Journal of Gender, Race & Justice
Volume 11, Number 3, Spring 2008
pages 409-452
Shalini R. Deo, Court Attorney to Hon. Rita Mella
New York City Criminal Court
Shalini R. Deo’s Where Have All the Lovings Gone?: The Continuing Relevance of the Movement for a Multiracial Classification After Parents Involved in Community Schools v. Seattle School District No. 1. Deo assesses how racial classification, especially in the U.S. Census, has an enormous impact on the make up of public schools. She debates the efficacy of a “multiracial” census category versus the “check all that apply” approach endorsed by the Supreme Court in Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1. She critiques the Court’s approach, fearing it will lead to continuing “disregard of the contemporary effects of a race-conscious history” and the presumption that ignoring the issue of race will make it disappear.
Introduction
Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.
This nation has a moral and ethical obligation to fulfill its historic commitment to creating an integrated society that ensures equal opportunity for all its children.
June 2007 commemorated the fortieth anniversary of the Loving decision. In two years, the 2010 Census will, for the second time, specifically enumerate the Loving’s children – and grandchildren – through the “two or more races” category. With the authority to apportion representation, this constitutionally mandated counting is an historical measure of the population as well as a social gatekeeper, determining who counts and for how much. From its founding, the United States recognized the relevance of race. Through the U.S. Constitution, the United States organized the populace of the young nation; identifying some who would not be counted and dividing others, unnamed, who became only fractions. This carefully crafted document reflects an even older story, one of the racism deeply rooted in our nation’s history.
Historically, race has served many functions in the United States. The process by which individuals have been and continue to be “raced” is multi-faceted and complex. The census has played a significant role in this process, …
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