Op-Ed: Moving Beyond Race-Based Health

Posted in Articles, Health/Medicine/Genetics, Media Archive, Politics/Public Policy on 2011-08-28 00:07Z by Steven

Op-Ed: Moving Beyond Race-Based Health

The Herald-Sun
Durham, North Carolina
2008-08-22

Susanne Haga, IGSP Scholar, Assistant Research Professor
Duke Institute for Genome Science & Policy

At a time when genetics research continues to reveal just how similar we all are, it’s frustrating to see the continued reliance on race as a basis to treat individuals differently when it comes to their health.

I’m not referring to the inequitable treatment experienced by some groups with respect to access to health care services, but rather to the development of race-based products such as vitamins and drugs.

A company called GenSpec is selling vitamins specially formulated for African-Americans, Caucasians, and Hispanics.

While there are some differences in disease prevalence among races, there are no diseases or conditions—and certainly no nutritional requirements—that are exclusive to just one group. If we’ve learned anything from the last decade of genetics research, it’s that our DNA is generally colorblind.

Although genetics is involved in most if not all aspects of our health, the environment plays at least an equal role. Even if we knew which genes played a part in our dietary needs, it’s unlikely those differences would follow perceived racial divides…

…The recent increase in the numbers of people who identify with more than one race would seem to pose a rather large problem to the companies marketing race-based products.

Halle Berry, Tiger Woods, and Barack Obama are some of the more well-known names in this fast-growing group. Or perhaps these companies are smarter than we give them credit for.

One blogger, apparently of mixed heritage, asked if she should take the ‘Caucasian’ vitamins in the morning and the ‘African-American’ ones at night…

…Not only are companies misleading the public to believe that races are biologically distinct, requiring race-specific products, but the basis for their wares flies in the face of science. As we stride toward a more personal approach to health and medicine, we need to look beyond skin color. Population-based health and medicine should be a thing of the past.

Read the entire op-ed here.

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The pitfalls of tracing your ancestry

Posted in Anthropology, Articles, Health/Medicine/Genetics, Media Archive on 2011-08-27 23:49Z by Steven

The pitfalls of tracing your ancestry

Nature News
Nature Magazine
2008-11-13

Brendan Maher

Charmaine Royal of the Duke Institute for Genome Sciences and Policy explains the limitations of genetic testing.

Ancestry testing is genetics’ most direct and sometimes tempestuous interaction with personal identity. An estimated half-a-million Americans will purchase genetic tests from companies this year and thousands more will participate in university research where such tests will be used. The tests raise ethical and legal questions, on which an 11–15 November meeting of the American Society of Human Genetics (ASHG) in Philadelphia, Pennsylvania, hopes to provide some guidance.

Charmaine Royal, an associate professor at the Duke Institute for Genome Sciences and Policy in Durham, North Carolina, who co-chairs a task force—looking at genetic ancestry testing—at the meeting, talks to Nature.

What prompted the ASHG to develop these recommendations?

People have been researching their ancestry forever, using stories and historical records, and people have taken advantage of genetic technology with the hope of learning more. But there’s this perspective that genetics provides the truth, and that may need to be challenged. In general, genetic ancestry testing is fallible just like many of the tools we use. Some people think that genetics will provide the be all and end all of information about their ancestry. There are limitations as to what ancestry can provide…

What are the limitations of such tests?

The general limitation, I’d say, of all of these tests, is that they can’t pinpoint with 100% accuracy who your ancestors may or may not be. Some people are concerned that the biogeographical ancestry test reifies the notion of race. This is the notion that there are four or five parental groups from which we all came and there are discrete boundaries between these groups. But our genetic research has shown that those boundaries don’t exist.

In lineage testing, where someone is wanting to know which tribe or region in Africa they came from, the information that’s given is based on the present day populations. The names of those groups and those locations have changed over time and so people getting that information about present day Africans and extrapolating to who their pre-middle-passage ancestors may have been—that may not necessarily be accurate. So, those limitations need to be clarified.

Another limitation is that the outcomes of ancestry tests are very much dependent on what is already in a database—who a client’s DNA can be matched to. If a database is not comprehensive some potential matches will be missing, and nobody has a complete database. That’s a major limitation, probably one of the biggest…

Read the entire article here.

