Mixed Race Studies

Undoing Race? Reconciling Multiracial Identity with Equal Protection

Lauren Sudeall Lucas, Assistant Professor of Law
Georgia State University College of Law

California Law Review
Volume 102, Number 5 (October 2014)
pages 1243-1302

The number of multiracial individuals in America, many of whom define their racial identity in different ways, has grown dramatically in recent years and continues to increase. From this demographic shift a movement seeking unique racial status for multiracial individuals has emerged. The multiracial movement is distinguishable from other race-based movements in that it is primarily driven by identity rather than the quest for political, social, or economic equality. It is not clear how equal protection doctrine, which is concerned primarily with state-created racial classifications, will or should accommodate multiracialism. Nor is it clear how to best reconcile the recognition of individual identity with the continuing need to address group-based racial discrimination and subordination. In this Essay, I explore the potential impact of multiracialism-and multiracial identity in particular-on the future of racial classifications under equal protection doctrine.

As a framework for its analysis, the Essay invokes two theories used to interpret the meaning of equal protection: antisubordination and anticlassification. Viewed solely through the lens of multiracial identity, the common normative understanding of these two approaches contorts. While antisubordination is often perceived as more beneficial for groups battling entrenched racial hierarchy, it may facilitate unique harms for multiracial individuals seeking to carve out a racial identity distinct from traditionally defined racial categories. And although anticlassification is often viewed by progressives as detrimental to the pursuit of true racial equality, it may lend more support to policies of racial self-identification and the recognition of a unique multiracial identity. A looming danger, therefore, is that anticlassification advocates wishing to dismantle frameworks rooted in traditional notions of race may exploit multiracialism to “undo” race and to undermine the use of racial classifications altogether.

In response to that possibility, this Essay argues that although law and identity inevitably inform and impact one another, they also serve distinct purposes that should not be improperly conflated in the context of multiracialism. The construction of identity is ultimately a very personal endeavor, and although legal recognition may be one aspect of identity, in the area of race, the law has a more powerful function to play in preventing racial subordination. Where possible, the law should accommodate multiracial individuals who wish to define their own racial identity, but as long as it remains more aspirational than realistic, the individual’s perception of race should not be used or manipulated to undermine the use of racial classifications to counter societal race discrimination.

• Introduction
  • I. Multiracialism and Multiracial Identity
    • A. Historical Treatment of Multiracialism
    • B. The Emergence of Multiracial Identity
      • 1. The Numbers: Measuring Multiracials
      • 2. The Multiracial Movement
    • C. The Nature of Multiracial Identity
    • D. Consequences of Identity
  • II. Equal Protection and Multiracial Identity
    • A. The Meaning of Equal Protection: Anticlassification and Antisubordination
    • B. Viewing Equal Protection Through the Multiracial Identity Lens
  • III. Reconciliation: Undoing Race?
    • A. The Temptation Toward Anticlassification
    • B. Untangling Identity from Doctrine
• Conclusion

Read the entire article here.

Monday Murder Mystery: Everything I Never Told You

Daily Kos
2014-11-24

Susan Grisby

Everything I Never Told You: A Novel by Celeste Ng; Published by Penguin Press; June 26th 2014. 297 pages

Families are probably the most mysterious strangers we will ever know. Sure, we know their names and that one is a brother or a father or sister or mother, but our image of them is one that we form very young and rarely re-evalutate.

My older brother used to drive down from Northern California to spend the Thanksgiving weekend with us every year starting about fifteen years ago. For many years before that, we really did not like each other very much. Mostly because we were still clinging to the images that we had carried from childhood.

Strange how that works. Although I had allowed myself to change and grow, my family members always seemed static in my mind. I learned to break through those images to re-discover who these people are that I call my relatives as did my older brother. We became very close friends and I miss him every year around this time.

Having lived family drama, I wasn’t much interested in a mystery that focused on it, and so allowed this one to sit on my metaphorical nightstand for way too long before I finally picked it up and started reading.

Lydia is dead. But they don’t know this yet. 1977, May 3, six thirty in the morning, no one knows anything but this innocuous fact: Lydia is late for breakfast.

And so begins one of the most remarkable debut novels that I have ever read for this series. A 16 year-old girl disappeared one morning in 1977. Later, her body is found in a nearby lake in the small Ohio town where the family lives. Accident, murder, or suicide?

