Race, Marriage, and the Law of Freedom: Alabama and Virginia 1860s-1960s

Posted in Articles, History, Law, Media Archive, United States, Virginia on 2014-02-24 03:05Z by Steven

Race, Marriage, and the Law of Freedom: Alabama and Virginia 1860s-1960s

Chicago-Kent Law Review
Volume 70, Issue 2: Symposium on the Law of Freedom, Part I: Freedom: Personal Liberty and Private Law (1994)
pages 371-437

Peter Wallenstein, Professor of History
Virginia Polytechnic Institute and State University

INTRODUCTION

In 1966, one hundred years after Congress passed the Fourteenth Amendment and sent it to the states for ratification,’ Richard and Mildred Loving took a case to the U.S. Supreme Court to challenge their convictions for having violated Virginia’s laws against interracial marriage. In the months ahead, the nation’s high court would face squarely, for the first time, the question of whether laws like Virginia’s violated the Fourteenth Amendment. In June 1967, in a unanimous decision, the Court struck down all laws that made the racial identity of an American citizen a criterion for indictment and conviction for the crime of contracting a marriage.

The most private of relationships proved tightly entwined with public policy in the years after the end of American slavery. Sexual relations across racial lines-whether within marriage or outside itproved a topic of judicial interest into the 1960s for two reasons. First, many American states enacted and long retained statutes restricting such interracial relations, and second, some people sought to establish and maintain such relations whatever the law. Generalizing about the racial attitudes and behavior of white southerners, Swedish sociologist Gunnar Myrdal noted in the early 1940s that “the closer the association of a type of interracial behavior is to sexual and social intercourse on an equalitarian basis, the higher it ranks among the forbidden things.”

This Essay focuses on the most forbidden thing of all: marriage between African Americans and European Americans. The Essay details the origins and application of laws against such marriages, and tracks the history of challenges in the courts to those laws. Two states, Virginia in the Upper South and Alabama in the Deep South, together illustrate how the law related to sex, marriage, and interracial couples. Though the variations on a general theme are intriguing, the two states differed little in the outlines of their legislative or judicial histories on questions of miscegenation. Both states criminalized sexual and marital relations of an interracial nature. In both states, any number of cases developed at the local level, as the courts dealt with indictments for violating the antimiscegenation laws. At the appellate level some defendants brought appeals on constitutional or other grounds. The legal environment in each state was shaped by a decision from the other state.

Four cases, two from Alabama and two from Virginia, went to the U.S. Supreme Court. In 1883, Pace v. Alabama supplied a major precedent in favor of the constitutionality of antimiscegenation statutes. Virginia relied on Pace into the 1960s to justify its own antimiscegenation  laws. In two cases in the 1950s, Jackson v. Alabama and Naim v. Virginia, the Court skirted the issue and left Pace intact. In 1967, in Loving v. Virginia, the Supreme Court finally reversed Pace and established a new law of race and marriage throughout the nation. Only in the 1960s, a full century after Emancipation, did the Supreme Court declare statutes against interracial marriage unconstitutional. Only then did the law of slavery and racism defer at last to the law of freedom and racial equality.

The law that the Lovings challenged in the 1960s had its origins in the seventeenth century. In Virginia, slavery and antimiscegenation legislation developed together. In Alabama, by contrast, laws restricting interracial marriage originated only in the 1850s. In both states, such laws reached their fullest development in the years between 1865 and 1883, that is, in the generation after the Civil War and Emancipation. Moreover, in both states the legal definitions of white and non- white shifted in the early twentieth century, such that residents with any discernible African ancestry were classified as nonwhite (something not the case in the nineteenth century).

When the Lovings married each other in 1958, no constitutional challenge to antimiscegenation laws had succeeded in any federal court. The American system of marital Apartheid no longer held sway in many states outside the former Confederacy, but in the South it showed no promise of relinquishing its control. That system had its origins, at least in Virginia, as far back as the 1690s. It had grown more powerful as slavery had. It had continued to grow more powerful into the 1920s and 1930s. As late as the 1950s, efforts to challenge the system in state and federal courts alike in both Alabama and Virginia had come to naught. Yet, the Lovings prevailed in their challenge. This Essay tells the history of the system they challenged and outlines the story of that challenge and its aftermath…

Read the entire article here.

