Mixed Race Studies

American Mestizo: Filipinos and Antimiscegenation Laws in California

University of California, Davis Law Review
Volume 33, Number 44 (2000)
pages 795-835

Leti Volpp, Professor of Law
University of California, Berkeley

This essay interprets the legal history of efforts to prohibit intermarriage between Filipino men and white women in the state of California in the 1920s and 30s. I do this through examining both public discourse and legal discourse, in the form of advisory opinions of the California State Attorney General and the Los Angeles County Counsel, litigation in Los Angles Superior Court and the California Court of Appeals, and state legislation.

Much scholarship examines antimiscegenation laws through the lens of presumptive heterosexuality, and gives enormous explanatory power to race in a way that ignores the role of class and gender. This paper argues that we need to examine the mutually constitutive nature of these forces in shaping antimiscegenation laws. Thus, I examine how the racial identity of Filipinos was shaped by assumptions about racialized sexuality, colonial relations between the United States and the Philippines, the importation of exploitable laborers without political rights, and the intertwining of gender and nationalism.

The question of whether Filipinos should be prohibited from marrying white women reached the California Court of Appeals in 1933 in the guise of the query as to whether Filipinos should be considered “Mongolian.” The state in 1880 and 1905 had prohibited the licensing of marriages between “Mongolians” and “white persons” and invalidated all such marriages. Subsequent legal challenges involving the right of Filipinos to marry whites betray enormous confusion as to whether Filipinos should be classified as “Mongolian,” or as a separate ethnological group, as “Malay.” This racial classification was put at issue in cases where Filipino/white couples sought to marry, and who therefore asserted that Filipinos were not “Mongolians”; in a case where a mother sought to stop her daughter’s marriage; in two cases where annulment of marriage was sought, one by a white woman, the other by a Filipino man; and in one case in which a prosecutor sought to void a marriage so a white wife could testify against her Filipino husband.

The positioning of Filipinos as “Mongolian,” or in opposition to “Mongolians” as the ethnologically different “Malay,” provides a narrative within which the contemporary identity of Filipinos is created. This history demonstrates that there is nothing natural or preordained about racial classification, and provides an example of how race is made.

Read the entire article here.

Mestizaje and the Mexican Mestizo Self: No hay Sangre Negra, so there is no Blackness

Southern California Interdisciplinary Law Journal
Volume 15, Number 2 (Spring 2006)
Pages 199-234

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence and Francis & Harriet Iglehart Research Professor of Law
University of Maryland School of Law

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes mestiza/o, defined as European and Indian, with an emphasis on the European roots. Thus contemporary anti-black bias in Mexico is a vestige of Spanish colonialism and nationalism that must be acknowledged, but is often lost in the uncritical celebration of Latina/o mestizaje when advanced as a unifying principle that moves beyond the conventional binary (black-white) discussions of race. This uncritical and ahistorical invocation of mestizaje has serious implications for race relations in the United States given the growing presence and political power of Mexican Americans because substituting mestizaje for racial binarism when discussing race in the United States reinforces rather than diminishes notions of white racial superiority and dominance. Therefore legal scholars who write about Latina/o issues should replace their uncritical celebration of mestizaje with a focus on colonialism and capitalism, the twin isms that influenced ideological theories and racial formation from the late fifteenth through the twentieth century in the Americas.

Read the entire article here.

Blood Will Tell: Scientific Racism and the Legal Prohibition Against Miscegenation

Michigan Journal of Race & Law
University of Michigan Law School
Volume 5, Issue 2 (Spring 2000)
pages 560-609

Keith Edward Sealing, Dean of Students
Widener Law School, Widener University

Laws banning miscegenation endured in the colonies and the United States for more than 300 years. When the Supreme Court declared all such laws unconstitutional in Loving v. Virginia in 1967, sixteen such statutes and constitutional provisions were still in effect. Scientific racism determined a hierarchy within the White race that placed the Teutonic at the top, the Anglo-Saxon as the heir to the Teuton, and the American as the current leading branch of that line. Prior to the Darwinian revolution, two competing scientific theories, monogenism and polygenism, were applied to justify miscegenation statutes. The “monogenists” believed that all men descended from a single ancestor and were of the same species. This theory comported with the Bible and the story of Ham, as interpreted literally by the fundamentalists. The “polygenists” saw Blacks as a separate and inferior species descended from a different “Adam,” and, thus, saw slavery as qualitatively no different from the ownership of a horse, and miscegenation as approaching bestiality. These beliefs and attitudes endured well into the Twentieth Century, supported after 1900 by the eugenics movement. This article focuses on anti-miscegenation statutes as applied to former slaves and others of African descent, particularly in the South. This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed—race—and discusses the continuing vitality of this construct. Next, this article turns to the major strands of scientific racism and briefly develops more modern theories that continued the racist tradition well into the Twentieth Century. The article then looks at the effects of scientific racism on the thoughts and actions of the founding fathers and the Reconstruction-era Congress before turning to the long line of state cases upholding miscegenation statutes, in part by relying on scientific racism. Finally, it discusses the cases that questioned the constitutionality of anti-miscegenation statutes, Perez v. Lippold and Loving v. Virginia.