Celeste Ng smoothly alternates points of view and switches back and forth between the fifties, sixties and seventies to introduce us to the main characters of the Lee family.

James Lee is a first generation Chinese American who was a teaching assistant at Harvard when he met Marilyn Walker, a Virginia student, studying to fulfill her dream of becoming a doctor. They fall in love, she gets pregnant, they marry and move to Ohio where James takes a teaching position at Middlewood College and Marilyn, having put aside her own career ambitions, raises their three children, Nathan, Lydia and Hannah…

Read the entire review here.

Movie “Little White Lie” Creator Lacey Schwartz Talks Not Knowing She Was Black [VIDEO]

Ebro in the Morning
HOT 97, WQHT 97.1 FM
New York, New York
2014-11-26

Ebro Darden, Co-Host

Peter Rosenberg, Co-Host

Laura Stylez, Co-Host

Could you imagine living your entire life not knowing your true ethnic background? Movie director Lacey Schwartz can. Watch her talk about her new film “Little White Lie” and more:

[00:07:02] Ebro Darden: I existed in a world where I didn’t really… my mother’s mother had passed… when she was young. My mother’s father didn’t acknowledge me at all. Um, and even to this day, my mother likes to debate it as if he didn’t acknowledge me for some other reason other than race…

Lacey Schwartz: Hmm. Hmm.

Darden: When it was really race. When it was straight-up the fact that she had a son who was half-black.

Schwartz: Yeah.

Darden: Some of her step-siblings were cordial, but it wasn’t like a full embrace. So I got embraced mostly by my father’s side of the family…

Schwartz: Hmm. Hmm.

Darden: That’s how I was raised. That was the culture I was around. Which obviously plays itself out now… Um, in some ways because I consider myself black. I’m mixed-race, but I consider myself black. There are mixed-race individuals though, who consider themselves mixed, other, whatever, blah, blah, blah…

Schwartz: Yeah.

Darden: But I did just hear you say that you consider yourself “black.”

Schwartz: I do. I consider myself black. I consider myself biracial too. But for me—I’m not trying to define it for other people—because as you just said, other people feel differently. But, I look at being biracial as a category of being black.

Darden: And why is that?

Schwartz: You know, I think it really comes down to feeling like a person of color… like “other.” You know, and this ideal that whiteness so much is not really embraced or fully identified in this country, you know it is almost looked at as a neutral. And I don’t feel neutral. You know so, do I think that there’re elements of me that is connected to the fact that I grew up white. And I do think that I have a unique experience. That I grew up white and I do know what it is to be black, I identify as black…

Mixed-Race Identity, Ferguson & Why it Matters to Us

Mixed In Canada
2014-11-25

Rema Tavares

By now you probably already know that Darren Wilson wasn’t indicted yesterday, November 24th, 2014 for murdering unarmed Black youth Mike Brown on August 9th, 2014. Ever since that day, folks around the world have been showing their support, as well as massive hatred, towards the Brown family. Today in Canada, there will be protests in Toronto & Vancouver as well as in Hamilton on December 1st. So what does this mean to us, mixed-race identified people? While I can’t speak on behalf of all mixed-race identified people, here are some thoughts that come to mind about how it affects us.

NON BLACK-MIXED FOLKS: Show your solidarity to your Black-mixed brothers, sisters & trans* siblings. Black and Indigenous folks (mixed-identified or not) face the most heinous forms of state-sanctioned violence around the world and here in Canada. Our struggle is your struggle, just as yours is ours, all oppression is connected. #IdleNoMore #BlackLivesMatter

FOLKS MIXED WITH WHITE: Calling out white supremacy does not mean that you don’t love your white family. If anything, seeing our friends and family as real people with flaws, is true love. We have all been raised in this system, we are all complicit. Let us remember that the revolution starts at home.

BLACK MIXED FOLKS: Make sure to take care of yourself and if you can, reach out to our brothers, sisters & trans* siblings. Take time for self care and care of the community…

Read the entire article here.

In Response to #Ferguson

One Drop of Love
2014-11-25

Fanshen Cox DiGiovanni

I spent yesterday, like so many of my friends and family, wavering between deep sadness and deep anger. I understand that, because I was a witness to a family member being brutalized by a police officer, I have a different perspective than those who have not either been the victim of police brutality, or a witness to it. I would like to think that I would still have the same passionate feelings, whether or not I had this experience…

Read the entire article here.