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The Social Adjustment of Chinese Immigrants in Liverpool

Posted in Articles, Asian Diaspora, Media Archive, Social Science, Social Work, United Kingdom on 2011-08-26 23:51Z by Steven

The Social Adjustment of Chinese Immigrants in Liverpool

The Sociological Review
Volume 3, Issue 1 (July 1955)
pages 65-75
DOI: 10.1111/j.1467-954X.1955.tb01045.x

Maurice Broody

Some of the most urgent social problems of a cosmopolitan seaport city like Liverpool are problems of adjustment between ethnic minorities and the indigenous society into which they have migrated. This adjustment is often very difficult, and many immigrant communities suffer acutely as a result of prejudice and discrimination. Their problems have been the concern of both administrators and sociologists, and the research which has hitherto been undertaken in Liverpool into problems of race-relations has been related to the Negro communities, since it is they which are most adversely affected by racial discrimination.

The Chinese community, on the other hand, it interesting precisely because its adjustment is not regarded as a problem. In a report, which was published in 1930, Miss M.[uriel] Fletcher came to the conclusion that the Chinese, unlike the West African community, did not present a serious social problem. That judgment was confirmed four years later by Caradog Jones, whose comment on the Negro and Chinese communities still appears to be substantially true: Each community comprises about 500 adult males. In both cases, there has been widespread inter-marriage and cohabitation with white women. Here the resemblance between the two groups ceases. The Chinese appear to make excellent husbands and there is little evidence of any of their families falling into poverty, but the same cannot be said of the negroes and their families. The half-Chinese children on growing up find little difficulty in obtaining work or in entering into marriage with the surrounding white population. The girls in particular are attractive and good-looking. On the other hand, the Anglo-negroid children when grown up do not easily get work or mix with the ordinary population.

The comparatively untroubled adjustment of the Chinese may be explained partly by the fact, that local residents do not discriminate…

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The Fear of Colonial Miscegenation in the British Colonies of Southeast Asia

Posted in Articles, Asian Diaspora, History, Identity Development/Psychology, Media Archive, Social Science on 2011-08-26 17:02Z by Steven

The Fear of Colonial Miscegenation in the British Colonies of Southeast Asia

The Forum: Cal Poly’s Journal of History
California Polytechnic State University, San Luis Obispo
Volume 1, Issue 1, Article 8 (2009)
pages 54-64

Katrina Chludzinski, Co-Editor

Between 1820 and 1923, European and American travelogue writers in the Southeast Asian British Colonies looked down upon Europeans participating in miscegenation with local women. They felt that it was a “barbaric” institution, and if Europeans participated in miscegenation, they were destroying the racial hierarchy that had been established during colonialism. They feared miscegenation would blur the racial lines that had been used as the basis for control over the colonies. Miscegenation also produced children of mixed races, called Eurasians. Eurasians became a separate class, however, the British and Southeast Asians did not know how to classify and treat them. Eurasians were not accepted by Europeans or Southeast Asians, they were a group of people not even recognized as a class. Why did the European and American travelogue writers fear miscegenation between Europeans and Southeast Asians? By examining European and American travelogues, I will argue that in the Southeast Asian British Colonies between the years 1820-1923, British and American travelogue writers feared miscegenation between Europeans and Southeast Asians because it challenged the existing racial structures.

For this paper I will rely exclusively on the Travelogues of Europeans and Americans. They provide a window into the culture of Southeast Asia which Southeast Asians themselves did not write about. Southeast Asian culture was new and different to European and American travelogue writers, however. As such, they documented extensively what which was foreign or strange to them. Though relying exclusively on travelogues limits this paper by excluding the Southeast Asian perspective, my purpose is to analyze the European and American perspective on Southeast Asian culture. Travelogues proved the best source for such analysis.

For the history of miscegenation in Southeast Asia, I will mainly rely on John G. Butler’s The British in Malaya 1880-1941: The Social History 0f a European Community in Colonial South-East Asia. According to Butler, colonial miscegenation came about due to the necessity for female companionship. He goes on to speculate that concubinage occurred mainly in rural settings, and that these woman not only provided companionship, but they also helped acclimate European men to their new Southeast Asian settings. Later in his book, Butler describes how concubinage began to decline in the early twentieth century as Europeans in Southeast Asia began to make more money and were able to afford to bring European wives over…

