucid account of the many routes to family formation. Weaving together personal experience and political analysis in an examination of how race, gender, sexuality, class, and other hierarchies function in family politics, Marla Brettschneider draws on her own experience in a Jewish, multiracial, adoptive, queer family in order to theorize about the layered realities that characterize families in the United States today. Brettschneider uses critical race politics, feminist insight, class-based analysis, and queer theory to offer a distinct and distinctly Jewish contribution to both the family debates and the larger project of justice politics.

Table of Contents

  • Acknowledgments
  • Introduction: K-I-S-S-I-N-G
  • 1. Whitens Whites, Keeps Colors Bright: Jewish Families Queering the Race Project
  • 2. Jew Dykes Adopting Children: A Guide to the Perplexed
  • 3. Going Natural: The Family Has No Clothes
  • 4. Questing for Heart in a Heartless World: Jewish Feminist Ruminations on Monogamy and Marriage
  • Epilogue: Justice and La Vida Jew . . . in Technicolor Queer
  • Notes
  • Bibliography
  • Index
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Same-Sex Issue Pushes Justices Into Overdrive

Posted in Articles, Gay & Lesbian, Law, Media Archive, United States on 2012-12-11 02:32Z by Steven

Same-Sex Issue Pushes Justices Into Overdrive

The New York Times
2012-12-09

Adam Liptak, Supreme Court Correspondent

In the civil rights era, the Supreme Court waited decades to weigh in on interracial marriage. On Friday, by contrast, the court did not hesitate to jump into the middle of one of the most important social controversies of the day, agreeing to hear two cases on same-sex marriage.

By taking both, the court gave itself the chance to issue a sweeping ruling that would cast aside bans on same-sex marriage nationwide. But the speed with which the court moved also raised the possibility of a split decision, one that would provide federal benefits to same-sex couples married in states that allow such unions but would permit other states to forbid gay and lesbian couples from marrying…

…In private correspondence in 1957, Justice Felix Frankfurter said the court was doing all it could to avoid hearing cases that would require giving the nation an answer about whether bans on interracial marriage — anti-miscegenation laws, in the parlance of the day — were constitutional.

“We twice shunted it away,” Justice Frankfurter wrote to Judge Learned Hand, “and I pray we will be able to do it again without being too brazenly evasive.”

Judge Hand responded that “I don’t see how you lads can duck it.”

But Justice Frankfurter was unpersuaded.

“I shall work, within the limits of judicial decency,” he wrote, “to put off decision on miscegenation as long as I can.”

The Supreme Court did not strike down laws banning interracial marriage until 1967, in Loving v. Virginia, when 16 states still had them on the books. That was almost two decades after the California Supreme Court in 1948 struck down a law making illegal “all marriages of white persons with Negroes” in Perez v. Sharp.

It has been just four years since the California Supreme Court, citing Perez, struck down two state laws limiting marriage to a man and a woman…

Read the entire article here.

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The Sexualization of Difference: A Comparison of Mixed-Race and Same-Gender Marriage

Posted in Articles, Gay & Lesbian, Law, Media Archive, United States on 2012-10-12 03:22Z by Steven

The Sexualization of Difference: A Comparison of Mixed-Race and Same-Gender Marriage

Harvard Civil Rights-Civil Liberties Law Review
Volume 37, Number 2, Summer 2002
pages 255-288

Josephine Ross, Associate Professor of Law; Supervisor, Criminal Justice Clinic
Howard University, Washington, D.C.

I. Introduction: Mixed-Race Love as a Sexual Orientation

The past prohibition of mixed-race marriages in many U.S. states is often cited by those who support civil recognition of same-sex marriages. Advocates and scholars reason that just as it is no longer legal to deny marriage licenses on the basis of race, it should be illegal to deny marriage licenses on the basis of sex. Unfortunately, the comparison usually stops there. No effort has been made by the legal community to examine the actual lives of these two groups of outsider couples to see if the comparison holds together descriptively as well as formalistically. Nor have contemporary attitudes towards same-sex couples been compared to historical data detailing attitudes towards mixed-race sexuality during the time that mixed-race relationships were illicit. This Article will compare heterosexual mixed-race and same-sex unions (both mixed-race and monorace) in the context of history, both legal and cultural. The historical treatment of mixed-race marriages in this country supplies important information regarding the way society marginalizes certain relationships, and the connection between deprivation of marriage rights and the sexualization of relationships.