“We’ve sexualised or pornographied mixed race. It’s a very narrow line between exoticisation and sexualisation, fetishisms—where you turn all non-white people into people who exist simply into your own pleasure.

She said that “a person who is half white is more “palatable” and acceptable in society – an idea, she believed, is steeped in racism and prevalent since colonisation.

“Colonialism has circulated the idea that white is best. White is at the top of a kind of hierarchy of humanity… If you believe there is a hierarchy of races, which is what racism is about, a little bit of white is more palatable,”—Dr. Julie Matthews

Lin Taylor, “How far have we come in our acceptance of mixed race people?,” Special Broadcasting Service (SBS), November 14, 2014. http://www.sbs.com.au/news/article/2014/11/10/how-far-have-we-come-our-acceptance-mixed-race-people.

Bill: New Yorkers could identify as multiracial

The Associated Press
2014-11-25

Jonathan Lemire, City Hall and Political Reporter

NEW YORK (AP) — New Yorkers may soon be able to identify themselves as more than one race under legislation introduced in the City Council on Tuesday.

The measure would change dozens of official documents, including applications for public housing, registration with the Department of Small Business Services and complaint forms with the city’s Commission on Human Rights. Documents required of more than 300,000 city employees would also need to be changed.

Currently, city forms that ask for ethnicity or race have five options: “black, not of Hispanic origin,” ”white, not of Hispanic origin,” ”Hispanic,” ”Asian or Pacific Islander,” and “American Indian or Alaskan native.”

Advocates of the bill believe the measure would provide a clearer picture of demographics and allow New Yorkers to better recognize their heritage.

“I am 50 percent Irish, 25 percent Korean and 25 percent unknown,” said Corey Johnson, a city councilman from Manhattan, who drew upon his own heritage to champion the bill during a rally on the City Council steps. Johnson, a Democrat, was one of the co-sponsors of the bill, along with Councilman Ben Kallos, another Manhattan Democrat.

New York City has the highest multiracial population in the country. More than 325,000 city residents identified as more than one race on the 2010 census…

Read the entire article here.

“Most other mixed and biracial people I know have at least one secret or lie in their family, have at least one person who is choosing to pass or is passing and doesn’t even know it. That theme is so common. I have a half sister who didn’t know she was half black until she was 11. I’m interested in telling these stories because it is my family’s history…” —Amber Gray

Alexis Soloski, “Returning to an ‘Impossible’ Role,” The New York Times, April 24, 2014. http://www.nytimes.com/2014/04/27/theater/amber-gray-on-an-octoroon-at-soho-rep.html.

Proposal for NYC Forms: Option to Identify as Multiracial

The Wall Street Journal
2014-11-24

Mara Gay, City Hall Reporter

Legislation Being Introduced in City Council on Tuesday

New Yorkers would be able to identify as more than one race on city documents under legislation set to be introduced in the City Council on Tuesday.

“We just wanted to bring New York City into the 21st century,” said Councilwoman Margaret Chin, a Manhattan Democrat and the lead sponsor of the measure. “This will allow New Yorkers to identify their heritage and be proud of it. They shouldn’t have to only check one box.”

The city has the highest multiracial population in the country, with 325,901 people identifying as more than one race on the 2010 U.S. Census.

Right now, city forms that ask for information about race or ethnicity have five options: “white, not of Hispanic origin”; “black, not of Hispanic origin”; “Hispanic”; “Asian or Pacific Islander”; and “American Indian or Alaskan Native.”

The legislation could mean changes for dozens of city forms. Complaint forms with the New York City Commission on Human Rights would be changed under the bill, for example, as would applications at the Department of Small Business Services and at the New York City Housing Authority. Documents required of New York’s more than 300,000 city employees would also be affected…

…The bill, which is co-sponsored by Councilman Ben Kallos and Councilman Corey Johnson, both Democrats, would require city agencies to have the capacity to maintain the new demographic information within three years of the bill becoming law…

Read the entire article here.

Allyson Hobbs (Book) A Chosen Exile

Joe Madison The Black Eagle
SiriusXM Urban ViewAfrican-American Talk
2014-11-13

Joe Madison, Host

Allyson Hobbs, Assistant Professor of History
Stanford University