Tags: , , ,

Being Mixed in Today’s America

Posted in Articles, Asian Diaspora, Autobiography, Media Archive, United States on 2014-02-23 23:46Z by Steven

Being Mixed in Today’s America

Diverse: Issues in Higher Education
2014-02-07

Jonathan Ng
California State University, San Bernardino

For me, being mixed ethnicity has been a multiple-way street ― like a giant intersection. I am Black, White and Chinese; however, based on my skin color, most people classify me as Black. I look racially ambiguous, so people like to ask me what I am. When I tell them that I am Black and White, they think, “Oh, that’s kind of what I guessed.” But then when I finish and say that I am Chinese, it absolutely blows their minds. They respond “How?” or “No you are not!”

It is strange to think that people actually deny me of my own heritage like I am wrong, but when I tell them that my last name is Chinese (Ng), they accept it and say, “Oh so that’s where your last name comes from. I thought it was different.” Here’s something I found to be interesting, though. When I tell people that I am Black, White and Chinese, they understand that I am mixed; however, the only thing they care about is the Black and Chinese part. I think they selectively hear Black and Chinese because it seems the most interesting to them. I often get asked questions like, “What part of you is Chinese?” I have to explain my family history to just about everybody I meet. When I tell them that my family has been mixed since my great-grandparents on one side and my grandparents on my other side, they are absolutely shocked. Yes, I have a family of rebels.

This has become a daily routine for me ― let’s say weekly routine, because, yes, it has become that common for me to explain my heritage to people I meet. I don’t really mind it as much because I try to put myself in their shoes and understand how hard it is to grasp that my family has been mixed for so many generations back…

Read the entire article here.

Tags: ,

Pacifically Possessed: Scientific Production and Native Hawaiian Critique of the “Almost White” Polynesian Race

Posted in Anthropology, Dissertations, History, Media Archive, Oceania, United States on 2014-02-23 22:48Z by Steven

Pacifically Possessed: Scientific Production and Native Hawaiian Critique of the “Almost White” Polynesian Race

University of California, San Diego
2013
320 pages

Maile Renee Arvin

A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Ethnic Studies

This dissertation analyzes how scientific knowledge has represented the Polynesian race as an essentially mixed, “almost white” race. Nineteenth and twentieth century scientific literature—spanning the disciplines of ethnology, physical anthropology, sociology and genetics—positioned Polynesians as the biological relatives of Caucasians. Scientific proof of this relationship allowed scientists, policymakers, and popular media to posit European and American settler colonialism in the Pacific as a peaceful and natural fulfillment of a biological destiny. Understanding knowledge as an important agent of settler colonial possession—in the political as well as supernatural, haunting connotations of that word— this project seeks to understand how Polynesians (with a particular focus on Native Hawaiians) have been bodily “possessed,” along with the political and economic possession of their lands. Thus, the project traces a logic of “possession through whiteness” in which Polynesians were once, and under the salutary influence of settler colonialism, will again be white.

The project’s analysis coheres around four figures of the “almost white” Polynesian race: the ancestrally white Polynesian of ethnology and Aryanism (1830s- 1870s), the Part-Hawaiian of physical anthropology and eugenics (1910s-1920s), the mixed-race “Hawaiian girl” of sociology (1930s-1940s), and the mixed-race, soon-to-be white (again) Polynesian of genetics, whose full acceptance in Hawaiʻi seemed to provide a model of racial harmony to the world (1950s). Rather than attempting to uncover “racist” scientific practices, the project reveals how historical scientific literature produced knowledge about the Polynesian race that remains important in how Native Hawaiians are recognized (and misrecognized) in contemporary scientific, legal and cultural spheres.

In addition to the historical analysis, the project also examines contemporary Native Hawaiian responses to the logic of possession through whiteness. These include regenerative actions that radically displace whiteness, such as contemporary relationship building between Native Hawaiians and other Pacific Islanders. At the same time, other regenerative actions attempt to reproduce Native Hawaiian-ness with a standard of racial purity modeled on whiteness, including legal fights waged over blood quantum legislation. Overall, the project provides a scientific genealogy as to how Polynesians have been recognized as “almost white,” and questions under what conditions this possessive recognition can be refused.

