Mixed Race Studies

Judge strikes down Virginia race requirement for marriage license as unconstitutional

The Washington Post
2019-10-11

Rachel Weiner

Judge Rossie D. Alston Jr. struck down a Virginia law mandating that marriage license applicants state their race. (Bob Brown/AP)

A federal judge on Friday struck down as unconstitutional a Virginia law requiring people to state their race when applying for a marriage license.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Judge Rossie D. Alston Jr. wrote in his opinion in the U.S. District Court for the Eastern District of Virginia. “But like other institutions, the stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most important institution . . . The Constitution of the United States of America.”

The law, Alston found, violates the 14th Amendment right to due process. It is one of his first opinions; he was sworn in as a federal judge in August.

“We’re very pleased, of course,” plaintiffs’ attorney Victor M. Glasberg said. “The only unfortunate part is that it took a United States district judge to strike a Jim Crow provision that the state of Virginia insisted on defending in court.”

…He also disputed the contention that there is no “straight line” between a 1924 state law prohibiting interracial marriage and the requirement to choose a race when getting married. On the contrary, in his order he agreed with Glasberg that the law reflected a racist and segregationist past embodied in the first state registrar of vital statistics, a white supremacist named Walter Plecker…

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Virginia law requiring couples to disclose race is unconstitutional, judge says

Cable News Network (CNN)
2019-10-14

Theresa Waldrop

Brandyn Churchill and Sophie Rogers, left, and Samuel Sarfo and Ashley Ramkishun sued Virginia over a requirement that race be disclosed in marriage license applications.

(CNN) A federal judge ruled that a Virginia law requiring couples to reveal their race in applying for a marriage license is unconstitutional.

The lawsuit against the Virginia State Registrar and others was filed after three couples said they were denied marriage licenses in the state after they refused to check a box disclosing their race on their applications.

Finding that the statute violates the 14th Amendment, Judge Rossie D. Alston wrote in his ruling Friday that requiring the couples “to disclose their race in order to receive marriage licenses burdens their fundamental right to marry,” Alston wrote.

“(T)he statutory scheme is a vestige of the nation’s and of Virginia’s history of codified racialization,” the judge wrote.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Alston wrote. “But like other institutions, that stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most import institution … the Constitution of the United States of America.”…

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Virginia couples no longer have to disclose race on marriage license applications, state attorney general says

The Washington Post
2019-09-14

Hannah Natanson

Sophie Rogers and Brandyn Churchill, who are getting married on Oct. 19, are shown in this engagement photograph in the Napa Valley. (Christophe Genty/Christophe Genty Photography)

Virginia will no longer require couples to identify by race on their marriage licenses, the state’s attorney general announced this week.

Under a new policy — which Attorney General Mark Herring detailed in emails to court clerks and members of the media late Friday — people getting married will be able to select “Declined to Answer” in a box asking about race. Herring also told clerks they must issue a marriage license “regardless of an applicant’s answer or non-answer to that inquiry.”

The new guidance comes about a week after three couples filed a federal lawsuit alleging the required disclosure of race is unconstitutional because it violates the First, 13th and 14th amendments.

“We were happy to help quickly resolve this issue and get these couples what they asked for,” Herring said in his statement. “These changes will ensure that no Virginian will be forced to label themselves to get married.”…

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‘Aryan’ and ‘Octoroon’: Couples challenge racial labels to get married in Virginia

The Washington Post
2019-09-06

Rachel Weiner

Brandyn Churchill and Sophie Rogers are challenging a Virginia requrement to list race when applying for a marriage license. (Christophe Genty/Christophe Genty Photography)

When they applied for a marriage license in Rockbridge County, Va., Brandyn Churchill and Sophie Rogers were told they could not have one unless they each chose a race, from a list that included “Aryan” and “Octoroon.”

The Supreme Court struck down Virginia’s ban on interracial marriage over half a century ago. Yet the mechanism by which that prohibition was enforced remains on the books: a requirement that all would-be newlyweds identify by race. To fill out the form falsely is a felony.

So, weeks away from their planned Oct. 19 wedding at a barn in Fincastle, Va., the couple is challenging the law in Virginia federal court. Joined by two other engaged couples, they argue the law is a racist holdover that has no place in modern marriage.

The suit is part of both efforts to scrape away vestiges of segregation in Virginia and to move away from institutional categorization in both race and gender. The plaintiffs say people should be free in their personal lives to identify by race but shouldn’t be forced to, under the First, 13th and 14th amendments. But the lawsuit raises a more challenging question: Can the government address discrimination without labels created from it?…

…Kevin Maillard, a law professor at Syracuse University who has studied interracial marriage, said that while researchers might use the data, “I don’t know what the compelling reason that the state would have in retaining tracking of those categories would be.”

But he was skeptical of an effort to move away from race altogether.

