Mixed Race Studies

The Devil and the One Drop Rule: Racial Categories, African Americans and the U.S. Census

Michigan Law Review
Volume 95, Number 5 (March 1997)
pages 1161-1265

Christine B. Hickman, Associate Professor of Law
California Western School of Law

Table of Contents

• Introduction
• I. Treatment of Mixed-Race People: The Early Legal Record
  • A. The First African Americans and the First Race Mixing
  • B. Mulattoes: Black by Law
  • C. A Study in Contrasts: Exclusion of Mulattoes from De Crèvecoeur’s “New Race of Men”
  • D. The Census and the Mulatto Category, 1850-1910
• II. Proposals for a Multiracial Category: Critiquing the Discourse
  • A. The One Drop Rule: The Misapprehension of the Historical Context
    1. Misperceptions of the One Drop Rule: Gotanda’s Theories of Racial Purity, Objectivity and Subordination in Recognition
    2. The One Drop Rule and “Buying into the System of Racial Domination”
    3. Lessons from the South African Experience
  • B. Rebiologizing Race
    1. The Collapse of Biological Race
    2. Proposals for a Broad Genetically Based Multiracial Category
    3. The Proposal for a Majoritarian Classification System
    4. Biological Passing for Black
    5. The Harlem Renaissance and Cultural
    6. Race, Biology and the Law: The Racial Credential Cases
  • C. The Dangers of Redefining Black: Distancing.
    1. Finding Solutions for the Lighter Part of the Race
    2. Sanitizing our Attacks on Racism
    3. Conclusion
• III. From the One Drop Rule to the Discourse on Race
  • A. There is Race
  • B. Race as a Metaphor
  • C. Essential vs. Cultural Concepts of Race
  • D. Race as a Choice
    1. Appiah, Lee, and the Choice of Our Racial Identity
    2. Choice Today
    3. The Choice of Our Race by Daily Actions
• IV. A Proposal for the Census
  • A. The Broad, Blood-based Multiracial Category
  • B. Counting Loving’s Children on the Race Line
    1. Multiracial Status as Race
    2. The False Choice Between Race and Multirace
    3. The Multiracial Category on the “Race” Line: Guaranteed Inaccuracy
  • C. A Line of Their Own.
• Conclusion

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the “one drop rule,” which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of “hypodescent” and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race but a large part of the history of America.

Now as the millennium approaches, social forces require some rethinking of this important, old rule. Plessy v. Ferguson, which affirmed the right of states to mandate “equal but separate accommodations” for White and “colored” train passengers, is a century old. Brown v. Board of Education, which effectively overruled Plessy and instituted the end of de jure discrimination, was decided over a generation ago. Nearly thirty years have passed since the Supreme Court, in Loving v. Virginia, invalidated any prohibition against interracial marriage as unconstitutional. Since the 1967 Loving decision, the number of interracial marriages has nearly quadrupled. This trend has even extended to Black-White couples, whose intermarriage rate has traditionally lagged behind that of other racial and ethnic groups. For the first time, opinion polls indicate that more Americans approve of interracial marriage than disapprove. The number of children born to parents of different races has increased dramatically, and some of the offspring of these interracial marriages have assumed prominent roles in American popular culture.

Some of these children of interracial marriages are now arguing cogently for a reappraisal of hypodescent. Their movement has sprung to public consciousness with the recent bid by multiracial organizations, over the objections of civil rights groups, to put a “multiracial” category in the “race” section of the forms that will be used when the next decennial census is conducted in the year 2000. This proposal has immense practical importance because the census provides the nation with its main source of racial and ethnic data. For example, implementation of the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Equal Employment Opportunity Act of 1972 all depend on racial and ethnic statistics culled from the census, and the addition of a new category could change the count of the existing racial groups and alter the way these laws are implemented.

One wing of this new multiracial movement argues that a new “multiracial box” should be made available for the growing number of children of interracial marriages. Another wing of this movement, in books and law review articles, suggests that the addition of this category should be part of a wholesale redefinition of the racial identities of most Americans. The thinking of both wings of the multiracial movement is informed by their rejection of hypodescent and the “one drop rule.” To date, the participants in this discourse have emphasized the racist notions of White racial purity that gave rise to the one drop rule. They have concluded that the effects of this old rule are mainly evil and that the consequences of abandoning it will be mainly good. Based in part on such reasoning, the more activist wing of this movement has proposed several neat, symmetrical, and radical redefinitions of African-American racial identity. Under one such proposed definition, any Black person with White or Native American ancestry would become “multiracial.” Under another, any Black person with a “majority of [his] origins in the original peoples of Europe” would become European American.