TABLE OF CONTENTS

  • Signature Page
  • Dedication
  • Table of Contents
  • List of Figures
  • Acknowledgements
  • Vita
  • Abstract of the Dissertation
  • Introduction
  • Chapter 1: The Polynesian Problem and its Genomic Solutions
    • Part 1: Defining the Polynesian Problem
      • 1.1.1: From Who to Whose: Origins, Identity, and Possession of the Indigenous Pacific
      • 1.1.2: Polynesia Through the Christian Lens of Degeneration
      • 1.1.3: Heirlooms of the Aryan Race
    • Part 2: (Un)Mapping Humanity: Genetic Sameness and Mixture in the Pacific
      • 1.2.1: Genetically “Solving” the Polynesian Problem
      • 1.2.2: The Hawaiian Genome Project
  • Chapter 2: “Still in the Blood”: Past and Present Configurations of the “Part-Hawaiian”
    • Part 1: Eugenic Thinking About Native Hawaiian Betterment
      • 2.1.1: Eugenics Pedagogy in Hawaiʻi: Uldrick Thompson’s Hopes for the Hawaiian “Remnant”
      • 2.1.2: Sullivan’s “Two Types” of Polynesians
    • Part 2: Leveraging Blood and Whiteness
      • 2.2.1: Polynesian Blood and the Pre-requisite of Whiteness
      • 2.2.2: Calling the Law on “Native Hawaiians with a Capital N”
  • Chapter 3: Re-envisioning “Hybrid” and “Hapa”: Race, Gender and Indigeneity in Hawaiʻi as Racial Laboratory
    • Part 1: Hybrid Hawaiian Types: Native Hawaiian Women in Hawaiʻiʻs Racial Laboratory
      • 3.1.1: The Racial Laboratory of Romanzo Adams and the Chicago School of Sociology
      • 3.1.2: Hybrid Hawaiian Girls
    • Part 2: Hapa and Whole
      • 3.2.1: Kip Fulbeck’s Vision of Hapa as a “Whole” New Race
      • 3.2.2: Re-constellations of Asian Settlers, Haoles Settlers, and Native Hawaiians
  • Chapter 4: Beyond Recognition: Native Hawaiians, Human Rights, and Global Indigenous Identities
    • Part 1: Polynesia and Hawaiʻi in the Science of Race After World World II
      • 4.1.1: The Polynesian Problem as Anti-Racist Example
      • 4.1.2: “Tropical Democracy” and the Science of Stabilizing Mixed Race
    • Part 2: Reframing Recognition: Indigenous Rights and Relationships in Oceania and Beyond
      • 4.2.1: Polynesian / Pacific / Pacific Islander
      • 4.2.2: Indigenous / Non-Self-Governing Territory
      • 4.2.3: Native American / Alaska Native / Idle No More
  • Conclusion
  • Bibliography

Read the entire dissertation here.

Tags: , , , , ,

The invisible weight of whiteness: the racial grammar of everyday life in contemporary America

Posted in Articles, Media Archive, Social Science on 2014-02-23 20:36Z by Steven

The invisible weight of whiteness: the racial grammar of everyday life in contemporary America

Ethnic and Racial Studies
Volume 35, Issue 2, 2012
pages 173-194
DOI: 10.1080/01419870.2011.613997

Eduardo Bonilla-Silva, Professor of Sociology
Duke University

Racial domination, like all forms of domination, works best when it becomes hegemonic, that is, when it accomplishes its goal without much fanfare. In this paper, based on the Ethnic and Racial Studies Annual Lecture I delivered in May 2011 in London, I argue there is something akin to a grammar – a racial grammar if you will – that structures cognition, vision, and even feelings on all sort of racial matters. This grammar normalizes the standards of white supremacy as the standards for all sort of social events and transactions. Thus, in the USA one can talk about HBCUs (historically black colleges and universities), but not about HWCUs (historically white colleges and universities) or one can refer to black movies and black TV shows but not label movies and TV shows white when in fact most are. I use a variety of data (e.g., abduction of children, school shootings, etc.) to illustrate how this grammar works and highlight what it helps to accomplish. I conclude that racial grammar is as important as all the visible practices and mechanisms of white supremacy and that we must fight its poisonous effects even if, like smog, we cannot see how it works clearly.

Read the entire article here.

[View Dr. Bonilla-Silva’s lecture at the Fall 2010 Honors Colloquium at the University or Rhode Island here.]

Tags: ,

Mixed-race children ‘are being failed’ in treatment of mental health problems

Posted in Articles, Media Archive, Social Work, United Kingdom on 2014-02-23 20:00Z by Steven

Mixed-race children ‘are being failed’ in treatment of mental health problems

The Guardian
2014-02-22

Tracy McVeigh, Chief Reporter
The Observer

The fastest growing ethnic group in Britain is still being treated as if it is only integrated into black culture, says report

Children of mixed race are at greater risk of suffering from mental health problems and are not getting the support they need, says a report.

Despite mixed-race children belonging to the fastest-growing ethnic group, the research, backed by the National Children’s Bureau, found that they faced “unrealistic” expectations from teachers and other adults who did not understand their backgrounds.

While mixed-race young people are over represented in the care, youth justice and child protection systems, the authors said they were “invisible” in public service practice and policy.

