Mixed Race Studies

Do We Still Need Constitutional “Equal Protection” in a Growing Multiracial World?

Medium
2018-07-09

Tanya Hernández, Archibald R. Murray Professor of Law; Associate Director Center on Race, Law & Justice
Fordham University School of Law

Tanya Hernández is the author of the forthcoming book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination from New York University Press.

Reflections on the the 150th Anniversary of the 14th Amendment

July 9th, marks the 150th anniversary of the ratification of the 14th Amendment’s equality principle of the U.S. Constitution. Does the pursuit of racial equality look different 150 years after the ratification of the 14th Amendment’s equality principle in today’s growing multiracial world? In 2010, 9 million people constituting 2.9 percent of the population selected two or more races on the census. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet, in my own exhaustive review of discrimination cases in a variety of contexts like the workplace, educational settings, housing rentals, access to public accommodations, jury service, and the criminal justices system, the cases demonstrate that racially-mixed persons continue to experience discrimination today…

Read the entire article here.

Frederick Douglass: a multi-racial trailblazer

The Baltimore Sun
2018-02-08

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Gregory Morton purchased Frederick Douglass’ home in Fells Point and makes it available to rent on Airbnb. (Barbara Haddock Taylor / Baltimore Sun)

Last year President Trump made statements that left the impression he believed that abolitionist Frederick Douglass was still alive. In some respects, he still is. This month marks the 200th anniversary of Frederick Douglass’ birth, and his racial justice work continues to be relevant today. In fact, after President Trump was informed that Douglass died in 1895, the president signed into law the Frederick Douglass Bicentennial Commission Act to organize events to honor the bicentennial anniversary of Douglass’s birth.

While slave records mark Douglass’ birth month as February — he was born in a plantation on the shores of the Chesapeake Bay in Talbot County — his status as a slave meant he had no information about the exact day he was born. As an adult he chose Feb. 14th for himself as a birth date. He was also never told who his father was, but circumstances lead him to conclude that it was his white slave owner.

Despite his mixed-race heritage and likely connection to his owner, Douglass was separated from his mother at an early age and exposed to physical abuse from his owners…

Read the entire article here.

What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

New York Law Journal
2017-11-03

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Tanya Katerí Hernández writes: The presence of fluid mixed-race racial identities within allegations of employment discrimination leads some legal commentators to conclude that civil rights laws are in urgent need of reform.

With the growth of a mixed-race population in the United States that identifies itself as “multiracial,” legal commentators have begun to raise concerns about how employment discrimination law responds to the claims of multiracial plaintiffs. The U.S. Census Bureau began permitting respondents to simultaneously select multiple racial categories to designate their multiracial backgrounds with the 2000 Census. With the release of data for both the 2000 and 2010 census years much media attention has followed the fact that first 2.4 percent then 2.9 percent of the population selected two or more races. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet mixed-race peoples are not new. Demographer Ann Morning notes that their early presence in North America was noted in colonial records as early as the 1630s…

Read the entire article here.

Tanya Hernández Appears on Howard Jordan Radio Show

Fordham Law News: From New York City To You
2017-06-12

Tanya K. Hernández

Professor Tanya Hernández appeared on the Howard Jordan radio show where she discusses the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage.

“…Pew research center report that came out in May 18th … one data point in particular pointed out was that since this 1967 decision that intermarriage rates amongst newlyweds had increased five times…and the driving force behind the increase [five times]are Latinos…Latinos marrying whites, it represents 42% of intermarriage in United States…The data point doesn’t tell us about what kind of Latinos?…We have racial identity as well… To tell me Latinos are marrying whites does’t tell me anything about racial progress…”

One possible antidote to the misappropriation of multiracial identity is for Loving Day celebrations to focus upon what was the ultimate civil rights objective of the Loving v. Virginia decision – the impermissible pursuit of what the Supreme Court there termed “White Supremacy.” This is because interracial bans only prohibited interracial marriage involving white persons. Fifty years later, after the Loving v. Virginia decision, interracial marriage bans no longer exist, but White Supremacist violence and rhetoric still flourish. Whether or not Loving Day ever becomes an official federal holiday, it is to be hoped that its celebrations will specifically commemorate the decision’s fundamental civil rights concern with racial hierarchy.

Tanya K. Hernández, “What the“Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy,” The Huffington Post, June 11, 2017. http://www.huffingtonpost.com/entry/593b4961e4b094fa859f1878.

Interracial marriage and Latino/a racial identity changing USA demographics

LatinasInBusiness.us
2017-06-06

Tanya K. Hernández, Guest Contributor and Professor of Law
Fordham University School of Law

A Pew Research Center report states that the largest amount of interracial marriage between opposite sex couples is that between what it terms “Whites and Hispanics.” Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%.

The Pew Research Center released a report announcing the dramatic increase of intermarriage in the United States. Looking at data since the United States Supreme Court struck down interracial marriage bans with its 1967 Loving v. Virginia decision, Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%. Examined in isolation the data point that one in six U.S. newlyweds are now married to someone of a different race, appears quite astounding. However the role of Latino/a racial identity is a missing piece of the picture that serves to question the real rate of intermarriage.