Read the entire article here.

Exploring the Experiences of First-Generation, Multiethnic Undergraduate College Students

The Journal of Student Affairs
Student Affairs in Higher Education
Colorado State University
Volume 14, 2004-2005

Jody Donovan and Lehala Johnson

This qualitative research paper investigates the experiences of first-generation, multiethnic undergraduate students at two public, four-year universities in the Rocky Mountain region. The existing research paints a negative picture in regard to multiethnic students and first-generation students deciding to go to college, enrolling, and then rarely persisting to earn a degree. This study found that, converse to noted literature, the multiethnic, first-generation students are proud of their multiple heritages and did not encounter exceptional difficulty entering or studying at college. This article presents specific issues faced by multiethnic, first-generation students, discusses emergent themes from individual interviews and focus groups, and provides recommendations for higher education leaders.

By the year 2010, it is estimated that students of color at institutions of higher education will rise to 24% of total enrollment (Ortiz, 2002). Many of the incoming multiethnic, first-year students will be the first of their family to pursue higher education (Ortiz). Colleges and universities must acknowledge and prepare for the integration and adaptation of these firstgeneration, multiethnic students to help them adjust to an academic lifestyle and to improve “the retention rates of an increasingly diverse student body” (Gonzales, 1999, p. 5). The purpose of this paper is to discuss exploratory constructivist research on first-generation, multiethnic students enrolled at two public, four-year universities in the Rocky Mountain region.

Read the entire article here.

Natasha Trethewey Reads at ECU

The Common Reader
Newsletter of the ECU Department of English
Eastern Carolina University
Volume 26, Number 6: May 2008

Lisa DeVries

On April 2, Natasha Trethewey visited East Carolina University for a public reading and book signing organized by fellow poet and friend John Hoppenthaler.  She won the Pulitizer Prize for her 2006 book of poetry, Native Guard (Houghton Mifflin), the third African American woman to win the award, following in the tradition of Gwendolyn Brooks and Rita Dove.  Trethewey is also a professor of poetry at Emory University and holds the Phyllis Wheatley Distinguished Chair.  She Has received fellowships from the Guggenheim Foundation, the Rockefeller Foundation, the Bunting Fellowship Program of the Radcliffe Institute for Advanced Study at Harvard University, and the National Endowment for the Arts.  Her previous works include Domestic Work (Graywolf Press, 2000) and Bellocq’s Ophelia (Graywolf Press, 2002).  Her most recent work deals with telling the untold stories of history, identity politics, racism, and miscegenation. She claims that she writes only what she is given, “a violent history and the terrible beauty of my South, my Mississippi.”  [Interview and photos by Lisa DeVries.]

Read the entire interview here.

Written Out of History

Pomona College Magazine
Pomona College, Claremont, California
Fall 2002
Volume 39, Number 1

Michael Balchunas

Spurred by a glimpse of family history, Professor Sid Lemelle is bringing to light a little-known aspect of the African Diaspora.

When the new people moved in, all eyes were upon them. There were comments about the way they looked, how much money they might have, what kind of work they did, their morals, their customs and their character. At first, it was all good. The newcomers, who were farmers, engineers, mechanics and other workers, wrote to friends left behind and extolled the virtues of their new home. That stirred pangs of fear among some residents, and a newspaper ran an editorial. More of these people might come, it said, and “since the Negro is a creature of imitation and not invention…they will degenerate…and [become] vicious…a nuisance and pest to society.”

The year was 1857, and the newcomers, from Louisiana, had settled near Coatzacoalcos, Mexico, about 50 miles inland from the Caribbean port of Veracruz. Their history, like much of the history of the African Diaspora, is virtually unknown.

Sidney Lemelle is working to change that…

…Another misperception is that the U.S. South was a strictly bipolar society of white masters and black slaves, he says. In antebellum Louisiana, a significant number of white planters, businessmen and government officials fathered mixed-race offspring, who became part of a stratum more privileged than slaves, other free blacks or poorer white residents, according to Lemelle. He is particularly intrigued by how race and racial identity issues were connected to property rights and ownership in Louisiana and Mexico in the 19th century. Building on the theories of UCLA legal scholar Cheryl Harris, he believes that “whiteness” was constructed by mixed-blood people and became the basis of racialized privilege; that “whiteness” was legitimized as a form of status property, which gave some individuals rights over others, even though both possessed African blood…

Read the entire article here.