The report – Mixed Experiences – growing up mixed race: mental health and wellbeing – drew on several studies and interviews with 21 people about their experiences as children.

Co-author Dinah Morley was concerned at the lack of understanding over what it meant to be mixed race, a group most likely to suffer racism. “I was surprised at how much racism, from black and white people, had come their way,” she said. “A lot of children were seen as black when they might be being raised by a white single parent and had no understanding of the black culture. The default position for a child of mixed race is that they are black.”…

Read the entire article here.

Tags: , , ,

Mixed Experiences: Growing up mixed race – mental health and well-being

Posted in Books, Identity Development/Psychology, Media Archive, Monographs, Social Science, Social Work, United Kingdom on 2014-02-23 19:46Z by Steven

Mixed Experiences: Growing up mixed race – mental health and well-being

Jessica Kingsley Publishers
February 2014
96 pages
210mm x 148mm / 8.5in x 5.5in
Paperback ISBN: 9781909391154

Dinah Morley and Cathy Street

Mixed race is the fastest growing population group of children and young people in England and Wales. The diversity of the mixed race group’s does not allow for a one-size-fits-all assessment of needs, and this is the challenge for practitioners.

This guide offers practitioners an insight into the experiences of racism, discrimination and identity confusion that mixed race children and young people encounter. With a focus on mental health, it discusses the policy context and considers the learning from projects and local services that have targeted mixed race children, young people and families.

It will be of value to all practitioners working with children and young people, especially those in the mental health field, and also in health more generally, early years services, social care, education, youth justice and the voluntary sector.

Tags: , ,

MiC Drop: Let’s talk about race

Posted in Articles, Campus Life, Media Archive, United States on 2014-02-21 22:34Z by Steven

MiC Drop: Let’s talk about race

The Michigan Daily
The Campus Newspaper of the University of Michigan at Ann Arbor
2014-01-20

Rima Fadlallah, Michigan in Color Editor
Jerusaliem Gebreziabher, Michigan in Color Editor
Kayla Upadhyaya, Michigan in Color Editor

MiC check 1, 2. 1, 2. Can you hear us? Because we’re here.

We are Michigan in Color, the Daily’s first opinion section designated as a space for and by students of color at the University of Michigan. Welcome! MiC is a place for people of color to voice their opinions and share experiences that are overshadowed by dominant narratives — or the history, stories and perspectives that privilege conformity and make it into the mainstream, marginalizing all other narratives in the process. We hope MiC will elevate conversations on race, identity, liberation and social justice while engaging specifically with communities of color on campus.

Race is a topic that can elicit several different emotions; from shame, pride, anger, confusion, love, discomfort, or all of the above, this space is here to explore it all. We want to unearth “taboos.” We want the topics that feel a bit too coarse to talk about in a crowded coffee shop to roll right off your tongue in this safe space. We want to challenge the historical whiteness of The Michigan Daily by creating this long-needed space that will hopefully lead to a more inclusive newsroom and a better informed campus.

To kick off this exciting new project, we will start at the roots of MiC: What exactly does “person of color” mean?…

…As the founding editors of Michigan in Color, this project means a lot to us. We’re excited; we’re ready.

I’m Jerusaliem Gebreziabher, and I’m here because as a victim of internalized racism (sometimes self-inflicted) I needed this space four years ago. As a first generation American with parents hailing from Ethiopia and heavy strains of Italian blood in my veins, I struggled to identify with anyone and was afraid of being stigmatized if I did.

Although I know myself to be more than my race (ironically I’m often mistaken for being everything but Black), I found it hard to find my place on this campus for fear of being lumped into another category. Throughout my life, I’ve felt waves of shame and pride for who I am, where I’ve come from, or the undeniable evidence my physical features reveal about my identity. MiC is a space where I hope to reconcile some of this conflict and connect to those with shared experiences.

I’m Kayla Upadhyaya, and I’m here because I can still recall the overwhelming sense of affirmation and safety I felt the first time I found myself in a room of only other people of color here at the University. With a father who immigrated from India and a white mother, racial identity is oftentimes a source of confusion for me. But over time, my mixed racial background has become as important to who I am and my writing as is my identity as a feminist, and MiC is a space where I can not only explore those parts of my identity but also connect with other PoCs and write about the issues that truly matter to me…

Read the entire article here.

