Mixed Race Studies

Mixed marriages, stubborn racial bias: Discrimination persists for the nonwhite

The New York Daily News
2016-12-09

Tanya Katerí Hernández, Professor of Law
Fordham University

Mildred and Richard Loving (Associated Press)

“I ’m pregnant.” Those are the first two words uttered in the recently released film “Loving.” The poignant opening prompts viewers to consider the most contested social consequence of interracial relationships: mixed-race children.

“Loving” depicts the real-life struggle of Mildred and Richard Loving in the 1960s as they fought to get interracial relationships legally recognized. This battle culminated in the 1967 Supreme Court case of Loving vs. Virginia, which invalidated interracial marriage bans across America.

Interracial marriage has been legal for nearly half a century. But the products of those marriages are subject to discrimination that reveals a great deal about race in America, and the cultural status of those unions.

In my own examination of civil rights cases across employment, housing, public accommodations, education and jury service, I find an increasing number of claimants who identify themselves as multiracial and biracial. The cases frequently describe acts of discrimination accompanied by pointed, derogatory comments about nonwhiteness — and blackness in particular…

Read the entire article here.

[Tanya K.] Hernandez’s close examination of many multiracial discrimination legal cases in a variety of equality law contexts demonstrates the fallacy and danger of that presumption. The cases frequently describe acts of discrimination accompanied by pointed, derogatory comments about non-whiteness—and blackness in particular. The overarching commonality is the exceptionalism of blackness and non-whiteness, rather than multiraciality, as problematic. Although the complainants may personally identify as multiracial, they present allegations of public discrimination rooted in a specific non-white and black bias that is not novel or particular to mixed-race persons.

Shane Danaher, “Multiracialism and Civil Rights,” Fordham Law News, November 21, 2016. http://news.law.fordham.edu/blog/2016/11/21/multiracialism-and-civil-rights/.

Multiracialism and Civil Rights

Fordham Law News
Fordham University, The Jesuit University of New York
2016-11-21

Shane Danaher

Tanya K. Hernández

Fordham Law Professor Tanya Hernandez shared excerpts from her upcoming book on multiracialism and civil rights in talk sponsored by the Center on Race, Law & Justice’s Colloquium on Race and Ethnicity on November 17, not quite seven months shy of the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage and the legal stigma against mixed-race children.

Hernandez outlined the argument presented in her work-in-progress study of multiracial identity in discrimination lawsuits, tentatively titled Multiracials and Civil Rights. In the book, Hernandez challenges conventional wisdom about multiracial discrimination.

“The growing view that discrimination against multiracial (racially-mixed) people poses a distinctive challenge to racial equality law is incorrect,” she said. “This misperception is based on the false presumption that multiracials experience racial discrimination in a unique manner that makes it necessary to reconsider civil rights law.”…

Read the entire article here.

‘Pigmentocracy’ a Major Factor in Brazil, Venezuela Turmoil

Fordham Law News: From New York City To You
2016-08-11

Ray Legendre

A global audience watched Brazil unveil the 2016 Olympics earlier this month with a flashy, jubilant opening ceremony that celebrated its racial diversity and belied its ongoing political and economic strife. But acting President Michel Temer’s maneuvering in the months before the Games revealed a racial reality in South America’s most populous country that is anything but golden, Fordham Law School Professor Tanya Hernández said.

“It looked like a racial utopia during the opening ceremonies, but if you look at the cabinet this president has put into place there’s nary a dark-skinned person in the crowd,” said Hernández, associate director and head of global and comparative law programs and initiatives for the Center on Race, Law & Justice at Fordham Law. “You would think you were looking at Sweden, as opposed to Brazil, when you look at the cabinet.”

Temer’s rapid assembly of lighter-skinned cabinet members in the wake of President Dilma Rousseff’s suspension of powers in May highlights the implicit racial bias that exists in Brazil and other Latin American countries with large mixed-race populations. The so-called “pigmentocracy” considers “lighter as brighter” and more capable of excelling in government and other high paying jobs, said Hernández, author of Racial Subordination in Latin America. Lighter-skinned people, of European heritage, are also less likely to suffer the rampant violence and housing displacement as poor black citizens of African descent…

Read the entire article here.

