Mixed Race Studies

Property Rites: The Rhinelander Trial, Passing, and the Protection of Whiteness

University of North Carolina Press
April 2009
408 pages
6.125 x 9.25, 10 illus., notes, bibl., index
Cloth ISBN  978-0-8078-3268-4
Paper ISBN  978-0-8078-5939-1

Elizabeth M. Smith-Pryor, Assistant Professor of History
Kent State University

In 1925 Leonard [Kip] Rhinelander, the youngest son of a wealthy New York society family, sued to end his marriage to Alice [Beatrice] Jones, a former domestic servant and the daughter of a “colored” cabman. After being married only one month, Rhinelander pressed for the dissolution of his marriage on the grounds that his wife had lied to him about her racial background. The subsequent marital annulment trial became a massive public spectacle, not only in New York but across the nation—despite the fact that the state had never outlawed interracial marriage.

Elizabeth Smith-Pryor makes extensive use of trial transcripts, in addition to contemporary newspaper coverage and archival sources, to explore why Leonard Rhinelander was allowed his day in court. She moves fluidly between legal history, a day-by-day narrative of the trial itself, and analyses of the trials place in the culture of the 1920s North to show how notions of race, property, and the law were—and are—inextricably intertwined.

A Beautiful Lie: Exploring Rhinelander v. Rhinelander as a Formative Lesson on Race, Marriage, Identity, and Family

California Law Review
Volume 95, Issue 6 (2007)
pages 2393-2458

Angela Onwuachi-Willig, Professor of Law and Charles M. and Marion J. Kierscht Scholar
University of Iowa College of Law

During the mid-1920s, the story of the courtship, marriage, and separation of Alice Beatrice Jones and Leonard Kip Rhinelander astounded the American public, especially the citizens of New York and black Americans across the country.  Alice, a chambermaid and the racially mixed daughter of English immigrants who had worked as servants on a large estate in Bradford, England, had committed the social faux pas of falling in love with and marrying Leonard Kip Rhinelander, the son of a white multi-millionaire who descended from the French Huguenots.  Or rather, as certain arguments from Leonard’s trial attorney Isaac Mills and later the jury’s verdict would together suggest, Leonard had committed a social offense by “knowingly” loving and marrying Alice, a colored woman.

Scandal arose about the marriage of Alice and Leonard when a story with the title “Rhinelanders’ Son Marries Daughter of a Colored Man” ran in the Standard Star of New Rochelle on November 13, 1924.  Two weeks later, on November 26, 1924, Leonard filed for an annulment of his marriage to Alice. In his Complaint, Leonard alleged that Alice had misrepresented her race to him by improperly leading him to believe that she was white, “not colored,” before their nuptials. New York law did not ban interracial marriages between Blacks and Whites at the time; thus, Alice and Leonard’s marriage was not automatically void.  In the state of New York, the law did not identify interracial marriages as so odious to public policy that they were legally impossible; however, fraud as to a spouse’s race before marriage signaled that there had been no meeting of the minds between husband and wife. Given the importance of racial classifications and their corresponding status in society, New York courts readily accepted knowledge about a spouse’s race to be a factor so crucial to the understanding of the marital contract that fraud about it rendered the marriage voidable and thus eligible to be annulled from its start.  In other words, the primary basis for recognizing knowledge of a spouse’s race as a material fact that went to the essence of marriage, a requirement for annulling voidable marriages based on fraud after consummation, was racial prejudice and social opprobrium of intermixing. Additionally, although New York had not followed many southern states in adopting the “one drop rule,” many Whites in New York agreed that any taint of colored blood removed a person from the class of white citizens. In essence, because of long-held beliefs about racial genetics and community expectations about social barriers of race in 1920s New York, knowledge of a spouse’s race was considered to be as central to marriage as the ability to consummate it.  Thus, no question was ever raised about whether Leonard’s alleged basis for annulment, racial fraud, could legitimately serve as a reason for legally declaring his marriage to Alice to be void…

Read the entire article here.