…The British saw miscegenation as dangerous to the colonial structure because it contradicted the belief that Southeast Asians were inferior to Europeans. In one American travelogue from the Philippines, the writer compared the way that the British and the Spanish treated the natives. He commented that the British ridiculed the Portuguese and the Spanish for allowing interracial marriage. The British felt that miscegenation would result in the decline of the colonial government and even the decline of home government of the colonizing power, even though they did not explain how.  The conclusion that interracial marriage would lead to the decline of the colonial structure could only result from the fear that interracial marriage blurred the lines of the racial hierarchy that the British had established. According to the same American travelogue writer, the British believed that interracial marriage produced “mongrel,” “inferior” and “renegade” Eurasian children. The British did not know how to classify Eurasians and did not want to recognize their European descent. In order to maintain their racial hierarchy, the British needed to establish the inferiority of Eurasians in any way possible, including the use of derogatory words to describe them. Ann Stoler explains that miscegenation presented questions that Europeans were not ready to answer. One 0f those questions was how to maintain white supremacy when their racial purity was threatened by miscegenation. The British response to this question was to classify Eurasians as inferior and employed derogatory language to make them social outcasts and discourage others from participating in miscegenation.

European travelogue writers dismissed concubinage between Europeans and Southeast Asians because they did not want to admit that European men were part of the problem to the degradation of their racial structures. A British travelogue writer in Burma made excuses for British men falling into concubinage. He claimed that Burmese women had sweeter and more affectionate personalities, therefore British men could not help themselves. Ann Stoler remarks that Europeans also felt by keeping the race pure and abstaining from promiscuity, they were establishing their superiority over Southeast Asians. But concubinage would make the established racial structures harder to define, thereby making it harder to maintain their racial superiority. An interracial couple threatened the Caucasian racial purity. But they feared that if they admitted that British men were willing participants in miscegenation it would encourage other British men to do it as well. In an attempt to deter other British men from it, travelogue writers refused to admit that British men were consciously able to consent to concubinage.

To establish that British were not at fault for participating in miscegenation, other excuses were made by travelogue writers. For example, one writer claimed that Europeans could not help themselves. The climate of Southeast Asia weakened their strength to stand by their British morals. These outrageous claims were only used to remove all blame from Europeans and place it on the natives, or the climate of the colony itself…

…Miscegenation produced Eurasian children that were not European or Asian; they were a people without an identity that had the ability to change the European established racial hierarchy. Christina Firpo mentions that in Vietnam, Eurasians were clearly recognizable as being of French descent. But the French viewed this as a threat to their racial purity and superiority. A British travelogue writer noticed that Eurasians were divided amongst themselves based on how closely they resembled Europeans. The Eurasians with the skin tones and facial features that more closely resembled those of Europeans had higher social statuses than those that had features that more closely resembled Southeast Asians. ‘This made it seem like there were several racial categories within the Eurasian community. This confusion over racial hierarchies within the Eurasian community created confusion among the British. The British were confused as to how to categorize Eurasians racially. The British had established a strict racial hierarchy. They were also convinced that they would be able to maintain a racial purity amongst the Europeans. So they were not prepared when British men began to participate in miscegenation and producing another race. As Ann Stoler put it, Eurasians “straddled the divide” between colonizers and colonized. This “divide” blurred some of the racial lines between Europeans and Southeast Asians, which terrified the British.

Travelogue writers also noticed that Eurasians were disliked by both Europeans and Asians. Not only were they despised by the Europeans, but since they despised their Southeast Asian heritage, they alienated themselves even further by rejecting the Southeast Asian community. This left Eurasians isolated and alone. The British feared Eurasians because they did not know what Eurasians would do, since they were not accepted by either community. Eurasians were also alienated in their own families. One travelogue writer wrote that in Eurasian families, the lighter skinned children had more privileges than the darker skinned ones. The British feared that unrest in the Eurasian community for not having a place in the previously established racial structure might lead to political unrest. Eurasians did not belong to European or Asian societies and they suffer disadvantages for it.  They were rejected from some jobs and events because they were Eurasian. The British would not allow them access to all European events or to high ranking European jobs. Furthermore, Southeast Asians would not accept them into the Southeast Asian community. In most cases, the European father left and the family was financially cut off and without a father. Having their European fathers leave lead to feelings of abandonment and alienation as well. In some cases, when the European father left, the family became poor. So not only were the Eurasian children alienated from most communities, they were left with no means to support themselves….

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The Film You Didn’t See – Who’s the Alien, Cowboy?

Posted in Articles, Literary/Artistic Criticism, New Media, Videos on 2011-08-26 02:10Z by Steven

The Film You Didn’t See – Who’s the Alien, Cowboy?