My purpose in this article is to critique this discourse. I agree that the one drop rule had its origins in racist notions of White purity. However, many scholars have misunderstood the way that this rule has shaped the Black experience in America, and this misunderstanding has distorted their proposals for a new multiracial category on the census forms. As we examine the one drop rule and its importance in the current discourse, we should recall the famous exchange between Faust and Goethe’s Devil:

Faust: Say at least, who you are?

Mephistopheles: I am part of that power which ever wills evil yet ever accomplishes good.

So it was with the one drop rule. The Devil fashioned it out of racism, malice, greed, lust, and ignorance, but in so doing he also accomplished good: His rule created the African-American race as we know it today, and while this race has its origins in the peoples of three continents and its members can look very different from one another, over the centuries the Devil’s one drop rule united this race as a people in the fight against slavery, segregation, and racial injustice…

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Civilisation, Culture and the Hybrid Self in the work of Robert Ezra Park

Journal of Intercultural Studies
Volume 27, Issue 4 (November 2006)
pages 413-433
DOI: 10.1080/07256860600936911

Vince Marotta, Senior Lecturer in Sociology
Deakin University, Melbourne, Australia

Contemporary discussions on hybridity in cultural and ethnic studies have overlooked the work of the Chicago sociologist Robert E. Park. Park’s idea of the “marginal man” and his work on cultural and racial hybridity can shed further light on the construction and representation of the hybrid self. The contribution that Park has made to a social theory of hybridity has been overshadowed by research conducted within post-colonial and cultural studies. I do not suggest that recent conceptualisations of hybridity are inadequate; rather that Park has something to contribute to contemporary accounts and in some cases anticipates some of the themes and issues surrounding the concept of hybridity. The following examination connects Park’s work on hybridity with ideas such as civilisation, culture and modernity and argues that a mild form of primitivism underlines his notion of the “marginal man”.

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Researching mixed race in education: perceptions, policies and practices

Race Ethnicity and Education
Volume 10, Issue 3 (September 2007)
pages 345-362
DOI: 10.1080/13613320701503389

Chamion Caballero, Senior Research Fellow
Families & Social Capital Research Group
London South Bank University

Jo Haynes, Lecturer in Sociology
University of Bristol

Leon Tikly, Professor in Education and Deputy Director of Research
University of Bristol

 Although the ‘Mixed’ primary and secondary school population is rapidly growing in both size and recognition, pupils from mixed racial and ethnic backgrounds are largely invisible in current educational policies and practices regarding minority ethnic pupils. In light of initial Local Education Authority-level data which suggested that pupils from Mixed White/Black Caribbean backgrounds were significantly underachieving and over-represented in school exclusions, the authors of this article conducted a research project which, through a combination of quantitative and qualitative methods, explored the educational attainment, experiences and needs of this group of pupils. Drawing on the qualitative data from the project, this article will discuss three key areas of findings. Firstly, by presenting data from the case study interviews with pupils, parents, teachers and specialist educational (local Ethnic Minority Achievement Service) advisors, the authors will discuss how the perceptions of the White/Black Caribbean pupils they encountered in the schools encompassed both traditional constructions of ‘mixedness’—which conceptualise mixed identities as inherently problematic—and emerging ‘new wave’ constructions—which conceptualise mixed identities not only as unproblematic, but as positive and celebratory. Secondly, the authors discuss the extent to which these perceptions and their potential impact on pupils’ achievement are supported or challenged by existing educational policies and practices. They conclude by highlighting some of the methodological and theoretical challenges encountered in researching mixedness in the educational context and discuss the implications of these for both their research project and the field of ‘mixed race studies’ as a whole.

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Kelly Jackson: Faculty spotlight

Arizona State University
College of Public Programs
2011-01-14

Dr. Kelly Jackson is an Assistant Professor in Social Work in the College of Public Programs.

Before coming to the College four years ago, she earned her Masters in Social Work from the University at Albany, and her PhD in Social Welfare from the University at Buffalo, State University of New York.

Kelly’s research focuses on the cultural identity development of persons of mixed racial and ethnic heritage. She is also interested in developing and evaluating strength-based interventions for at-risk multiracial and multicultural youth.

