Mixed Race Studies

A Reappraisal of the Constitutionality of Miscegenation Statutes

Cornell Law Quarterly
Volume 42, Issue 2 (Winter 1957)
pages 208-222

Andrew D. Weinberger, LL.B., D. HUM, Member of the New York Bar, New York City & Visiting Professor of Law
Nationzal University of Mexico

Today [in 1957], 21 States of the Union by statute forbid marriages on racial grounds. These statutes are neither uniform in the racial groups against whom the ban is applicable, nor in defining membership in the various ethnic groups. Thus, while in Utah white-Mongolian marriages are illegal and void, in North Carolina they are permitted. In Arkansas, where white-Negro marriages are void, a Negro is defined as “any person who has in his or her veins any Negro blood whatever.” In Florida, one ceases to be a Negro when he has less than “one-eighth of . . . African or Negro blood”; and in Oklahoma, anyone not of “African descent” is miraculously transmuted into a member of the white race.

The racial groups affected by such statutes include Mongolians, Malays, Hindus, Chinese, Japanese, Ethiopians, American Indians, Cherokees, Mestizos, Halfbreeds, and “the brown race.” The sole racial group (other than white persons) affected by all twenty-one statutes is the Negro…

Read the entire article here.

Multiracial Matrix: The Role of Race Ideology in the Enforcement of Anti-Discrimination Laws, a United States – Latin America Comparison

Cornell Law Review
Volume 87, Number 5 (July 2002)
Cornell University Law School

Tanya Katerí Hernández, Professor of Law
Fordham University

This Article examines the role of race ideology in the enforcement of antidiscrimination laws.  Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America.  The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing on race is itself racist.  Because the multiracial matrix parallels much Latin American race discourse, Professor Hernández conducts a comparative analysis between U.S. and Latin American anti-discrimination law enforcement practices.  Professor Hernández concludes that the new race ideology bolsters the maintenance of race hierarchy in a racially diverse population.  Consequently, an uncritical embrace of the new race ideology will hinder the enforcement of antidiscrimination law in the United States.  Professor Hernández proposes that a greater focus on racism as a global issue that treats race as a political identity formation will assist in the recognition of the civil rights dangers of a multiracial matrix.

Read the entire article here.