Dating Practices, Racial Identity, and Psychotherapeutic Needs of Biracial Women

Women & Therapy
Volume 27, Issue 1 & 2
January 2004
pages 103 – 117
DOI: 10.1300/J015v27n01_07

Ivory Roberts-Clarke
University of Rhode Island

Angie C. Roberts
University of Georgia

Patricia Morokoff, Professor of Psychology and Director of the Clinical Psychology
University of Rhode Island

Studies increasingly show that biracial men and women have self-identities that embrace the racial and cultural heritages of both parents (Thompson, 1999). One of the greatest dilemmas that people with biracial identities face is the question of whom they should date and marry, since they may feel strong allegiances to both of their racioethnic heritages. Few studies have examined what occurs when individuals with multiracial identities seek romantic relationships. This study provides a qualitative analysis of the dating experiences of eight biracial women (one bisexual, seven heterosexual), the social and familial relationships that influence their choice of partners, the positive and negative sociocultural aspects of having a biracial female identity, and participant perspectives about the psychotherapeutic needs of biracial women. Although results suggested that the biracial participants were receptive towards individuals of other races and more likely to appreciate differences, some participants had racial preferences regarding their choice of partners. Therapeutic considerations for professionals who work with biracial women are presented based on the findings from this study.

Mixed Race Marriages

The Milken Institute Review
Second Quarter 2009

William “Bill” H. Frey, Senior Fellow in Demography/Senior Fellow in Metropolitan Policy
Milken Institute
Brookings Institution in Washington

While Barack Obama’s election was a signal event for many reasons, the fact that Americans chose someone of mixed race isn’t quite as startling as it first appears. New Census data show that 7.7 percent of marriages in 2007 were of mixed race – nearly twice as many as in 1990. The ongoing infusion of immigrants combined with more tolerant public attitudes have taken us a long way since 1967, when the Supreme Court finally barred race-based restrictions on marriage…

…Variance across states is striking. Hawaii, where three in 10 marriages are interracial, leads; New Mexico and other intermountain West states follow. At the other end of the spectrum: Mississippi, along with Vermont and Maine – two states with very small minority populations. Note, however, that many of the states with a low incidence of intermarriage are now experiencing surges, suggesting that intermarriage is leaping regional barriers…

Read the entire “Charticle” here.

Different prejudices toward different types of interracial couples: Examining alternative explanations

SPSP 2010
The Eleventh Annual Meeting of the Society for Personality and Social Psychology
2010-01-28 through 2010-01-30
Las Vegas, Nevada

Stephen A. Mistler
Arizona State University

Angela G. Pirlott
Arizona State University

Steven L. Neuberg
Arizona State University

Between 1992 and 2000, the prevalence of interracial marriage in the United States more than doubled, increasing from 2.2% to 4.9%. How do people feel about such relationships, and what accounts for these feelings? Undergraduate students rated relationships of Asian, Black, and White men with Asian, Black, and White women; each participant answered the same questions for all nine possible heterosexual pairings of the above groups, as well as items designed to assess, for each race-gender type (e.g., Asian female), beliefs about their long-term mate value, short-term mate value, and scarcity as potential mates. Given issues of sample size, we report only findings from White participants. In general, White participants expressed more prejudice against interracial couples than same-race couples, even for couplings not involving members of their own race. This apparently simple bias, however, masks a more complex psychology based on interactions of specific race-gender pairings with perceiver gender. As one example, White participants were less accepting of White women with minority men than of White men with minority women, and reacted particularly negatively to the pairing of White women with Black men than to the pairing of White women with Asian men; these patterns of antipathy were especially strong for White male participants. We assess the broader range of findings in light of frameworks suggesting that negative reactions toward interracial couples arise from concerns with “race-mixing,” from concerns about potential lost resources for one’s group, and from assessments of valuable reproductive opportunities potentially gained and lost.