Cultural Weekly
2011-08-25

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Ulli K. Ryder, Visiting Scholar
Center for the Study of Race and Ethnicity in America
Brown University

Chances are you didn’t see Cowboys and Aliens. The film won’t get to $100 million box office in the US, and it is sinking fast overseas as well.  There’s even been collateral damage—in the wake of its lackluster performance, Disney has put the brakes on the even-more-expensive Lone Ranger, to have starred Johnny Depp.
 
Cowboys and Aliens didn’t get audience traction because of mixed genres and mixed reviews, but the most intriguing aspect audiences and critics alike missed is the film’s approach to mixed races and mixed species.  The movie is an overt critique of colonialism and racism.  Think we’re reaching for subtext?  Well, it’s about as obvious as a gigantic spaceship hovering over the Western sky…

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The Eastmans and the Luhans: Interracial Marriage between White Women and Native American Men, 1875-1935

Posted in Articles, History, Media Archive, Native Americans/First Nation, United States, Women on 2011-08-26 01:37Z by Steven

The Eastmans and the Luhans: Interracial Marriage between White Women and Native American Men, 1875-1935

Frontiers: A Journal of Women Studies
Volume 23, Number 3 (2002)
pages 29-54
DOI: 10.1353/fro.2003.0009

Margaret D. Jacobs, Professor of History & Director, Women’s and Gender Studies
University of Nebraska, Lincoln

At a lavish wedding and reception in New York City in 1891 Elaine Goodale, daughter of a prominent New England family, married Charles Eastman, a member of the Wahpeton band of the Santee Sioux (Dakotas). Writing in her memoirs Elaine declared, “I gave myself wholly in that hour to the traditional duties of wife and mother, abruptly relinquishing all thought of an independent career for the making of a home. At the same time, I embraced with a new and deeper zeal the conception of life-long service to my husband’s people.” Charles, a medical doctor, described himself a few months before their marriage by writing, “I was soon to realize my long dream—to become a complete man! I thought of little else than the good we two could do together.” Both Charles and Elaine were members of a group of reformers who sought to solve the so-called Indian problem through assimilation, and they portrayed their marriage as a natural means to overcome Indian “backwardness” and poverty. The white woman would further uplift her already civilized Dakota husband, and the couple would work diligently to serve his people.

Fifty years later New York socialite Mabel Dodge moved to Taos, New Mexico, with her Russian émigré husband, the painter Maurice Sterne. Mabel soon became entranced with Tony Luhan, a Taos Pueblo Indian. Describing her feelings, Mabel wrote in her memoirs:

I had a strange sense of dislocation, as though I were swinging like a pendulum over the gulf of the canyon, between the two poles of mankind, between Maurice and Tony; and Maurice seemed old and spent and tragic, while Tony was whole and young in the cells of his body, with his power unbroken and hard like the carved granite rock, yet older than the Germanic Russian whom the modern world had destroyed.

Mabel and Tony eventually divorced their respective spouses and married each other in 1923. In this case Mabel saw herself as a bridge between Tony’s people and her own; she envisioned her marriage not as a vehicle by which to uplift and “serve her husband’s people,” but as a means to save her own race from the destruction wrought by the modern world.

The stories of the Eastmans’ and Luhans’ marriages contain all the necessary ingredients for two “racy” novels but they also provide more than voyeuristic romances. As Peggy Pascoe has written, “For scholars interested in the social construction of race, gender, and culture, few subjects are as potentially revealing as the history of interracial marriage.” Both the Eastmans and the Luhans operated at the outer boundaries of American racial norms. Yet, through writing and speaking about their marriages, both couples worked to transform the racial ideologies of their times. Similarly both couples were bound by the gender norms of their respective eras but they also actively reshaped gender and sexual conventions…

…As Pascoe argues, a study of interracial marriage can also yield a greater understanding of the construction of gender norms as well. Just as with the study of race, women’s historians and other feminist theorists have for decades documented the fleeting nature of gender norms and argued that gender is not a fixed set of notions that directly correlates with biological differences between the male and female sex. Many scholars of intermarriage have ignored gender; they have made little distinction between attitudes toward and laws aimed at relationships between white men and nonwhite women and those directed toward unions between white women and nonwhite men.10 But, as a growing number of other historians have shown, American society has had markedly different attitudes toward interracial marriage depending on the gender of the white person involved. In general, interracial relationships between white men of the colonizing, dominant group and nonwhite women of colonized, conquered, and/or enslaved groups have been tolerated. Although laws in many colonies and states forbid interracial marriage between white men and black women, for example, many white slave owners commonly engaged in forced sex, concubinage, and informal relationships with their female slaves without social opprobrium. As we shall see, relationships between white men and Indian women were similarly tolerated within American society. Liaisons between white men and nonwhite women did not violate the hierarchical order that developed between European Americans, African Americans, and American Indians. Rather, they represented extensions and reinforcements of colonialism, conquest, and domination.