States of Denial

Fordham Law News: From New York City To You
2016-06-04

When Barack Obama was first elected president in 2008, some pundits declared the United States to have finally reached a triumphal post-racial stage, an era of long-awaited racial harmony after the horrors of slavery and Jim Crow segregation. Yet, almost a decade later, race remains a source of tension and injury.

The situation is not so different in Latin America, and the similarities are of great interest to Professor Tanya Hernández. In her book Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (Cambridge University Press), Hernández examines the racial landscape of Latin American countries and uncovers customary laws of racial regulation that, while perhaps not as codified as Jim Crow laws, are as obstructive to genuine racial equality.

With degrees from Brown and Yale Law School, Hernández has studied comparative race relations and antidiscrimination law for over 25 years. In 2015, she was awarded a Fulbright Specialist Grant to consult on racial equality projects in France and Trinidad.

In this excerpt of her book, Hernández introduces a legal critique of race regulations in Latin America and the role of the Latin American states in erecting and sustaining racial hierarchies…

There are approximately 150 million people of African descent in Latin America, representing about one-third of the total population. Yet, these are considered conservative demographic figures given the histories of undercounting the number of persons of African descent on Latin American national censuses and often completely omitting a racial/ethnic origin census question. At the same time, persons of African descent make up more than 40 percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. Yet, the view that “racism does not exist” is pervasive in Latin America despite the advent of social justice movements and social science researchers demonstrating the contrary. When the BBC surveyed Latin Americans in 2005 regarding the existence of racism, a significant number of respondents emphatically denied the existence of racism. Many, for instance, made statements such as “Latin Americans are not racist,” and “Latin-America is not a racist region, for the simple fact that the majority of the population is either indigenous, creole, or mixed.”

Thus the denial of racism is rooted in what many scholars have critiqued as the “myth of racial democracy”—the notion that the racial mixture (mestizaje/mestiçagem) in a population is emblematic of racial harmony and insulated from racial discord and inequality. Academic scholarship has in the last twenty years critiqued Latin American “mestizaje” theories of racial mixture as emblematic of racial harmony. Yet, Latin Americans still very much adhere to the notion that racial mixture and the absence of Jim Crow racial segregation are such a marked contrast to the United States racial history that the region views itself as what I term “racially innocent.”…

Read the rest of the excerpt here.

Envisioning the United States in the Latin American myth of ‘racial democracy mestizaje’

Latin American and Caribbean Ethnic Studies
Published online 2016-04-12
DOI: 10.1080/17442222.2016.1170953

Tanya Katerí Hernández, Professor of Law
Fordham University, The Jesuit University of New York

Transnational comparison is relevant both to how racial hierarchy is obscured and elucidated. This Essay traces how the Latin American ‘racial democracy mestizaje’ depiction of the US as blind to racial mixture and color distinctions mistakenly misrepresent the Southern Jim Crow history as the only US experience of racism. It suggests that, in turn, such a limited frame for comparison cloaks not only the more extensive terrain of racism in the United States that is separate from the Jim Crow reality but also parallels to the Latin American context. Moreover, the circumscribed view of US racism adversely affects those who critique the ‘racial democracy mestizaje’ myth of Latin American post racialism. This is because the standard Latin American story of US racial history hinders the ability to fully countermand the attack that portrays racial justice activists as inappropriately applying overly restrictive US binary perspectives on race. With the fuller explication of the complete US racial history, and its contemporary manifestations, it will not be so easy to dismiss the comparisons of racial subordination across the Americas, as the imperialist imposition of ill-fitting US notions of race.

Read or purchase the article here.

Revealing the Race-Based Realities of Workforce Exclusion

NACLA Report on the Americas
Volume 47, Number 4 (Winter 2014)
pages 26-29

Tanya Katerí Hernández, Professor of Law
Fordham University

Advocates in the fight against poverty in Latin America often center class above race as the factor that most determines Afro-descendants’ life-chances. But a growing movement is setting the record straight.

Believing that the black population will be able to reach basic equality independently from what happens with the rest of poor Colombians, within general social policy, or economic growth…is dreaming in a vacuum,” said sociologist Daniel Mera Villamizar in a 2009 El Tiempo column on the Colombian government’s workplace affirmative action measures. Mera continues: “To resolve the historic ambiguity between racism and classism…by saying that race is the determining factor, is to buy a ticket to a conflict we don’t even know.” As critics of the column noted at the time, Mera’s words were at odds with many of the demands of the growing movements for racial justice across Latin America that have proliferated over the past 15 years. These groups are engaged in the fight to raise awareness of the ways race-based discrimination in Latin America cannot be sufficiently explained by the analyses—touted by many advocates and organizations engaged in anti-poverty struggles—that class is the determining mechanism of social and economic marginalization.

