Mixed Race Studies

Quiet as its Kept: Passing Subjects, Contested Identities

Vassar College
Poughkeepsie, New York
Friday, 2019-04-05 through Sunday, 2019-04-07

The phrase “passing for white” first appears in advertisements for the return of runaway slaves. Abolitionist fiction later adopts the phenomenon of racial passing (together with the figure of the “white slave”) as a major literary theme. The term continued to enjoy currency in literature in the postbellum era and during the Harlem Renaissance. Today, “passing” has various manifestations and applications. Not limited to race, the term may indicate subversions of gender, sexuality, religion, ability and class, among other identity coordinates.

This conference responds to renewed interest in passing that derives from the popularity of genetic genealogy tests, sensational cases of racial fraud (i.e., Rachel Dolezal), the idea of “realness” appropriated from ball culture, racial ambiguity in a surveillance state, public fascination with celebrities like Meghan Markle, and the construction (and manipulation) of online identities (i.e., catfishing and blackfishing). Interdisciplinary perspectives on passing, miscegenation, authenticity, sexuality, kinship, and racial ambiguity in the arts, law, memory, popular culture, and the racial state are invited. Themes may include betrayal, secrecy, dissimulation, subjectivity, masquerade, visibility/invisibility, surveillance, fraud, and belonging.

At Vassar College, interest in this topic has reemerged since the publication of Karin Tanabe’s novel The Gilded Years (2016), about Anita Hemmings’ experience as the first black woman known to attend the College. In 1900, poet, novelist, lyricist Paul Laurence Dunbar modeled one of his musical characters (Parthenia Jenkins in Uncle Eph’s Christmas) after Anita Hemmings. By placing a character with Hemmings’ stature in a farce, Dunbar lampoons class / caste based distinctions. More importantly, he associates Hemmings – a racial performer celebrated for her respectability – with less-respected, equally assertive performers of race. Hemmings’s story is currently being adapted into a film, A White Lie, starring Zendaya and produced by Reese Witherspoon and Zendaya. This conference provides an opportunity to reflect on Hemmings’ experience – and those of other black women – who integrated women’s colleges.

This conference is also an occasion to rethink identity categories that have long been naturalized or taken for granted. From critical race theorists, sociologists, and social psychologists like Cheryl I. Harris, George Lipsitz, and Claude Steele to labor historians and feminist scholars such as David Roediger and Ruth Frankenberg, many intellectuals have examined whiteness as a social formation to which disparate ethnic groups (i.e., Jewish, Italian, and Irish) have assimilated. This conference (and concomitant art show at the Frances Lehman Loeb Art Center) can facilitate careful rethinking of assumptions about identity formations and affiliations. All are welcome.

For more information, click here.

What is Racial Passing?

Digital Studios: Origin of Everything
PBS Digital Studios
Public Broadcasting Service
Season 2, Episode 13 (First Aired: 2019-02-27)

Danielle Bainbridge, Host, Writer, and Postdoctoral Fellow
Northwestern University, Evanston, Illinois

What motivates someone to disguise their race, gender, religion, etc.? Today Danielle explores the complicated history of passing in the United States.

The Value of Whiteness

The Diary of a Mad Law Professor
The Nation
2014-11-12

Patricia J. Williams, James L. Dohr Professor of Law
Columbia Law School, New York, New York

A lawsuit is being waged against the “wrongful birth” of a black child.

In a recent encounter between Fox’s Bill O’Reilly and Comedy Central’s Jon Stewart, the two men discussed “white privilege.” O’Reilly maintained that his accomplishments had nothing to do with race and everything to do with hard work. Stewart pointed out that O’Reilly had grown up in Levittown, New York, a planned community to which the federal and local governments transferred tremendous mortgage subsidies and other public benefits—while barring black people from living there—in the post–World War II period. O’Reilly thereby reaped the benefits of a massive, racially exclusive government wealth transfer. As legal scholar Cheryl Harris observed in a 1993 Harvard Law Review article, “the law has established and protected an actual property interest in whiteness”—its value dependent on the full faith and credit placed in it, ephemeral but with material consequences.

A recent lawsuit brought by Jennifer Cramblett pursues the stolen property of whiteness in unusually literal terms. Cramblett is suing an Ohio sperm bank for mistakenly inseminating her with the sperm of an African-American donor, “a fact that she said has made it difficult for her and her same-sex partner to raise their now 2-year-old daughter [Payton] in an all-white community,” according to the Chicago Tribune. Cramblett is suing for breach of warranty and negligence in mishandling the vials of sperm with which she was inseminated, as well as emotional and economic loss as a result of “wrongful birth,” which deprived her of the whiteness she thought she was purchasing…

Read the entire article here.