As David Fowler, Kathleen Brown, and Martha Hodes have pointed out, however, white Americans were much more threatened by interracial sex and marriage that involved white women and nonwhite men. Where there was a higher incidence of such liaisons, as in Virginia and Maryland, colonies and states were much more likely to pass laws against interracial marriage. When white women and nonwhite men engaged in sexual relationships or married, they violated the colonial, racial, and patriarchal order. Within this order, white men dominated both their daughters and wives as well as groups of subjugated peoples, including American Indians and African Americans. By law, white women were economic, social, and sexual possessions of white men, therefore, a nonwhite man who “possessed” a white woman undermined the gendered and racialized dominance of white men. The children of such unions also threatened the social order, especially since southern colonies had conveniently passed laws establishing that children followed the condition of their mothers. Thus a union between a white woman and a nonwhite man could allow a child of a “Negro” or Indian man to be legally white…

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Mixed-Bloods, Mestizas, and Pintos: Race, Gender, and Claims to Whiteness in Helen Hunt Jackson’s Ramona and María Amparo Ruiz de Burton’s Who Would Have Thought It?

Posted in Articles, History, Literary/Artistic Criticism, Media Archive, United States, Women on 2011-08-25 23:26Z by Steven

Mixed-Bloods, Mestizas, and Pintos: Race, Gender, and Claims to Whiteness in Helen Hunt Jackson’s Ramona and María Amparo Ruiz de Burton’s Who Would Have Thought It?

Western American Literature
Volume 36, Number 3 (Fall 2001)
pages 212-231

Margaret D. Jacobs, Professor of History & Director, Women’s and Gender Studies
University of Nebraska, Lincoln

Since the 1980s, a growing number of scholars in widely different fields have discredited race as a self-evident category of human social relations. Alongside the work of scientists who have found no genetic or biological basis for racial categorization, critical race theorists have looked to changes in legal definitions of race and citizenship to conclude that race is socially and culturally constructed. Historians have contributed to the field by analyzing the history of Whiteness and the so-called White race. Many groups considered “White” today were once deemed non-White; it was only through renouncing common cause with other stigmatized “races” that certain Americans such as Irish and Jewish immigrants were able to attain White status and privilege. Of course, “choosing” to become White has not been an option for some Americans whose skin color is not light enough to allow them to pass for White. But as George Fredcrickson argues, it is not from color alone that race is constructed. He asserts that “theessential element [in notions of race and racism] is that belief, however justified or rationalized, in the critical importance of differing lines of descent and the use of that belief to establish or validate social inequality”.

The social construction of race played out in myriad spaces: in brightly lit courtrooms and dark bedrooms, in factories and fields, in movie theaters and swimming pools, in classrooms and offices, in fast-moving trains and plodding city buses. The realm of literature as well became a space in which various American sought to envision and enforce their notions of race. The literature of the American West offers a particularly rich bounty of competing constructions of race. Until recently it has been all too common in the fields of both western American literature and western history to study Anglo-Americans’ views of the West and its peoples. A growing number of scholars, however, have challenged the ethnocentrism and cultural hegemony of this approach.

Significantly, though, we are not the first to engage in such a critique of Anglo-Americans’ portrayals of the West. Even as Easterners flooded bookstores and literary journals with their accounts of the West in the nineteenth century, an elite and well-educated Californians, Maria Amparo Ruiz de Burton, penned her own challenge to such representations. In 1872, countering Anglo notions that Californians were a “half barbaric” race who were unfit to govern themselves, to hold property, or to occupy professional positions, Ruiz de Burton published Who Would Have Thought It?, a political satire dressed up as a romance novel. Although written twelve years before one of the most famous Anglo novels about nineteenth-century California, Helen Hunt Jackson’s Ramona, Ruiz de Burton’s novel nevertheless reads like a sharp retort and a satire of Jackson’s view of California and the West…

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Scales of Whiteness and Racial Mixing: Challenging and Confirming Racial Categories

Posted in Articles, Identity Development/Psychology, Media Archive, Social Science, United States on 2011-08-25 00:13Z by Steven

Scales of Whiteness and Racial Mixing: Challenging and Confirming Racial Categories

