Mixed Race Studies

Constructing and Contesting Color Lines: Tidewater Native Peoples and Indianness in Jim Crow Virginia

George Washington University
2009-01-31
392 pages

Laura Janet Feller

A Dissertation submitted to The Faculty of the Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements  for the degree of Doctor of Philosophy

Indian peoples in the United States have faced many challenges to their group and individual identities as Native Americans over centuries of cultural exchange, demographic change, violence, and dispossession. For Native Americans in the South those challenges have arisen in the context of the idea of “race” as a two-part black-white social, cultural, and political system. This dissertation explores how groups and individuals in tidewater Virginia created, re-created, claimed, re-claimed, retained and maintained identities as Indians after the Civil War and into the 1950s, weathering decades of the ever-stranger career of Jim Crow. They did this in the face of varied pressures from white Virginians who devoted enormous political and social effort to the construction of race as a simple binary division between black and white people.

In the era after the Civil War, tidewater Indians coped by creating new tribal organizations, churches, and schools, presenting theatrical productions that used pan-Indian symbols, and maintaining separations from their African American neighbors. To some extent, they acquiesced in whites’ notions about the “inferior” racialized status of African Americans. In late nineteenth- and early twentieth-century tidewater Virginia, while contending with, and sometimes adapting, popular ideas about “race” and “blood purity,” organized tidewater Virginia Indians also drew from a sense of their shared histories as descendants of the Algonquian Powhatan groups, and from pan-Indian imagery. This project explores how popular ideas about “race” shaped their world and their efforts to position themselves as red rather than black or white, while whites worked to construct “race” along a black-white “color line.”

Table of Contents

• Acknowledgements
• Abstract of Dissertation
• Table of Contents
• List of Tables
• Introduction
• Chapter One: Not Black and Not White: Contexts for Constructing Native Identities in the South from Slavery to the 1920s
• Chapter Two: Making the 1924 “Racial Integrity” Law: Defining Whiteness, Blackness, and Redness in a Modernizing, Bureaucratizing State
• Chapter Three: Constructing Native Identities in Tidewater Virginia between 1865 and 1930: Reservations, Organizations, and Public Ceremonies
• Chapter Four: “Conjuring:” Ethnologists and “Salvage” Ethnography among Tidewater Native American Peoples
• Chapter Five: In the Aftermath of the “Racial Integrity” Law
• Conclusion
• Bibliography

Introduction

The challenge is not only to recognize the fluidity of race, but to find ways of narrating events, social movement, and the trajectory of individual lives in all their integrity along the convoluted path of an ever-shifting racial reality.

Matthew Frye Jacobson

One narrative that illuminates the “ever-shifting racial reality” in America is the story of how individuals and communities in tidewater Virginia created, recreated, and publicly claimed and re-claimed Native American identities after the Civil War and into the 1950s, weathering decades of the ever-stranger career of Jim Crow. They did this in the face of varied pressures from white Virginians who devoted enormous political and social effort to the construction of race in Virginia as a black-white binary system. A 1924 Virginia “miscegenation” law, an “Act to Preserve Racial Integrity,” exemplifies those efforts. That law demonstrated how racialized justifications for segregation could be joined to national eugenic debates of the 1920s. It also punctuated decades of efforts by white individuals to deny that anyone in Virginia was “really” Indian, based upon the notion that all Virginians who said they were Indian were at best racially “mixed” and had some white or African “blood.”

Thus, in late nineteenth- and twentieth-century Virginia, the popular “one drop” idea of what makes one an African American came together with ideas about “blood quantum” and “purity” of racialized “blood,” at a time when tidewater Native people were constructing, re-constructing, and maintaining identities as Indians in the aftermath of emancipation and in the era of Jim Crow. While sometimes contending with, and sometimes adapting for their own purposes, popular ideas about “blood” purity and racialized identities, organized tidewater Virginia Indians also drew from a sense of their shared, localized histories as descendants of the Algonquian Powhatan groups, and from pan-Indian symbols. This project explores how popular ideas about “race” pervaded their efforts, even as they worked to position themselves as “red” rather than black or white, while whites worked to construct of “race” along a black-white “color line.”

The organized tidewater Indian groups persisted in their fight for acceptance oftheir Indian identities despite their lack of distinctive languages and the fact that for more than a century they had been perceived by outsiders as having lost most of the material culture that many whites regarded as markers of “real” Indians. Organized tidewater Natives’ campaigns, institutions, and representations of Indian identity illuminate a part of the story of the construction of “race” in America, but also some of the complications raised by questions about how “ethnic” groups form and persist in the United States. How can we best talk about the histories of “race” and ethnicity in America? How can a shared sense of a common history contribute to construction of ethnic or racialized boundaries, compared to other factors such as a shared land base, parentage, or language? How is it that for Native Americans, whites so often have assumed and even imposed the notion that the only valid Native tradition is one that, if not totally static, has a documentable track stretching “unbroken” back through many generations?