Tags: , , , , ,

Hawai’i’s Interracial History, Culture, and Tradition: Construction and Deconstruction (Sawyer Seminar VIII)

Posted in Anthropology, History, Live Events, Media Archive, Oceania on 2014-02-21 08:58Z by Steven

Hawai’i’s Interracial History, Culture, and Tradition: Construction and Deconstruction (Sawyer Seminar VIII)

University of Southern California, University Park Campus
Doheny Memorial Library
East Asian Seminar Room (110C)
Friday, 2014-02-28, 09:00-13:00 PST (Local Time)

How are islands connectors of flows of peoples and culture? What types of constructions and deconstructions of race and identity have influenced Hawai’i’s interracial history? How might the past impact the future of racial/ethnic relations on the Hawaiian islands?

PRESENTERS

“Hybrid” and “Hapa”: Challenging the Construction of Hawai‘i as America’s Racial Laboratory

Maile Arvin, University of Santa Cruz, California President’s Postdoctoral Fellow; Ph.D. UC San Diego
Author of Pacifically Possessed: Scientific Production and Native Hawaiian Critique of the “Almost White” Polynesian Race (2013).

“Chinese-Hawaiian Hybrids,” “Hapa Haoles,” and Other Categories: Mixed Race and Racial Consciousness Across the Native-Settler Divide in Territorial Hawai‘i

Christine Manganaro, Assistant Professor
Maryland Institute College of Art
Author of Assimilating Hawai‘i: Racial Science in a Colonial Laboratory, 1919-1959 (forthcoming)

Respondent:

Duncan Williams, Associate Professor of Religion
University of Southern California

For more information, click here.

Tags: , , , , , , , ,

“Alien Citizen: An Earth Odyssey” Performance by Elizabeth Liang

Posted in Arts, Asian Diaspora, Live Events, Media Archive, United States on 2014-02-21 07:53Z by Steven

“Alien Citizen: An Earth Odyssey” Performance by Elizabeth Liang

Arts at MIT
Massachusetts Institute of Technology
Eastman Laboratories (Building 6)
2014-02-21, 18:00-20:30 EST (Local Time)

Written and Performed by Elizabeth Liang

Who are you when you’re from everywhere and nowhere? Alien Citizen: An Earth Odyssey is a funny and poignant one-woman show about growing up as a dual citizen of mixed heritage in Central America, North Africa, the Middle East, and New England.

Elizabeth Liang, like President Obama, is a Third Culture Kid or a TCK. Third Culture Kids are the children of international business people, global educators, diplomats, missionaries, and the military-anyone whose family has relocated overseas because of a job placement. Liang weaves humorous stories about growing up as an Alien Citizen abroad with American commercial jingles providing her soundtrack through language confusion, first love, culture shock, Clark Gable, and sandstorms…Our protagonist deals with the decisions every global nomad has to make repeatedly: to adapt or to simply cope; to build a bridge or to just tolerate. From being a Guatemalan-American teen in North Africa to attending a women’s college in the USA, Alien Citizen reflects her experience that neither one was necessarily easier than the other. She realizes that girls across the world are growing into womanhood in environments that can be hostile to females (including the USA). How does a young girl cope as a border/culture/language/religion straddler in country after country that feels “other” to her when she is the “other” Where is the line between respecting others and betraying yourself?

For more information, click here.

Tags: , ,

“The Red and The White: A Family Saga of the American West” presentation

Posted in History, Live Events, Media Archive, Native Americans/First Nation, United States on 2014-02-21 07:29Z by Steven

“The Red and The White: A Family Saga of the American West” presentation

New Mexico State University
Nason House
1070 University Ave
Friday, 2014-02-21, 13:00-14:30 MST (Local Time)

CLABS-Book Talk to be held Feb. 21

A Center for Latin American Border Studies-Book Talk titled “The Red and The White: A Family Saga of the American West” [on the book by the same name] by Andrew Graybill, William P. Clements Center for Southwest Studies, Southern Methodist University, Dallas, TX will be held at 1 p.m. Friday, Feb. 21, at the Nason House. The event is free and open to the public. The Nason House is located on 1070 University Ave., across from FedEx Kinko’s.

At dawn on Jan. 23, 1870, 400 men of the Second U.S. Cavalry attacked and butchered a Piegan winter camp on the Marias River in Montana in one of the worst slaughters of Indians by American military forces in U.S. history. Come to avenge the murder of their father – a former fur trader named Malcolm Clarke, killed four months earlier by his Piegan wife’s cousin – Clarke’s own two sons rode with the cavalry that day and thus murdered their own blood relatives. Andrew R. Graybill places the Marias Massacre within a larger three-generation saga of the Clarke family, illuminating the complex history of native-white intermarriage in the American West.

The event is free and open to the public. For more information click here.

Tags: , , , , , ,