The Geographical Bulletin
Gamma Theta Upsilon – The International Geographic Honor Socieety
Volume 50-2, November 2009
pages 93-110

Serin D. Houston
Department of Geography
Syracuse University

This paper examines personal and public portrayals of the self and family articulated by heterosexual mixed-race households living in the Pacific Northwest of the United States. It argues that an attention to scale sheds light on how mixed-race partnerships and households both reproduce a racial hierarchy and express shifting racial identities. A focus on the work of whiteness—defined here as an evaluative set of practices and processes that implicitly or explicitly legitimate a static racial hierarchy—in the confirmation of and challenges to racial categories further specifies my claims. I explore seemingly contradictory expressions of race in an effort to 1) point to the resilience of racism and to 2) indicate moments and spaces wherein racial identities change. Through qualitative interviews and a scalar lens, I aim to contribute to conversations on where and how stalwart assumptions about race emerge and add to considerations of where and how interpretations of race adopt a more contextual and dynamic form. Recognizing both the instances when different racialized landscapes come to the fore and the times when ardent stereotypes surface can help pave the way for re-imagining racial futures.

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In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Posted in Articles, History, Identity Development/Psychology, Louisiana, Media Archive, Social Science, United States on 2011-08-24 23:54Z by Steven

In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Communication Quarterly
Volume 50, Issue 3-4 (2002)
pages 391-409
DOI: 10.1080/01463370209385674

Roberto Avant‐Mier, Associate Professor of Communication
University of Texas, El Paso

Marouf Hasian Jr., Professor of Communation
University of Utah

In this essay, the authors explore some of the relational, intersectional, and contextual dimensions of negotiated racial identities. By employing a genealogical method of analysis that looks at three key cases (Anastasie Desarzant, Homer Plessy, and Suzie Phipps), they investigate how various historically‐situated communities in Louisiana have dealt with some of the contradictions, multiplicities and tensions of racial and ethnic identity formation. They then apply these insights in an analysis of issues relating to colorblindness versus color consciousness and commentaries on contemporary examples of how negotiated identities might affect various present‐day publics, debates, and politics.

Americans have always had ambivalent feelings regarding the question of what to do about the nation’s racial identities, and this was especially true when citizens had to deal with the ambiguities of the Enlightenment ideals. During the time of the Founders, civic leaders talked about the importance of the notion that “all men [sic] are created equal,” but when these ideals were put into practice, they had to compete with the economic and social hierarchies that were considered to be mirrors of natural inequalities. Given these normative expectations, it should come as no surprise that in 1790, the first Congress voted that a person must be “white” in order to be a citizen (Nakayama & Krizek, 1995; Omi & Winant, 1994; Roediger, 1994). Since that time, the very notion of what it means to have either a “racial” or an “ethnic” identity has gotten even more complicated, as layers of legal, political, and cultural meanings have pulled us in the competing directions of defending either color con-…

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Developing: Supreme Court vacates Freedmen ruling

Posted in Articles, Law, Media Archive, Native Americans/First Nation, United States on 2011-08-24 18:47Z by Steven

Developing: Supreme Court vacates Freedmen ruling

Cherokee Phoenix
2011-08-23

Christina Good Voice, Senior Reporter

Tahlequah, Okla. – The Cherokee Nation Supreme Court issued a 16-page ruling Aug. 22 that reversed and vacated the decision of the CN District Court regarding the Cherokee Freedmen, stating that the Cherokee people had the right to amend the CN constitution and set citizenship requirements.

Acting Principal Chief Joe Crittenden addressed the ruling at the Aug. 22 council meeting in his State of the Nation.

“All of us, the council, the staff and myself got copies (of the ruling,)” he said. “I’m going to defer to our attorney general for some comments concerning this. I know there are a lot of questions on people’s minds.”

Hammons said the ruling, which was filed at 5 p.m. Monday evening, reverses the decision of the District Court…

…The court also found that the Treaty of 1866 only granted to Freedmen the rights of native Cherokees but that it was the constitution of the Cherokee people that granted them citizenship, she said.

“The freedmen at the time gained citizenship status in the Cherokee Nation by the Cherokee people’s sovereign expression in the 1866 constitutional amendment to the 1839 Cherokee Nation constitution,” according to the ruling. “It stands to reason that if the Cherokee People had the right to define the Cherokee Nation citizenship in the above mentioned 1866 Constitutional Amendment they would have the sovereign right to change the definition of the Cherokee Nation citizenship in their sovereign expression in the March 3, 2007 Constitutional Amendment.”…

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