Multiracial Matrix: The Role of Race Ideology in the Enforcement of Anti-Discrimination Laws, a United States – Latin America Comparison |
Cornell Law Review
Volume 87, Number 5 (July 2002)
Cornell University Law School
Tanya Katerà Hernández, Professor of Law
Fordham University
This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing on race is itself racist. Because the multiracial matrix parallels much Latin American race discourse, Professor Hernández conducts a comparative analysis between U.S. and Latin American anti-discrimination law enforcement practices. Professor Hernández concludes that the new race ideology bolsters the maintenance of race hierarchy in a racially diverse population. Consequently, an uncritical embrace of the new race ideology will hinder the enforcement of antidiscrimination law in the United States. Professor Hernández proposes that a greater focus on racism as a global issue that treats race as a political identity formation will assist in the recognition of the civil rights dangers of a multiracial matrix.
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Tags: Cornell Law Review, Tanya Hernández, Tanya K. Hernández, Tanya Kateri Hernández