For American Indians nationally, part of this dynamic has been that they have dealt with whites in whose eyes Indians were often both racialized and ethnicized. For tidewater organized Native groups in the period of this study, it seems that their foes wanted them categorized primarily as “racial” groups, and that Virginia Indians fought back on grounds and with weapons that to a large extent reflected the racialized, segregated world in which they lived.

The 1924 law on “racial integrity” was part of a long history of racial legislation in Virginia and throughout the United States designed to create racialized lines in a world where such lines had been blurred since the age of European colonization began. “Miscegenation” law, for example, was solidly entrenched in the English colonies then in the United States, until the Supreme Court’s 1967 ruling in Loving v. Virginia. The first ban on “interracial” marriage in the English North American colonies was Maryland’s in 1664. Virginia’s first “miscegenation” law dated from 1691, and it explicitly included Native Americans among those forbidden to marry white individuals. Before 1924, Virginia laws specified what made someone black rather than defining whiteness. To define “blackness” as a legal matter, Virginia law before 1924 typically expressed and codified racialized identities in terms of numbers of ancestors, or fractions of ancestry. Virginia’s 1924 “racial integrity” law, though, defined legal “whiteness” rather than “blackness.” In doing so, this statute in effect made a matter of explicit law, for the first time in Virginia, the concept of a “one drop rule” for what makes someone legally African American. The sole exception to the whiteness definition in the 1924 law was that a Virginian could be legally white if he or she had no more than “one-sixteenth” Indian “blood” and his or her ancestors were otherwise “white.”

This 1924 statute stands at several intersections in the history of racialist thinking and racism in America. In it, Jim Crow meets “scientific racism” and eugenic thought. As a “miscegenation” law, the statute also illustrates some of the ways in which racialized identities are entwined with conflicts about sexuality. It evidences how constructions of social and cultural identities could connect with, or be contested by, state powers and legal discourses, within the context of the modernizing tendencies of post-World War I governmental policies and programs…

…Starting with 1924 as a focal point, this project looks at Native and “mixed” Native identities as claimed and recorded before and after passage of Virginia’s “Racial Integrity” law. Moving backward into the post-Civil War era and then forward from 1924 into the 1950s, this study explores the impact of Virginia’s 1924 “miscegenation” law on individuals and communities who claimed Native American identities. The 1924 law was a climax of sorts in decades of official and social efforts by whites to classify Virginia Indians variously as “persons of color,” “mulattoes,” or African Americans. Native peoples’ reservation lands in Virginia disappeared, except for two that survive to this day. The Mattaponi and Pamunkey people of those two reservations had some advantages in that they had and have a land base, and along with that land they also have community structures recognized by whites. Even the reservation peoples, though, faced white reluctance to concede the continuing existence of red, rather than black or white, identities in Virginia. Non-reservation tidewater Native people had even trickier choices to make about when and how they would identify themselves publicly, in official situations and documents, as Indians…

Read the entire dissertation here.

FBI investigating racist threat in Polk County

Chattanooga Times Free Press
Chattanooga, Tennessee
Sunday, 2011-06-26

Beth Burger

Ducktown, Tenn.—More than a week after part of a cinderblock was thrown through a trailer window with a threatening racist message attached, an interracial Polk County couple continue to have sleepless nights.

“I just want to get out of there,” said Ellis Weatherspoon, 45, who lives in Turtletown with his common-law wife, Jennifer, and their 3-year-old son. Weatherspoon, who is black, and Jennifer, 28, who is white, have been together for seven years.

While the Polk County Sheriff’s Office categorized the crime as a simple vandalism case with no apparent motive, the Chattanooga FBI office now is investigating the incident, according to Sheriff Bill Davis.

And things have gotten worse for the couple. On Thursday, the couple found their 6-month-old pit bull/German shepherd mix, Gilbert, dead at the trailer, a rope tied around its neck several times and its body propped against its doghouse…

…Ugly past

Historically, there were consequences for having an interracial relationship in Tennessee.

Dating back to the 1800s, Tennessee law forbade whites from cohabitating or marrying people who were more than one-eighth black, said Daniel Sharfstein, an associate law professor at Vanderbilt University.