“I think with the deep history of racial strife we have in the United States, these categories are going to remain incredibly important,” Maillard said. “My mother is racially mixed, but she considers herself a black person.”

Civil rights groups rely on government data to investigate inequality in schools and the criminal justice system and challenge voting restrictions.

“We need data on who people are to see if there are patterns,” said Myrna Pérez of the Brennan Center for Justice…

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Birth certificates have always been a weapon for white supremacists

The Washington Post
2018-09-11

Susan Pearson, Associate Professor of History
Northwestern University, Evanston, Illinois

(Bigstock) (ziimmytws/Bigstock)

Policing the color line through vital documents.

The Trump administration’s decision to revive and expand the Bush and Obama-era practice of denying U.S. passports to Latinos born in South Texas should come as no surprise. From his assault on Barack Obama’s citizenship to his allegations that Mexican immigrants are criminals and rapists to his promise to institute a Muslim ban, Donald Trump has made it abundantly clear that he believes the only true Americans are white.

But long before Trump rode to prominence promoting birtherism, birth certificates were an important instrument for policing the racial boundaries of citizenship. In the Jim Crow era, states used these seemingly innocuous public records to ensure that the rights of citizenship were accessible to white Americans — and no one else.

The best example of this comes from the career of Walter Plecker. Plecker, the state registrar of vital statistics in Virginia from 1912 to 1946, worked with the white-supremacist Anglo-Saxon Clubs of America to persuade the state legislature to pass the 1924 Racial Integrity Act…

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Black Card: A Novel

Catapult
2019-08-13
272 pages
5.8 x 1.2 x 8.3 inches
Hardcover ISBN: 9781948226264

Chris L. Terry

Chris L. Terry’s Black Card is an uncompromising examination of American identity. In an effort to be “black enough,” a mixed-race punk rock musician indulges his own stereotypical views of African American life by doing what his white bandmates call “black stuff.” After remaining silent during a racist incident, the unnamed narrator has his Black Card revoked by Lucius, his guide through Richmond, Virginia, where Confederate flags and memorials are a part of everyday life.

Determined to win back his Black Card, the narrator sings rap songs at an all-white country music karaoke night, absorbs black pop culture, and attempts to date his black coworker Mona, who is attacked one night. The narrator becomes the prime suspect and earns the attention of John Donahue, a local police officer with a grudge dating back to high school. Forced to face his past, his relationships with his black father and white mother, and the real consequences and dangers of being black in America, the narrator must choose who he is before the world decides for him.

Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana

Cambridge University Press
January 2020
320 pages
17 b/w illus. 6 maps 2 tables
228 x 152 mm
Hardcover ISBN: 978-1108480642

Alejandro de la Fuente, Robert Woods Bliss Professor of Latin American History and Economics; Professor of African and African American Studies
Harvard University

Ariela J. Gross, John B. and Alice R. Sharp Professor of Law and History
University of Southern California

Highlights

• Examines the development of the legal regimes of slavery and race in Cuba, Virginia, and Louisiana from the sixteenth century to the dawn of the Civil War
• Demonstrates that the law of freedom, not slavery, determined the way race developed over time
• Draws on a variety of primary sources, including local court records, original trial records of freedom suits, legislative case, and petition

How did Africans become ‘blacks’ in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders’ efforts to make blackness synonymous with slavery. Looking closely at three slave societies—Cuba, Virginia, and Louisiana—Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom—not slavery—established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.

Table of Contents

• Introduction
• 1. ‘A Negro and by consequence an alien’: local regulations and the making of race, 1500s–1700s
• 2. The ‘inconvenience” of black freedom: manumission, 1500s–1700s
• 3. ‘The natural right of all mankind’: claiming freedom in the age of revolution, 1760s–1830
• 4. ‘Rules … for their expulsion’: foreclosing freedom, 1830s–1860
• 5. ‘Not of the same blood’: policing racial boundaries, 1830s–1860
• Conclusion: ‘Home-born citizens: the significance of free people of color.

The Life and Death of an Amazon Warehouse Temp

The Huffington Post
2015-10-21

Dave Jamieson

Jeff and Di-Key with their children, Jervontay, Jeffrey and Kelton (left to right). Family photos courtesy of Di-Key Lockhart.

What the future of low-wage work really looks like.

On Jan. 18, 2013, as the sun went down, Jeff Lockhart Jr. got ready for work. He slipped a T-shirt over his burly frame and hung his white work badge over his broad chest. His wife, Di-Key, was in the bathroom fixing her hair in micro-braids and preparing for another evening alone with her three sons. Jeff had been putting in long hours lately, and so the couple planned a breakfast date at Shoney’s for when his shift ended around dawn. “You better have your hair done by then,” he teased her.

As he headed out the door, Jeff, who was 29, said goodbye to the boys. He told Jeffrey, the most rambunctious, not to give his mom a hard time; Kelton, the oldest, handed his father his iPod for the ride. Then Jeff climbed into his Chevy Suburban, cranked the bass on the stereo system he’d customized himself, and headed for the Amazon fulfillment center in nearby Chester, Virginia, just south of Richmond.