…Marriage between blacks, whites and Indians was legal in Virginia for most of the 17th century. Genealogist Paul Heinegg found that 99% of all mixed children in Virginia, Maryland, Delaware and the Carolinas before 1810 came from intermarriages of free blacks with whites. Cases of white masters having children by black slaves were virtually non-existence, making up only one percent of the mixed mulatto population…

Tim Hashaw,  “MALUNGU: The African Origin of the American Melungeons,” Electica (July/August 2001). http://www.eclectica.org/v5n3/hashaw.html.

Children of Perdition: Melungeons and the Struggle of Mixed America

Mercer University Press
2006
192 pages
ISBN (paperback): 9780881460742
ISBN (hardback): 9780881460131

Tim Hashaw

Some oppressed groups fought with guns, some fought in court, some exercised civil disobedience; the Melungeons, however, fought by telling folktales. Whites and blacks gave the name “children of perdition” to mixed Americans during the 300 years that marriage between whites and nonwhites was outlawed. Mixed communities ranked socially below communities of freed slaves although they had lighter skin. To escape persecution caused by the stigma of having African blood, these groups invented fantastic stories of their origins, known generally as “lost colony” legends. From the founding of America, through the American Revolution, the Civil War and World War II, the author documents the histories of several related mixed communities that began in Virginia in 1619 and still exist today, and shows how they responded to racism over four centuries. Conflicts led to imprisonment, whippings, slavery, lynching, gun battles, forced sterilization, and exile—but they survived.  America’s view of mixing became increasingly intolerant and led to a twentieth-century scheme to forcibly exile U.S. citizens, with as little as “one drop” of black blood, to Africa even though their ancestors arrived before the Mayflower. Evidence documents the collaboration between American race purists and leading Nazi Germans who perpetrated the Holocaust. The author examines theories of ethnic purity and ethnic superiority, and reveals how mixed people responded to “pure race” myths with origin myths of their own as Nazi sympa-thizers in state and federal government segregated mixed Americans, citing the myth of Aryan supremacy. Finally, Children of Perdition explains why many Americans view mixing as unnatural and shows how mixed people continue to confront the Jim Crow “one drop” standard today.

Moving Beyond the Black-White Color Line? Immigration, Diversity, and Multiracial Identification in the United States

Paper presented at the annual meeting of the American Sociological Association
Hilton San Francisco & Renaissance Parc 55 Hotel
San Francisco, CA
2004-08-14

Jennifer Lee

This paper explores theory and evidence about immigration, race/ethnicity, intermarriage, and multiracial identification, and assesses the implications of trends and patterns for changes in America’s color lines, focusing especially on the traditional and relatively persistent black-white color line that has long divided the country. For more than three and a half decades, continued immigration from Latin America and Asia has transformed the United States from a largely biracial society consisting of a large white majority and smaller black minority into a society composed of multiple racial and ethnic groups. At the same time, the rate of intermarriage between whites and nonwhites increased dramatically, and along with its rise, the growth in the multiracial population. For the first time in U.S. history, the 2000 Census allowed Americans the option to mark “more than one race” to self-identify, reflecting the view that race is no longer conceived of as a bounded category. Increases in immigration, intermarriage, and multiracial identification might appear to indicate that race is declining in significance, and racial/ethnic divides, eroding for all groups. However, the trends and patterns of interracial marriage and multiracial reporting indicate that while racial/ethnic boundaries may be loosening for some groups, they are not loosening for all. Moreover, while the traditional black-white divide may be fading, a new divide seems to be emerging-one that separates blacks and non-blacks.

Read entire paper here.

Black, Jewish, and Interracial: It’s Not the Color of Your Skin, but the Race of Your Kin, and Other Myths of Identity

Duke University Press
1997
232 pages
Cloth – ISBN13 978-0-8223-1975-7
Paperback – ISBN13 978-0-8223-1971-9

Katya Gibel Azoulay [Mevorach], Professor
Anthropology and American Studies
Grinnell College, Grinnell Iowa

How do adult children of interracial parents—where one parent is Jewish and one is Black—think about personal identity?  This question is at the heart of Katya Gibel Azoulay’s Black, Jewish, and Interracial.  Motivated by her own experience as the child of a Jewish mother and Jamaican father, Gibel Azoulay blends historical, theoretical, and personal perspectives to explore the possibilities and meanings that arise when Black and Jewish identities merge. As she asks what it means to be Black, Jewish, and interracial, Gibel Azoulay challenges deeply ingrained assumptions about identity and moves toward a consideration of complementary racial identities.