Because the “presumption of freedom [arose] from color [white]” and the “black color of the race [raised] the presumption of slavery,” whiteness became a shield from slavery, a highly volatile and unstable form of property. In the form adopted in the United States, slavery made human beings market-alienable and in so doing, subjected human life and personhood—that which is most valuable—to the ultimate devaluation. Because whites could not be enslaved or held as slaves, the racial line between white and Black was extremely critical; it became a line of protection and demarcation from the potential threat of commodification, and it determined the allocation of the benefits and burdens of this form of property. White identity and whiteness were sources of privilege and protection; their absence meant being the object of property.

Slavery as a system of property facilitated the merger of white identity and property. Because the system of slavery was contingent on and conflated with racial identity, it became crucial to be “white,” to be identified as white, to have the property of being white. Whiteness was the characteristic, the attribute, the property of free human beings.

Cheryl I. Harris, “Whiteness as Property,” Harvard Law Review, (Volume 106, Number 8, June 1993). 1720-1721.

Whiteness as Property

Harvard Law Review
Volume 106, Number 8 (June 1993)
pages 1707-1791

Cheryl I. Harris, Rosalinde and Arthur Gilbert Professor in Civil Rights and Civil Liberties
School of Law
University of California, Los Angeles

Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how whiteness, initially constructed as a form of racial identity, evolved into a form of property, historically and presently acknowledged and protected in American law. Professor Harris traces the origins of whiteness as property in the parallel systems of domination of Black and Native American peoples out of which were created racially contingent forms of property and property rights. Following the period of slavery and conquest, whiteness became the basis of racialized privilege—a type of status in which white racial identity provided the basis for allocating societal benefits both private and public in character. These arrangements were ratified and legitimated in law as a type of status property. Even as legal segregation was overturned, whiteness as property continued to serve as a barrier to effective change as the system of racial classification operated to protect entrenched power.

Next, Professor Harris examines how the concept of whiteness as property persists in current perceptions of racial identity, in the law’s misperception of group identity and in the Court’s reasoning and decisions in the arena of affirmative action. Professor Harris concludes by arguing that distortions in affirmative action doctrine can only be addressed by confronting and exposing the property interest in whiteness and by acknowledging the distributive justification and function of affirmative action as central to that task.

TABLE OF CONTENTS

• I. INTRODUCTION
• II. THE CONSTRUCTION OF RACE AND THE EMERGENCE OF WHITENESS AS PROPERTY
  • A. Forms of Racialized Property: Relationships Between Slavery, Race, and Property
    • 1. The Convergence of Racial and Legal Status
    • 2. Implications for Property
  • B. Forms of Racialized Property: Relationships Between Native American Land Seizure, Race, and Property
  • C. Critical Characteristics of Property and Whiteness
    • 1. Whiteness as a Traditional Form of Property
    • 2. Modern Views of Property as Defining Social Relations
    • 3. Property and Expectations
    • 4. The Property Functions of Whiteness
      • (a) Rights of Disposition
      • (b) Right to Use and Enjoyment
      • (c) Reputation and Status Property
      • (d) The Absolute Right to Exclude
  • D. White Legal Identity: The Law’s Acceptance and Legitimation of Whiteness as Property
    • 1. Whiteness as Racialized Privilege
    • 2. Whiteness, Rights, and National Identity
• III. BOUND BY LAW: THE PROPERTY INTEREST IN WHITENESS AS LEGAL DOCTRINE IN PLESSY AND BROWN
  • A. Plessy
  • B. Brown I
  • C. Brown II
  • D. Brown’s Mixed Legacy
• IV. THE PERSISTENCE OF WHITENESS AS PROPERTY
  • A. The Persistence of Whiteness as Valued Social Identity
  • B. Subordination Through Denial of Group Identity
  • C. Subjugation Through Affirmative Action Doctrine
    • 1. Bakke
    • 2. Croson
    • 3. Wygant
• V. DE-LEGITIMATING THE PROPERTY INTEREST IN WHITENESS THROUGH AFFIRMATIVE ACTION
  • A. Corrective Justice, Sin, and Whiteness as Property
  • B. Affirmative Action: A New Form of Status Property?
  • C. What Affirmative Action Has Been; What Affirmative Action Might Become
• VI. CONCLUSION

…Because the “presumption of freedom [arose] from color [white]” and the “black color of the race [raised] the presumption of slavery,” whiteness became a shield from slavery, a highly volatile and unstable form of property. In the form adopted in the United States, slavery made human beings market-alienable and in so doing, subjected human life and personhood—that which is most valuable—to the ultimate devaluation. Because whites could not be enslaved or held as slaves, the racial line between white and Black was extremely critical; it became a line of protection and demarcation from the potential threat of commodification, and it determined the allocation of the benefits and burdens of this form of property. White identity and whiteness were sources of privilege and protection; their absence meant being the object of property.

Slavery as a system of property facilitated the merger of white identity and property. Because the system of slavery was contingent on and conflated with racial identity, it became crucial to be “white,” to be identified as white, to have the property of being white. Whiteness was the characteristic, the attribute, the property of free human beings…

Read the entire article here.