To say that a relationship is “sexualized,” means it is viewed as essentially sexual, and is not seen to be about commitment, communication or love. To understand what I mean by the word “sexualized,” consider certain reactions to an elementary school teacher who came out to his class in Newton, Massachusetts. When asked if he was married, the teacher responded that he was not, but that if he were to live with someone, he would live with a man that he would “love the way your mom and dad love each other.” This response gave rise to a parent’s complaint that the teacher had talked inappropriately about “sex;’ That story nicely encapsulates what I mean by the sexualization of same-sex love. If the teacher had answered that he would like to marry a woman whom he would “love the way your mom and dad love each other,” no one would have sexualized his response.

My argument is that the sexualization of gay relationships is similar to the way interracial relationships were sexualized in the past. For both, sexualization is a cause as well as a symptom of disempowerment. In the 1970s, social scientists began to describe the continued sexualization of black-white relationships in the United States from the time of slavery through the decade following the Supreme Court’s 1967 decision in Loving v. Virginia. They noted that narrative discourse around mixed-race couples was sexualized, and that mixed-race love was viewed as something pornographic and essentially different from mono-race love. Social scientists uncovered attitudes towards mixed-race couples by family members and society at large that I believe mirror attitudes towards same-sex couples.

Part II of this Article provides clues to the link between the sexualization of relationships that trespass on societal norms, and the deprivation of power and rights. Section A explores how mixed-race relationships were sexualized in the past, while Section B examines how the law has been used to restrict both mixed-race and gay couples. Section B also explores the cases that predate Loving and the reasons for denying recognition to mixed-race marriages. Those reasons are compared to arguments made by marriage opponents in same-sex marriage cases today.

Part III considers similarities in the lives of gay couples and mixed-race couples in order to demonstrate that analogizing the issue of marriage as it relates to each group is not merely a trick of logic. Section A examines the analogy between Loving v. Virginia and same-sex marriage cases. Section B reviews recent social science data that illustrates many parallel experiences of outsider couples, including the reactions of family members and society, the ways non-traditional couples cope with those negative reactions, and the reasons couples commit to one another despite adversity. By comparing mixed-race and same-sex couples, one can learn a good deal about the way society grants status and safety to certain relationships while marginalizing others.

Part IV asks whether the term “sexual orientation” should be expanded to include those in mixed-race, heterosexual relationships. How one answers this question will shed light on whether the phrase “sexual orientation” is a useful or accurate term when applied to those in gay relationships.

In the Conclusion to this Article, I urge scholars to desist from sexualizing gay relationships. Like mixed-race couples, same-sex partners are not necessarily any more sexual than their heterosexual counterparts. Gay couples, like mixed-race couples, are different not because of what they do or do not do in the bedroom, but because of the meaning ascribed to these couples in supermarkets, in dance halls, and in PTA meetings. Advocates and scholars should learn from past sexualization of mixed-race love and consider more accurate and less sexualized means to characterize same-sex love and relationships…

…The ban on mixed-race marriage did not eliminate sexual activity, but affected the nature of the sexuality, making it secret, closeted and sinful. In the case of white men and black women, the taboo distorted their relationships, suppressing affection or the appearance of affection, rendering them sexual liaisons only. As sociologist [Calvin C.] Hernton wrote, a white man “can sleep with [a black lover] discreetly, give her mulatto babies, but in all of this he must never act as if he loves her.”

Although the apartheid system in this country was intended to prevent access to white women by black men, the system was not completely successful. Hernton documented in his personal life and in his work a great deal of sexual activity between white women and black men in this era. In his opinion, women were often the aggressors because they were the ones with power during segregation. Jim Crow laws could even be said to aid the women’s conquest because although there were dreadful consequences for black men who consented and were discovered, men were sometimes more afraid to resist for fear they would be framed as rapists and face mob violence. As with white men’s liaisons with black women, the interracial sex taboo served to make liaisons between white women and black men purely sexual and clandestine…

Read the entire article here.

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