A violation was a felony and people could do time in prison, he said. But sometimes mobs took the law into their own hands and lynched the illicit lovers.

Despite the law, interracial relationships were accepted in some rural mountain areas throughout the South, said Sharfstein, who is the author of “The Invisible Line: Three American Families and the Secret Journey from Black to White.”

“The struggles of everyday life were often more important than something as meaningless as race,” he said. “So when I read about the Weatherspoons, to go out of your way to attack an interracial couple — it’s not just disgraceful, it also goes against a most cherished tradition of life in the mountains where people lived the life they chose to live, free of outside meddling and interference.”…

Read the entire article here.

Fifteenth Union: A Melungeon Gathering

Melungeon Heritage Association
Carolina Connections: Roots and Branches of Mixed Ancestry Communities
Warren Wilson College
Swannanoa, North Carolina
2011-07-14 through 2011-07-16

MHA is delighted to announce that this year our annual Union will be celebrated at Warren Wilson College in Swannanoa, NC, July 14-16, 2011. This will be our first Union in the Carolinas, states of primary significance to the history of mixed ancestry communities across America. Melungeon roots in the Carolinas have been prominent topics of discussion in past Unions, and MHA welcomes the opportunity to celebrate and study our heritage on this historic and beautiful campus. Warren Wilson College is located a few miles from Asheville in a scenic area near the highest mountains in the East. It has historic connections to the Melungeon community of Vardy, which the Union will celebrate.

We will have speakers on a wide variety of genealogical and historical topics. The program is still being developed, but two distinguished authors have agreed to discuss their new books at the Union. Each book breaks new ground in the literature of mixed ancestry in the United States.

The Invisible Line: Three American Families and the Secret Journey from Black to White (Penguin, 2011) tells three stories that will be especially meaningful to MHA readers. Author Daniel J. Sharfstein is an associate professor of law at Vanderbilt University. Within a month of publication, his new book was acclaimed in the New York Times as “astonishingly detailed rendering of the variety and complexity of racial experience in an evolving national culture moving from slavery to segregation to civil rights.” This study of the Gibson, Spencer, and Wall families has the potential to change the national conversation about race, and MHA is honored by Mr. Sharfstein’s participation in 15th Union.

Lisa Alther is an acclaimed author of bestselling fiction whose most recent book was a nonfiction investigation of Melungeon ancestry entitled Kinfolks: Falling off the Family Tree. She returns to fiction with Washed in the Blood, forthcoming this fall from Mercer University Press. Alther’s new novel portrays the early history of the southern Appalachians. It tells the story of several generations of the Martin family, from the arrival of Diego Martin as a hog drover with a Spanish exploring party in the 16th century, describing his descendants’ struggles to survive and gain acceptance down through the early 20th century.  In this new novel, Alther connects Melungeon history to early settlement of the Southeastern US, and thus to the theme of 15th Union…

For more information, click here.

Daniel Sharfstein awarded Alphonse Fletcher Sr. Fellowship by Fletcher Foundation

Vanderbilt University Law School
2011-07-06

Daniel J. Sharfstein, associate professor of law, has been awarded an Alphonse Fletcher Sr. Fellowship by the Fletcher Foundation.
 
Professor Sharfstein’s new book, The Invisible Line: Three American Families and the Secret Journey from Black to White, examines the history of race in the United States through three families who crossed the color line and assimilated into white communities. He will use the Fletcher Fellowship, which provides awards of $50,000 to fund research and support literary and artistic works that contribute to improving race relations and further the broad social goals of the Supreme Court’s landmark 1954 decision in Brown v. Board of Education, to chronicle a group of Southern lawyers who argued against integration in courts during the decade following Brown…

Read the entire article here.

Virginia’s Attempt to Adjust the Color Problem

The American Journal of Public Health
Volume 15, Number 2 (1925)
pages 111-115

W. A. Plecker, M.D., Fellow A.P.H.A.
State Registrar of Vital Statistics, Richmond, Virginia

Read at the joint session of the Public Health Administration and Vital Statistics Sections of the American Public Health Association at the Fifty-third Annual Meeting at Detroit, Michigan, October 23, 1924.

The settlers of North America came not as did the Spanish and Portuguese adventurers of the southern continent, without their women, bent only on conquest and the gaining of wealth and power; but bringing their families, the Bible, and high ideals of religious and civic freedom.

They came to make homes, to create a nation, and to found a civilization of the highest type; not to mix their blood with the savages of the land; not to originate a mongrel population combining the worst traits of both conquerors and conquered.

