Mixed Race Studies

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.

Accordingly, the demand for statistical recognition of mixed-race persons—and acknowledgement of all aspects of an individual’s racial identity—is occurring within a sociopolitical context that values White ancestry and denigrates non-White ancestry. In such a racial caste system, it is impossible to acknowledge mixed-race persons officially without actually elevating the status of those who can claim to be other than “pure” Black, no matter how egalitarian the intent of the MCM [Multiracial Category Movement]. This same elevation of mixed-race classes is evident in various Latin American countries and in apartheid South Africa in ways that powerfully illuminate the implications of furthering multiracial discourse in the United States.

Tanya Katerí Hernández, “‘Multiracial’ Discourse: Racial Classifications in an Era of Color-blind Jurisprudence,” Maryland Law Review, Volume 57, Issue 1 (1998): 121. http://digitalcommons.law.umaryland.edu/mlr/vol57/iss1/5/.

“Multiracial” Discourse: Racial Classifications in an Era of Color-blind Jurisprudence

Maryland Law Review
Volume 57, Issue 1 (1998)
pages 97-173

Tanya Katerí Hernández, Professor of Law
Fordham University

• INTRODUCTION
• I. THE BACKGROUND AND MOTIVATION OF THE MULTIRACIAL CATEGORY MOVEMENT
• II. THE ADVERSE CONSEQUENCES OF MULTIRACIAL DISCOURSE
  • A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy
  • B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts
  • C. The Continuation of the Color-Blind Jurisprudence Trajectory
    • 1. The Historical Meaning of Race Expelled from Analysis of Racial Discrimination
    • 2. Societal Discrimination Expelled from Analysis of Racial Discrimination
    • 3. The Judicial View of Race-Conscious Equality Measures as Harmful Stereotyping
    • 4. The Judicial Excision of Race from Racial Discrimination Discourse
  • D. Measurement of Racial Progress Hindered
• III. A RACE-CONSCIOUS RACIAL CLASSIFICATION PROPOSAL
• CONCLUSION

Introduction

The debate, in short, is really not so much about a multiracial box as it is about what race means-and what it will come to mean as the society approaches the millennium.
—Ellis Close

For the past several years, there has been a Multiracial Category Movement (MCM) promoted by some biracial persons’ and their parents for the addition of a “multiracial” race category on the decennial census. The stated aim of such a new category is to obtain a more specific count of the number of mixed-race persons in the United States and to have that tallying of mixed-race persons act as a barometer and promoter of racial harmony. As proposed, a respondent could choose the “multiracial” box in lieu of the presently listed racial classifications of American Indian or Alaskan Native, Asian or Pacific Islander, Black, White, or Other. The census schedule also includes a separate Hispanic Origin ethnicity question. On October 29, 1997, the U.S. Office of Management and Budget (OMB) adopted a federal Interagency Committee recommendation to reject the multiracial category in favor of allowing individuals to check more than one racial category. Some MCM proponents are not satisfied with the OMB’s decision, because multiple box checking does not directly promote a distinct multiracial identity.  These MCM proponents are committed to continue lobbying for a multiracial category on the 2010 census. Further, an OMB official has indicated that the issue of a multiracial category might be reconsidered with an increase in mixed-race persons. Yet, the significance of the MCM extends beyond the actual decision of whether and how mixed-race persons should be counted.

The discourse surrounding the advocacy for a census count of mixed-race persons has social and legal ramifications apart from the limited context of revising a census form. The principle underlying this Article is that the law should be understood in terms of its social consequences. From a legal-realist perspective, it is important to scrutinize the neutral discourse characteristic among those proposing a legally mandated mixed-race census count. Such analysis exposes its moral and political significance and ramifications. “[L]anguage… can powerfully evoke and enforce hidden signs of racial superiority, cultural hegemony, and dismissive ‘othering’ of people.” The power of discourse arises from its ability to construct a public narrative and
then obstruct counter-explanations for social reality.

Multiracial discourse contends that a mixed-race census count is necessary because race has become too fluid to monitor. The theory posits that the inability to identify psychologically with just one racial category is inherent to mixed-race persons alone and that the growing number of mixed-race persons demonstrates the futility of racial categorization as a practice. For instance, MCM proponents often refer to the growing numbers of persons who choose the “Other Race” category to support the premise that the racial categories are inadequate for mixed-race persons. The multiracial narrative of modern race being more fluid than in the past corresponds with and reinforces the color-blind jurisprudence presentation of race as devoid of meaning. Thus, “multiracial discourse” has an immediate meaning as the rhetoric deployed in the campaign for a specific count of mixed-race persons, and a more expansive meaning as the approach to race that views the increasing diversity of society as deconstructing and transcending race. Multiracial discourse misconstrues the meaning of race used in the group measurement of racial disparity, with an individual focused assessment of fluid cultural identity. Such a view of race negates its sociopolitical meaning26 and thereby undermines effective legal mechanisms to ameliorate racial discrimination. In fact, the MCM can be viewed as a metonym for the more general colorblind approach to race evident in recent Supreme Court cases.