The largest driving factor in the apparent increase in U.S. intermarriage rates is the pattern of intermarriage between Latinos/as and White Anglos. Pew reports that the largest amount of intermarriage between opposite sex couples is that between what it terms “Whites and Hispanics.” The White/Hispanic combination represents 42% of intermarriage, while in comparison the White/Asian combination represents only 15%, the White/Black combination 11% , the Hispanic/Black combination 5%, and the Hispanic/Asian combination 3%. Notably, the Pew report neglects to discuss the role of “Hispanic” racial appearance and identity…

Read the entire article here.

What the “Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy

The Huffington Post
2017-06-11

Tanya K. Hernández, Professor of Law
Fordham University School of Law

Monday, June 12, 2017 marks the 50th anniversary of the Loving v. Virginia, the Supreme Court decision which invalidated interracial marriage bans in the United States. Recently, the Pew Research Center reported that since the 1967 Loving decision the rate of intermarriage has increased more than five fold, from 3% of newlyweds who were intermarried to 17% in 2015. In recognition of this increase, “Loving Day” annual events celebrate the court decision. Primarily organized by multiracial persons as social events, communities across the nation gather on Loving Day to celebrate the existence of multiracial families. The celebrations are part of a larger campaign to have the federal government create an official Loving Day federal holiday.

No other Supreme Court case, let alone a civil rights case, has its own designated federal holiday. However entire multiracial community websites are dedicated to lobbying the government for a Loving Day holiday. This is because much more is at stake for these activists than commemorating a legal case. Validating mixed-race families and in particular multiracial persons, is the fundamental aim of the Loving Day federal holiday campaign. However, the rhetoric of mixed-race racial distinctiveness used by the campaign has begun to be drawn into judicial questioning of racial integration policies in ways that counter Loving Day celebrations of diversity…

Read the entire article here.

Latin American Policy Series (3): Racism and Responses to Racism in Latin America

the bulletin: A Willy Brandt School Blog
2017-03-07

Arivaldo Santos de Souza

This article is a continuation of the Latin American Public Policy Series and briefly introducing the topic “Racism and Responses to Racism in Latin America”, building upon Tanya Hernández´s thoughts, whose book: “Racial Subordination in Latin America – The Role of the State, Customary Law, and the New Civil Rights Response” (Cambridge Press, 2012) which I just translated into Portuguese. This analysis seeks to intrigue Latin Americans to think more deeply about the way people of African descent in their respective countries were (and still are) mistreated based on the arguments presented by Tanya Hernandez.

Approximately 150 million people of African descent, members of one of the largest African Diasporas over time, live in Latin America. Even though, we people of African descent make up around 1/3 of total population in Latin American, members of the African diaspora make up more than 40 percent of the poor in Latin America and have been marginalized as undesirable to society since the abolition of slavery across the Americas.

The idea that “racism does not exist” is hegemonic in Latin America, despite the increasing number of black social movements across the region. The “myth of racial democracy”, which supports that the racial mixture (mestizaje in Castellano and mestiçagem in Portuguese) in a population is a symptom of racial harmony and absence of inequalities based in race is still influential even among scholars and well-educated citizens…

Read the entire article here.

Why Mixed-Race Americans Will Not Save The Country

Code Switch: Race and Identity, Remixed
National Public Radio
2017-03-08

Alexandros Orphanides

What do mixed-race Americans mean for the future of racism? Roberto Westbrook/Getty Images

Americans like to fantasize that a mixed-race future will free them from the clutches of racism.

But this illusion is incompatible with an America in which the presidential election was won by the candidate who ran a “Make America Great Again” campaign, which many critics have pointed out was widely heard as a call to “Make America White Again.”

If the election results are a vindication for those championing the politics of President Trump, the demographic trends point in the opposite direction. Today, the United States’ mixed-race population is growing three times faster than the general population, and optimism about the impact that mixed-race people can have on a racially-divided country abounds.

“What Biracial People Know,” a recent op-ed in The New York Times, argues that the growing multiracial population may act as a “vaccine” to the bigotry that buoyed Trump’s campaign, granting America “immunity” to the longstanding politics of exclusion shaped by racism.

But this hope that a mixed-race future will result in a paradise of interracial and ethnically-ambiguous babies is misleading. It presents racism as passive — a vestigial reflex that will fade with the presence of interracial offspring, rather than as an active system that can change with time. A 2015 study by Pew Research Center concluded that mixed-race Americans describe experiences of discrimination in the form of slurs, poor customer service, and police encounters. These figures were highest among people of black-white and black-Native American descent…

Read the entire article here.

Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws

Oregon Law Review
Volume 76 (1997)
pages 731-764

Tanya Katerí Hernández, Professor of Law
Fordham University

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a “White country” is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to analyze the way in which immigration law has been structured to perpetuate a racial hierarchy which privileges Whiteness, primarily by preferring White immigrants to immigrants of color, and secondarily by drafting immigrants of color to form a middle-tier buffer and, alternatively, to provide a bottom-tier surplus labor supply.

Read the entire article here.