There are approximately 150 million people of African descent in Latin America, representing just over 30% of the total population and more than 40% of the poor. Advocates for racial equality in Latin America testify statistically and anecdotally to the fact that Afro-descendants face the frequent perception that they are undesirable elements of society, and are marginalized in politics, media, public life, the job market, and education systems. Mera’s call to avoid conflict by holding up class above race as the most salient factor in determining the life-chances of Afro-descendants echoes the notion—still widely held in much of Latin America—of the “myth of racial democracy.”

Increasingly critiqued over the past 20 years, the myth holds that Latin America’s racial mixture (mestizaje/mestiçagem) creates racial harmony and inherently guards against racial discord and inequality. This denial of racism is often rooted in a belief system that contrasts itself to the history of Jim Crow legislation in the United States. There is no more important place to understand the persistence of race-based marginalization in Latin America than in the increasingly well documented practices of labor market discrimination…

Read the entire article here.

Multiracial in the Workplace: A New Kind of Discrimination?

Buchanan Ingersoll & Rooney PC Fall 2015 Speaker Series presents: “Multiracial in the Workplace: A New Kind of Discrimination?”
University of Pittsburgh
2015-12-10

Tanya Hernandez, Professor of Law
Fordham University

Welcome by:

Larry Davis, Dean, Donald M. Henderson Professor, and Director
Center for Race and Social Problems, University of Pittsburgh

Introduction by:

Jeffrey Shook, Associate Professor
School of Social Work, University of Pittsburgh

Watch the video (01:02:59) here.

Law is still black & white, not multiracial, Fordham prof says

University Times: The Faculty & Staff Newspaper Since 1968
University of Pittsburgh
2016-01-07

Marty Levine

Despite the fact that more people are identifying themselves as multiracial on the U.S. census, decisions in discrimination cases involving multiracial defendants still are primarily based on the presence of anti-black prejudice, and there is no need to change civil rights laws.

That was the message of Tanya Hernandez, professor of law at Fordham University, who delivered the final fall Buchanan, Ingersoll & Rooney lecture in the School of Social Work’s Center on Race and Social Problems last month.

Hernandez, author of “Racial Subordination in Latin America,” spoke on the topic “Multiracial in the Workplace: A New Kind of Discrimination?” She is studying mixed-race identity and discrimination law in the United States in preparation for her next book…

Read the entire article here.

The Census Is Still Trying To Find The Best Way To Track Race In America

FiveThirtyEight
New York, New York
2014-11-26

Ben Casselman, Chief Economics Writer

At FiveThirtyEight, we use census data all the time to track demographic and social trends, from the aging of the U.S. population to the decline in marriage and shifts in immigration patterns. But the census not only reveals societal changes, it responds to them. This week, we’re examining three changes the Census Bureau is considering for its 2020 questionnaire. In the first two installments, we looked at the proposed changes to the way the census counts people of Arab ancestry and same-sex couples. Here, in our final article: The bureau ponders a new way of asking about Hispanic ethnicity.

Nancy López considers herself Latina — more specifically, Dominican. But she knows that when she walks down the street, many strangers see her as something else: a black woman.

“Race is not one-dimensional,” said López, a sociologist at the University of New Mexico and co-director of the school’s Institute for the Study of Race and Social Justice. “It’s multidimensional.”

The census has struggled to capture that complexity for its entire history, from 19th-century battles over how to count free black Americans to more modern efforts to categorize the U.S.’s growing mixed-race population. Now as it prepares for its 2020 population count, the Census Bureau is considering its biggest change in decades: combining its questions about race and ethnicity into a single, all-encompassing question. López could still, as she did in 2010, mark herself as black and Latina. But she could also select just one category – an option many U.S. Hispanics have said better reflects their self-identity.

That may seem like an academic distinction, but there are significant real-world implications, too. The government uses census data to help draw congressional boundaries, protect voting rights and allocate federal grant dollars. Researchers use it to track discrimination and social trends. And advocacy groups use it to secure political influence.

“Census taking,” said Tanya Hernández, a Fordham University law professor who studies discrimination, “is inherently a political act.”…

Read the entire article here.