Beginning with an examination of the concept of identity as it figures in philosophical and political thought, Gibel Azoulay moves on to consider and compare the politics and traditions of the Black and Jewish experience in America. Her inquiry draws together such diverse subjects as Plessy v. Ferguson, the Leo Frank case, “passing,” intermarriage, civil rights, and anti-Semitism. The paradoxical presence of being both Black and Jewish, she argues, leads questions of identity, identity politics, and diversity in a new direction as it challenges distinct notions of whiteness and blackness.  Rising above familiar notions of identity crisis and cultural confrontation, she offers new insights into the discourse of race and multiculturalism as she suggests that identity can be a more encompassing concept than is usually thought. Gibel Azoulay adds her own personal history and interviews with eight other Black and Jewish individuals to reveal various ways in which interracial identities are being lived, experienced, and understood in contemporary America.

The One-Drop Rule in Reverse? Interracial Marriages in Napoleonic and Restoration France

Law and History Review
Volume 27, Number 3
Fall 2009
University of Illinois

Jennifer Heuer, Associate Professor
Department of History
University of Massachusetts at Amherst

In the early nineteenth century, an obscure rural policeman petitioned the French government with an unusual story.  Charles Fanaye had served with Napoleon’s armies in Egypt.  Chased by Mameluks, he was rescued in the nick of time by a black Ethiopian woman and hidden in her home.  Threatened in turn by the Mameluks, Marie-Hélène (as the woman came to be called) threw in her lot with the French army and followed Fanaye to France.  The couple then sought to wed.  They easily overcame religious barriers when Marie-Hélène was baptized in the Cathedral of Avignon.  But another obstacle was harder to overcome: an 1803 ministerial decree banned marriage between blacks and whites.  Though Fanaye and Marie-Héléne begged for an exception, the decree would plague them for the next sixteen years of their romance.

As we will see, Fanaye’s history was atypical in several regards.  But he was far from the only person to confront the ban on interracial marriage. The decree, which seemed to reinstate a 1778 edict, went hand in hand with the reestablishment of slavery after the French Revolution.  It was officially applied to metropolitan France, rather than the colonies, and was circulated throughout the continental Napoleonic Empire.  It would remain in effect even after Napoleon fell from power, quietly disappearing only in late 1818 and early 1819.

This quiet disappearance has persisted in the historical record: both the ban and its application have been almost completely forgotten.  The reasons for this oversight are both conceptual and practical.  While there is burgeoning interest in the history of slavery in the French empire, historians tend to focus on the drama of emancipation during the Revolution, rather than on the more painful return of slavery after 1802.  When scholars of European history think of miscegenation laws, we often turn immediately to colonial arenas, or look to the later nineteenth and twentieth century when social commentators were particularly obsessed with interracial sex; metropolitan France in the early nineteenth century seems an unlikely site for contestations over racial and family law.  More generally, the supposedly race-blind French model of citizenship, that of republican universalism, has often made it difficult to think about racial categories when discussing French history and politics.

There are also pragmatic reasons why the decree has been forgotten.  The black and mulatto population in metropolitan France was small in the period, at most 5000 people, and there are few records that address them as a group.  Many of the relevant documents are buried in a series at the French National Archives on dispensations for marriage.  While a few are grouped together thematically, many are organized alphabetically, within at least 160 cartons of records.  Others are in a series of administrative correspondence catalogued geographically.  A few are scattered in municipal and departmental archives, often under the rubric of local administration.  These are not categories that promise obvious connections to racial or colonial history…

Read the entire article here.