She says her work is very personal to her.  “As a social worker and a person of mixed race heritage, I am committed to expanding the current knowledge base of multiracial identity development by conducting and disseminating empirical research that utilizes ecological and strength-based conceptualizations of the multiracial experience.”…

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Admixture in a biologically African caste of Black Americans

American Journal of Physical Anthropology
Volume 74, Issue 2 (October 1987)
pages 265–273
DOI: 10.1002/ajpa.1330740213

Curtis W. Wienker, Emeritus Professor of Anthropology
University of South Florida

Social and historical factors account for much of the variation in European ancestry among different Black American populations, including that of McNary, Arizona. The Black population of McNary is socioculturally and geographically isolated. Admixture estimates based upon reflectometry and serological data suggest that this population has less than 5% European ancestry. Anthropometric and hemoglobin data also suggest that this population is more African in ancestry than other Black American populations. Admixture estimates for the population are complicated by several factors. Genetic drift has probably affected Black McNary; estimated effective population size (N_e) is 52.11 and the coefficient of breeding isolation is less than 50. Frequencies of the alleles B, O, and r support this hypothesis; they are quite atypical for a Black American group. Selective migration and occupational selection may also have influenced the current genetic composition of Black McNary. Over 80% of the Black residents of McNary were born in backwoods lumbering towns in the American South. Most Black families in McNary trace their economic reliance on lumbering back several generations. Historical sources and demographic data from Black McNary suggest that Southern Black millworking families formed an endogamous unit that produced this caste, which has a relatively small amount of European ancestry.

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Mestizaje and Law Making in Indigenous Identity Formation in Northeastern Brazil: “After the Conflict Came the History”

American Anthropologist
Volume 106, Issue 4 (December 2004)
pages 663–674
DOI: 10.1525/aa.2004.106.4.663

Jan Hoffman French, Assistant Professor of Anthropology
University of Richmond

In this article, I explore issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. I investigate how race and ethnicity are implicated in the recognition process in Brazil on the basis of an analysis of a successful struggle for indigenous identity and access to land by a group of mixed-race, visibly, African-descended rural workers. I propose that the debate over mestizaje (ethnoracial and cultural mixing) in the Spanish-speaking countries of Latin America can be reconfigured and clarified by broadening it to include such Brazilian experiences. I argue that the interaction between two processes—law making and indigenous identity formation—is crucial to understanding how the notion of “mixed heritage” is both reinforced and disentangled. As such, this article is an illustration of the role of legal discourse in the constitution of indigenous identities and it introduces northeastern Brazil into the global discussion of law, indigenous rights, and claims to citizenship.

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White Mothers, Brown Children: Ethnic Identification of Maori-European Children in New Zealand

Journal of Marriage and Family
Volume 69, Issue 5 (December 2007)
pages 1150–1161
DOI: 10.1111/j.1741-3737.2007.00438.x

Tahu H. Kukutai, Senior Research Fellow
Population Studies Centre
University of Waikato

Studies of multiethnic families often assume the ethnic identification of children with the minority group results from the minority parent. This study examines an alternate view that mainstream parents also play an important role in transmitting minority ethnicity. It explores this argument using data from New Zealand on the ethnic labels mothers assign to their Māori-European children. It finds that European mothers are just as disposed as Māori mothers to designate their child as Māori, either exclusively or in combination. Two explanations, grounded in ethnic awareness and gendered inheritance, are proposed. Although neither satisfactorily predicts maternal designation decisions, the readiness of European mothers to identify their child as Maori underscores their role in diffusing Māori ethnicity.

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Brief communication: Admixture analysis with forensic microsatellites in Minas Gerais, Brazil: The ongoing evolution of the capital and of an African-derived community

American Journal of Physical Anthropology
Volume 139, Issue 4 (August 2009)
pages 591–595
DOI: 10.1002/ajpa.21046

Marília O. Scliar
Departamento de Biologia Geral, ICB
Universidade Federal de Minas Gerais, MG, Brazil

Marco T. Vaintraub
GENETICENTER—Centro de Genética e Reprodução, Nova Lima, MG, Brazil

Patrícia M.V. Vaintraub
GENETICENTER—Centro de Genética e Reprodução, Nova Lima, MG, Brazil

Cleusa G. Fonseca
Departamento de Biologia Geral, ICB
Universidade Federal de Minas Gerais, MG, Brazil