All was well until that fateful day in 1619 when a Dutch trader landed twenty negroes and sold them to the settlers, who hoped by means of slave labor to clear the land and develop the colony more quickly.

Few paused to consider the enormity of the mistake until it was too late. From this small beginning developed the great slave traffic which continued until 1808, when the importation of slaves into America was stopped. But there were already enough negroes in the land to constitute them the great American problem. Two races as materially divergent as the white and the negro, in morals, mental powers, and cultural fitness, cannot live in close contact without injury to the higher, amounting in many cases to absolute ruin. The lower never has been and never car be raised to the level of the higher.

This statement is not an opinion based on sentiment or prejudice, but is an unquestionable scientific fact. Recently published ethnological studies of history lead to this conclusion, as do the psychologic tests of negro and negroid groups, especially the tests made by the United States Army for selective service in the World War. It is evident that in the hybrid mixture the traits of the more primitive will dominate those of the more specialized or civilized race. It is equally obvious that these culturally destructive characteristics are hereditary, carried in the germ plasm, and hence they cannot be influenced by environmental factors such as improved economic, social and educational opportunities. On the contrary, such opportunities often accelerate the inevitable decadence. Dr. A. H. Estabrook in a recent study, made for the Carnegie Foundation, of a mixed group in Virginia many of whom are so slightly negroid as to be able to pass for white, says, ” School studies and observations of some adults indicate the group as a whole to be of poor mentality, much below the average, probably D or D- on the basis of the army intelligence tests. There is an early adolescence with low moral code, high incidence of licentiousness and 21 per cent of illegitimacy in the group.”

When two races live together there is but one possible outcome, and that is the amalgamation of the races. The result of this will be the elimination of the higher type, the one on which progress depends. In the mixture the lower race loses its native good qualities which may be utilized and developed in the presence of a dominant race…

…Let us return now to our own country, and, as we are considering Virginia, to that state in particular. There are about twelve million negroes of various degrees of admixture in the Union today. Of the population of Virginia, nearly one-third is classed as negro, but many of these people are negroid, some being near-wnite, some having actually succeeded in getting across into the white class.

The mixed negroes are nearly all the result of illegitimate intercourse. The well known moral laxity resulting from close contact of a civilized with a primitive race makes illegitimate intermixture an easy matter. This is illustrated by the fact that the illegitimate birth-rate of Virginia negroes is thirty-two times that of Rhode Island, while the District of Columbia rate is thirty-seven times, and that of Maryland forty-six times.

In the days when slavery was still a blight upon our state, it was quite a common occurrence for white men to father children born to the negro servants. The history, as related to me, of at least one colony of people known as “Issue” or ” Free Issue,” now spread over several counties, is that they originated in part in that manner.

It was considered undesirable to retain these mulattoes on the place, bearing the family name, and a number from one county were given their freedom and colonized in a distant county. These intermarried amongst themselves and with some people of Indian-negro-white descent, and received an additional infusion of white blood, either illegitimately or by actual marriage with low-grade whites…

…In the lifetime of some now living we may expect the present twelve million colored population to increase to twenty or possibly thirty millions, and that perhaps to one hundred millions during the next century, to say nothing of the prolific Mongolians who are already firmly established upon our western coast. With the competition of this large number of people of low ideals and low standards of living, and the great effort to secure the means of maintaining a family up to the desired standard, the white population will to that extent be crowded out.

Virginia has made the first serious attempt to stay or postpone the evil day when this is no longer a white man’s country. Her recently enacted law “for the preservation of racial integrity” is, in the words of Major E. S. Cox, “the most perfect expression of the white ideal, and the most important eugenical effort that has been made during the past 4,000 years.” Of course this law will not prevent the illegitimate mixture of the races, although a law requiring the father to share with the mother the responsibility of the birth would have a deterring effect. When more than one man is involved, all should be held equally responsible in sharing the cost, as I am informed is the case in Norway.

But it is possible to stop the legal intermixture, and that Virginia has attempted to do in the above mentioned law, which defines a white person as one with “no trace whatsoever of blood other than Caucasian,” and makes it a felony punishable by confinement for one year in the penitentiary to make a willfully false statement as to color.

Clerks are not permitted to grant licenses for white persons to marry those with any trace of colored blood. It is needless to call attention to the sad plight of a white person who is thus imposed upon or of a white woman who under such circumstances would give birth to a child of marked negro characteristics, as will occur from time to time under Mendel’s law.

The new law places upon the office of the Bureau of Vital Statistics much additional work, but we believe it will be a strong factor in preventing the inter’marriage of the races and in preventing persons of negro descent from passing themselves off as white…

Read the entire article here.