When the warehouse opened its doors in 2012, there were about 37,000 unemployed people living within a 30-minute drive; in nearby Richmond, more than a quarter of residents were living in poverty. The warehouse only provided positions for a fraction of the local jobless: It currently has around 3,000 full-time workers. But it also enlists hundreds, possibly thousands, of temporary workers to fill orders during the holiday shopping frenzy, known in Amazon parlance as “peak.” Since full-timers and temps perform the same duties, the only way to tell them apart is their badges. Full-time workers wear blue. Temps wear white…

…He and Di-Key reconnected in their early 20s. The two made a striking couple—a tall, imposing white guy and his petite African-American girlfriend. “I had a really tough childhood,” says Di-Key. “I didn’t think anyone could love me, but he showed me differently.” She had left school at 17 and had two sons from previous relationships—the oldest, Kelton, is legally blind. “I had a hard time finding a job, and ended up going on assistance,” she says. But after she and Jeff got together, they slowly started to build a more secure life. Jeff pushed Di-Key to get her GED. They had a child together and got married, and Jeff adopted Di-Key’s sons. “He always treated those boys just like they were his own,” says Jeff’s sister, Laura Lockhart. Di-Key worked a series of jobs in retail and office cleaning, and Jeff stayed on at the building supply store. Eventually, they even managed to buy a house—a three-bedroom starter in Hopewell for $86,000. Then, not long after the housing crash, the building supply store closed down, and both Jeff and his father lost their jobs…

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Interracial Marriage in a Southern Area: Maryland, Virginia, and the District of Columbia

Journal of Comparative Family Studies
Volume 8, Number 2, ETHNIC FAMILIES: STRUCTURE AND INTERACTION (SUMMER 1977)
pages 217-241

Thomas P. Monahan, Professor of Sociology
Villanova University, Villanova, Pennsylvania

Representing the Southern tradition, Virginia and Maryland in Colonial times enacted strong laws against racial intermarriage, which continued in force until 1967. For over 100 years the District of Columbia, located between Virginia and Maryland at the North-South borderline, allowed the races to marry without legal restriction. Strong social restraints, nevertheless, existed. How frequently mixed marriages occurred in the District in the past, and in all three jurisdictions after 1967, when such marriages could legally take place anywhere in the United States, is a matter of special interest. What change has there been in the extent and nature of interracial marriage in this geographical area?¹

The Legal Control of Intermarriage

Shortly after the settlement of the English colonies in America, public opinion became antagonistic toward the interbreeding of whites with Negroes, mulattoes, or Indians, and laws were passed to control biological blending and intermarriage of the races (Ballagh, 1902; Johnson, 1919, Guild, 1936; Reuter, 1931:75; Scott, 1930; Wilson, 1965:20; Jordan, 1968:139).

Virginia

Ten years after the importation of a small number of Negro slaves into the colony, the Virginia Assembly in 1630 ordered the sound whipping of one Hugh Davis for lying with a Negress, a heathen (Hening, 1809:1-146; Hurd, 1858:1-229), and in 1640 a Robert Sweet was ordered by the Governor and Council to do penance in church for impregnating a Negro woman, who was to be whipped…

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People of Mixed Ancestry in the Seventeenth-Century Chesapeake: Freedom, Bondage, and the Rise of Hypodescent Ideology

Journal of Social History
Volume 52, Number 3, Spring 2019
pages 593-618
DOI: 10.1093/jsh/shx113

A. B. Wilkinson, Assistant Professor of History
University of Nevada, Las Vegas

This article examines the origins of mixed-race ideologies and people of mixed African, European, and Native American ancestry—commonly identified as mulattoes—in the seventeenth-century English colonial Chesapeake and wider Atlantic world. Arguably, for the better part of the century, English colonial societies in the Chesapeake resembled Latin America and other Atlantic island colonies in allowing a relatively flexible social hierarchy, in which certain mixed-heritage people benefitted from their European lineage. Chesapeake authorities began to slowly set their provinces apart from their English colonial counterparts in the 1660s, when they enacted laws to deter intimate intermixture between Europeans and other ethnoracial groups and set policies that punished mixed-heritage children. Colonial officials attempted to use the legal system to restrict people of mixed ancestry, Africans, and Native Americans in bondage. These efforts supported the ideology of hypodescent, where children of mixed lineage are relegated more closely to the position of their socially inferior parentage. However, from the 1660s through the 1680s, these laws were unevenly enforced, and mixture increased with the growth of African slaves imported into the region. While many mulattoes were enslaved during this period, others were able to rely on their European heritage or racial whiteness. This allowed them to gain or maintain freedom for themselves and their families, before Virginia and Maryland institutionalized greater restrictions in the 1690s.

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