We report the estimated allele frequencies for 13 and 14 microsatellite loci in two populations of Minas Gerais, Brazil as follows: Belo Horizonte (the capital) and Marinhos (an African-derived community). Analysis of the African, Amerindian, and European genetic contributions to both populations, together with historical information, revealed distinct differences between the two populations. Estimates for Belo Horizonte revealed a higher-European (66%) than African (32%) contribution, and a minimal Amerindian contribution. These results are consistent with the peopling of the city mainly by people from the Minas Gerais hinterland, a people highly admixed but with more European ancestry. Estimates for Marinhos confirmed the high-African component of the population. However, a temporal analysis of two datasets—CURRENT (representing the population living in Marinhos today) and ORIGINAL (representing families, who have lived in Marinhos since the onset of the 20th century),—identified a diminishing of the population’s African ancestry from 92% in the ORIGINAL group to 67% in the CURRENT group. This change is here interpreted as a consequence of the growing migration into the village of people with more European ancestry and subsequent admixture with the local population.

Description of the supporting document:

Supporting Table S1. Origin and size of parental sample populations used in admixture analyses. Supporting Table S2. Allele frequencies distribution of 13 STRs loci in Belo Horizonte population. Supporting Table S3. Allele frequencies distribution of 14 STRs loci in Marinhos (CURR) population. Supporting Table S4. Allele frequencies distribution of 14 STRs loci in Marinhos (ORIG) population. Supporting Table S5. Admixture proportions and 90% confidence intervals for each individual of Marinhos population obtained with the Structure 2.0 program.

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Multiple Passings and the Double Death of Langston Hughes

Biography
Volume 23, Number 4 (Fall 2000)
pages 670-693
E-ISSN: 1529-1456 Print ISSN: 0162-4962
DOI: 10.1353/bio.2000.0043

Juda Charles Bennett, Associate Professor of English
The College of New Jersey

Desire to us
Was like a double death,
Swift dying
Of our mingled breath,
Evaporation
Of an unknown strange perfume
Between us quickly
In a naked
Room.

Langston Hughes, “Desire”

At the very beginning of his career and throughout most of his forty years of writing, Langston Hughes repeatedly returned to the theme of racial passing, exploring the subject in two autobiographies, several poems and short stories, a brief scene in his first novel, and at least one play. More than those writers who could easily pass for white—Jean Toomer and Walter White—and more than those writers who have become central to the growing study of passing literature—Nella Larsen and William Faulkner—Langston Hughes examines this figure through all the major genres, and more importantly, with an incredible range and inventiveness. In surveying the work, however, it becomes apparent that Hughes began to abandon the theme of racial passing just as he was beginning to explore the interrelated themes of homosexuality and homophobia. As Hughes moves to this “new” material, he can be found structuring it, perhaps as many authors do, upon his early work, with the more familiar drama of racial passing informing his approach to homosexuality. Perhaps less obvious are the ways that the early representations of racial passing, including…

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A Sea Captain’s Wife: A True Story of Love, Race, and War in the Nineteenth Century (review)

Journal of American Folklore
Volume 124, Number 491 (Winter 2011)
pages 120-121
E-ISSN: 1535-1882 Print ISSN: 0021-8715

Sharon Downey Varner
Department of English
University of South Alabama

Hodes, Martha. A Sea Captain’s Wife: A True Story of Love, Race, and War in the Nineteenth Century. New York: W. W. Norton & Company. 2007.

This meticulously researched historical narrative is reconstructed from letters written by the subject and her family members. In A Sea Captain’s Wife, historian Martha Hodes brings to life the story of an obscure New England woman who marries a black man after the Civil War and takes up residence in the Cayman Islands. Hodes is a professor of history at New York University and the author of White Women, Black Men: Illicit Sex in the Nineteenth Century South.

Eunice Richardson, the subject of this book, was born a white, working-class woman in New England in 1831. She was first married to William Stone, a fellow New Englander, with whom she moved to Mobile, Alabama, for a period of time. Hodes speculates that it was in Mobile that Eunice first became acquainted with Smiley Connolly, an African American who would become her second husband.

Hodes leaves no stone unturned and no document undogged. Her storyteller’s bent, her understanding of the complex racial climate of the late 1800s, and her extensive historical knowledge combine to produce an engaging historical document that reads like a novel…

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