Both the immediate and expansive meanings of “multiracial discourse” are interrelated and involve a highly politicized discourse. Accordingly, this Article shall question the assumptions that underlie both levels of meaning in order to assess the continuing significance of the racial classifications that multiracial discourse challenges. This analysis reveals that although multiracial discourse may seem benign and appealing on a humanitarian level, its implementation will produce counter-egalitarian results in the struggle for racial equality. The MCM’s campaign for color-blind treatment of racial hierarchy cloaks the racial significance of ostensibly race-neutral laws, as the Supreme Court’s recent movement toward color-blind anti-discrimination jurisprudence has done.

Because of the manner in which the census context highlights the dangers of multiracial discourse to racial justice efforts, this Article will focus upon the census as a well-known paradigm for the way racial classifications function. In particular, to demonstrate the folly of color-blind approaches to race issues, the author enlists the debate centered on the demand for a census count of mixed-race persons. Because the census is the cornerstone of the federal statistical system, the battle over the reform of the census racial classifications is significant and far-reaching.The census reflects in large measure the nation’s struggle over how human beings will be known politically in a racially stratified society.  The debate over a multiracial category reveals an intriguing aspect about how we conceptualize race. An examination of multiracial discourse reveals that multiracial-category proponents misperceive the meaning of race relevant to the census inquiry by conflating a cultural approach to race with a sociopolitical approach to race. Therefore, this Article analyzes the widespread legal ramifications of the MCM and assesses whether the MCM’s proposal effectively advances its stated goal of promoting racial equality. After analyzing the legal import of multiracial discourse, the Article determines that the MCM misperception of race and its fluidity inadvertently furthers the progression of color-blind jurisprudence in direct contravention of the MCM goal of promoting racial equality. Part I provides background and identifies the motivating forces behind the MCM as a color-blind movement. Part II critiques the MCM for its adverse effects upon racial justice efforts in furthering the manner in which color-blind jurisprudence disregards actual experiences of racial discrimination in the promotion of White supremacy. Part III proposes a race-conscious classification system, which reflects the sociopolitical nature of race, to monitor racial discrimination more effectively and to dislodge the force of multiracial discourse…

Read the entire article here.

Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response

Cambridge University Press
October 2012
254 pages
2 maps; 1 table
228 x 152 mm
Hardback ISBN: 9781107024861
Paperback: 9781107695436
Adobe Ebook Reader ISBN: 9781139786676

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

There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America’s legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a “post-racial” rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.

Features

• Provides a comprehensive examination of the entire Latin American region with regard to racial inequality
• Hernández is the first author to thoroughly consider the role of customary law in erecting and sustaining racial hierarchies
• Offers a comprehensive examination of development of racial equality laws across the region

Contents

• Maps
• 1. Racial Innocence and the Customary Law of Race Regulation
• 2. Spanish America Whitening the Race – the Un(written) Laws of Blanqueamiento and Mestizaje
• 3. Brazilian “Jim Crow”: The Immigration Law Whitening Project and the Customary Law of Racial Segregation – a Case Study
• 4. The Social Exclusion of Afro-Descendants in Latin America Today
• 5. Afro-Descendant Social Justice Movements and the New Antidiscrimination Laws
• 6. Brazil: At the Forefront of Latin American Race-Based Affirmative Action Policies and Census Racial Data Collection
• 7. Conclusion: The United States–Latin America
• Connections
• Appendix A: Afro-Descendant Organizations in Latin America
• Appendix B: Typology of Latin American Racial Antidiscrimination Measures
• Bibliography
• Index

I don’t think there is much racism in [Latin] America because we are a mix of races of all kinds of Europeans, Africans, Asians, and other races that were or will be; but I understand that in many other parts there is racism, above all in the United States and Europe, is where there is the most racism.¹