Investigations: Problem behavior

University of Chicago Magazine
October 2006
Volume 99, Issue 1

Lydialyle Gibson

For American children, says Yoonsun Choi, assistant professor at the School of Social Service Administration, early adolescence isn’t getting any simpler. Besides the awkwardness and looming angst, there’s this: more and more youth now find themselves navigating the uncertain territory of multiracial heritage. (Even the term is ambiguous; it can refer to having parents of different races or to generations-old diversity.) The multiracial experience frequently corresponds, Choi says, with higher rates of violence and substance use. “Consistently multiracial youth show, in almost all behavior problems—alcohol, smoking, marijuana, fighting—more problems than other children.”…

…“However, there is some indication that a strong ethnic identity” with at least one race—a sense of racial or cultural pride, belonging, and confidence—“helps protect kids from these behaviors,” Choi says. But youths must strike a sometimes difficult balance. “This research is just emerging, but it is saying that ethnic identity for multiracial children is unique. They need to endorse every part of who they are, and for children of combinations from conflicting groups”—for instance, black and white or, Choi says, Asian and black—“that will be hard.”…

Read the entire article here.

Ethnic Identity among Monoracial and Multiracial Early Adolescents

The Journal of Early Adolescence
Vol. 20, No. 4 (2000)
pages 365-387
DOI: 10.1177/0272431600020004001

Michael S. Spencer, Associate Dean for Educational Programs and Associate Professor of Social Work
University of Michigan

Larry D. Icard, Professor of Social Work
Temple University

Tracy W. Harachi, Associate Professor of Social Work
University of Washington

Richard F. Catalano, Bartley Dobb Professor for the Study and Prevention of Violence, Director, Social Development Research Group
University of Washington

Monica Oxford, Research Associate Professor of Social Work
University of Washington

A measure of ethnic identity, the Multigroup Ethnic Identity Measure (MEIM), was examined in this study with a sample of 2,184 early adolescents who self-identified with a single race or ethnicity (monoracial, n = 1,812) or with two or more racial or ethnic groups (multiracial, n = 372). Principal components and multigroup confirmatory factor analysis were used to explore and confirm the factor structure of the MEIM items. Two factors were identified: (a) identification and (b) exploration. Identification was represented by items that reflect a sense of belonging and pride in an individual’s ethnic group. Exploration was represented by items that characterize a search for ethnic group identity and participation in ethnic practices. Reliabilities were adequate for the two subscales (= .84, identification; = .76, exploration). Also, the results indicated that most individuals from monoracial minority groups and multiracial subgroups scored similarly on overall ethnic identity.

Read or purchase the article here.

Social Work Response to the Needs of Biracial Americans

Surjit Singh Dhooper, Assistant Professor of Social Work
University of Kentucky

Journal of Ethnic And Cultural Diversity in Social Work
Volume 12, Issue 4 (April 2004)
pages 19 – 47
DOI: 10.1300/J051v12n04_02

The number of interracial marriages is rising. The offspring of these marriages are a special group that is experiencing the complexities and frustrations of multiracial existence. Over six million Americans identified themselves as biracial in the 2000 census. These people are different from biracial Americans of the past. They do not want to disown any part of their ancestry and are resisting the societal practice of forcing them to identify with only the racial community of one parent. This paper examines the social realities and worldviews of these Americans and identifies their major needs. It discusses these and suggests a social work response at the micro, mezzo, and macro levels of practice.

Read or purchase the article here.

Nikkei Heritage: Intermarriages and Hapas: An Overview – Parts 1 and 2

Discover Nikkei (Japanese Migrans and Their Descendants)
Republished from Nikkei Heritage (The quarterly journal of the National Japanese American Historical Society)
2007-05-11

George Kitahara Kich, Senior Trial Consultant
Bonora D’Andrea

Rebecca Chiyoko King-O’Riain, Lecturer in Sociology
National University of Ireland, Maynooth

Larry Hajime Shinagawa, Associate Professor Director of Asian American Studies
University of Maryland

Shizue Seigel

To be biracial and Japanese American means having many different labels from which to choose. For this historical overview, we will use “Hapa”, a term popularized by the Hapa Issues Forum, to mean people who have an Asian/Asian Pacific Islander parent and a parent of any other race. Our focus here is on those with a Japanese or a Japanese American parent.

There is no single Hapa experience. Over the decades, Hapas have had widely different experiences based on individual circumstance and background, as well as the time period and environment into which they were born. The history of people of mixed-race has been deeply influenced by the evolving social and legal contexts for interracial relationships and marriages, along with community attitudes about culture, tradition and belongingness. Legal barriers against mixed marriages have fallen; however, discrimination, prejudice, community fears and stereotyping still affect interracial marriages and interracial people today. Nonetheless, about half* of all Japanese American marriages since 1970 have been to non-JAs, and the birthrate of interracial and interethnic children with some Japanese ancestry now exceeds that of JA/JA children. The Japanese American community has been gradually welcoming Hapas as a significant and growing part of the Japanese American community…

Read the entire Part 1 of the article here.
Read Part 2 here.