There are approximately 150 million people of African descent in Latin America, representing about one-third of the total population (see Maps 1 and 2). 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 “Ibero-Americans are not racist,” and “Ibero-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 U.S. racial history that the region views itself as what I term “racially innocent.” Indeed, the extensive survey data from the Latin American Public Opinion Project’s “Americas Barometer 2010” demonstrates that biased Latin American racial ideologies have not completely evolved despite the existing scholarly critiques of mestizaje as a trope of racial innocence. For instance, in the Americas Barometer 2010 survey of Bolivia, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, and Peru, the vast majority of the country populations (of all races) agreed with the mestizaje notion that “racial mixture is good for the country.” In fact, more than 75 percent of all respondents agreed with the statement and largely endorsed the idea of interracial marriages. Yet, the Americas Barometer data also show that for those Latin Americans who did express disagreement with the idea of their children marrying black partners, the opposition level was dramatically greater from white respondents in contrast to black respondents. Specifically, in those countries where the Americas Barometer asked whether there was disagreement with one’s own children marrying a black person, such as Brazil, Colombia, the Dominican Republic, and Ecuador, the opposition by whites to interracial black marriages was on average 60 percent greater than the opposition of blacks to such marriages. (Other countries were asked about marriage to a person of indigenous descent.) These results thus accord with the long-standing data that marriage patterns in Latin America are generally racially endogamous.

The Americas Barometer 2010 data also indicate that white respondents in several Latin American countries are considerably more likely than other groups to state a preference for lighter skin. For instance, in Colombia, Ecuador, and the Dominican Republic, on average 26 percent of white respondents agreed that they would prefer lighter skin, in contrast to the 13 percent average of black respondents who prefer lighter skin. In Mexico and Peru, blacks on average had greater rates of preference for lighter skin (37%) than whites (26%). In Brazil the rate of white preference for lighter skin closely approximated blacks’ lighter-skin preference rate. Even socialist Cuba continues to manifest a preference for whiteness and a white opposition to interracial marriage. Moreover, in a 2004 comparison of implicit and explicit racial bias in the United States, Cuba, the Dominican Republic, and Puerto Rico, the rates of both implicit and explicit racial bias were higher in all three Latin American contexts as compared to the United States. Thus despite the overwhelming articulation of mestizaje as an indicator of racial harmony across much of Latin America and the different ways that it is articulated within each country, attitudes of racial distinction and superiority persist beneath the celebration of racial mixture. In part, the absence of a legal critique of the Latin American comparisons to the Jim Crow United States has enabled the Latin American “racial innocence” stance to remain. This book seeks to fill in that gap in the literature and provide the legal critique.

Specifically, this book is about the ways in which the Latin American denial of racism operating in conjunction with the notion that true racism can only be found in the racial segregation of the United States veils the actual manifestations of racism in Latin America. I will argue that an examination of the role of the state after the abolition of slavery in regulating race through immigration law and customary law disrupts this picture of Latin America as “racially innocent.” I will then assess the ways in which the contemporary Latin American antidiscrimination laws seek to eradicate the legacy of racial inequality wrought by the historic racism of the state. Finally, I will conclude the book with insights as to how the examination of the Latin American context may be helpful to the U.S. racial justice movement today, given the growing denial of the existence of racism in the United Sates. In doing so, I shall adopt the term “Afro-descendants,” which Latin American race scholars and social justice movement actors use to encompass all persons of African descent in Latin America who are affected by antiblack sentiment whether or not they personally identify as “black” or adopt a mixed-race identity such as mulatto or mestizo. This book will not focus upon the racial inequality issues of indigenous groups in Latin America given the extensive literature that already exists regarding that topic. Instead the analysis will focus upon the particular history of Afro-descendants’ relationship to the state as formerly enslaved subjects seeking visibility as citizens and full participants in the national identity despite the societal denial of racism…

Census Race Change For Hispanics Sparks Criticism

The Huffington Post
2013-01-09

Tony Castro

Some Latino civil rights groups are questioning the U.S. Census consideration of designating Hispanics a race of their own, fearing the loss of national original designations.

The change, making “Hispanic” a racial instead of an ethnic category, would eliminate the check-off boxes for national origins such as Mexican, Cuban and Puerto Rican.

“There is no unanimity on what any of this stuff means,” says Angelo Falcón, director of the National Institute for Latino Policy and co-chair of a coalition of Latino advocacy groups that recently met with Census officials.

“Right now, we’re very comfortable with having the Hispanic (origin) question… Hispanic as a race category? I don’t think there’s any consensus on that.”

Scholars oppose “Hispanic” being considered a race

Fordham University law professor Tanya Hernández, author of the new book Racial Subordination in Latin America, is among the scholars opposing the proposal to join race and ethnicity as a “Hispanic” category.

“Census data is used in very important ways, for example to monitor compliance regarding civil rights and racial disparities,” says Hernandez, who fears that eliminating existing racial categories would have a negative impact…

Read the entire article here.