Interracial Relationships and Loving v. Virginia

CityLine Boston
WCVB Boston
2011-06-15

Karen Holmes Ward, Director of Public Affairs and Community Services; Host and Executive Producer of CityLine

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Ken Tanabe, President and Founder
LovingDay.org

Dr. Dawkins discusses the ongoing impact of interracial romantic relationships, multiracial identities and passing in the United States with Loving Day founder Ken Tanabe and CityLine host Karen Holmes Ward.

Notes by Steven F. Riley: There are several significant inaccuracies in this video.

1. Interracial marriage was in fact legal, not illegal, in most states 44 years ago.  Only 16 states had bans on interracial marriage at that time.
2. Ms. Ward’s comment, “No steps were taken to change the law until one appropriately named couple fought for their rights…” is grossly inaccurate.  There was no one “law” to ban such marriages in the United States. Each state had its own anti-miscegenation statute.  Most importantly, the battle to end anti-miscegenation (anti-interracial marriage) laws in the United States was a 50 year struggle which included such landmark cases like California Supreme Court: Perez v. Sharp (1948), U.S. Supreme Court: McLaughlin v. Florida (1964) and ending of course, with Loving v. Virginia (1967).
3. Mr. Tanabe’s comment, “After the case, for the first time, interracial marriage was legalized in the United States.” is incorrect.  Loving v. Virginia did not legalize interracial marriage in the United States.  It legalized interracial marriage only in the remaining 15 states (Maryland repealed its law during the case) that still had bans on such marriages.  In fact, there were 10 states that never enacted any bans on interracial marriage. Mr. Tanabe seems to have forgotten that Mildred and Richard Loving (the plaintiffs in the case) were legally married in Washington, D.C. in June of 1958, six months before they were arrested for violating the section of the law which prohibited interracial couples from being married out of state and then returning to Virginia.

To get a comprehensive view of anti-miscegenation laws and their impact on race relations in the United States, please read Peggy Pascoe’s multiple award winning book, What Comes Naturally, Miscegenation Law and the Making of Race in America. Also, please read my thoughts about the misreprentation of the Loving v. Virginia case in contemporary discourses.

Living as Others in Japan

Japanese Studies Association of Australia 2011 Biennial Conference
Internationalising Japan: Sport, Culture and Education
University of Melbourne, Melbourne Law School
185 Pelham Street
Carlton, Victoria 3053, Australia
2011-07-04 through 2011-07-07

Wednesday, 2011-07-06, 11:00-12:30 AEDT (Local Time)
Room 102

This panel will present two historical papers about individuals whose lives were affected by the Pacific War, and a third paper which examines issues involving intercultural communication between Japanese and non-Japanese people. The two historical stories focus on how their respective individuals navigated their life course as “Others” in Japan. Hamilton will shed light on children born to Japanese mothers and Australian fathers during the Allied Occupation in Kure. Tamura’s paper is on a businessman of mixed heritage, English and Japanese, born in Kobe, who was interned in Japan. Parry’s paper provides a look into intercultural communication between Australian students in a homestay among ten Japanese host parents.

Kure Kids
Walter Hamilton

Walter Hamilton has recently completed a book on the mixed-race children of the Occupation, under the working title of Lest We Beget: The Mixed-Race Legacy of Occupied Japan. (www.lestwebeget.com).

Nearly sixty years have passed since the post-war occupation of Japan. It might be assumed historians will have exhausted all there is to say about its political, economic and social effects. But one unexplored aspect remains vividly alive: the hidden ancestral links that bind Australians, Americans, Britons and others to Japanese blood-relations never known, never met: the unclaimed, mixed-race offspring left in Japan when the troops departed. Their fathers would not or could not acknowledge them: an estimated 10,000 children, including several hundred fathered by Australians.

So familiar is the idea of military conquest leading to the birth of “unwanted” children outside marriage – across racial, class and cultural divides – they tend to be dismissed as a natural corollary of war. Their appearance in occupied Japan came as no surprise. The “Madame Butterfly” tradition provided a high-toned model of Western men exploiting Japanese women. As if their biological inevitability made them what they were, the children attracted scant attention from Western writers, who acquiesced in facile assumptions about their fate. Surely they were disowned by their fathers, lamented by their mothers and thrust to the lower depths of society. The eminent American historian John Dower has called them “one of the sad, unspoken stories” of the occupation. Japanese historical and fictional treatments of the issue also suffer from a determination to link the children exclusively to prostitution, moral collapse and national humiliation.

Australia joined the occupation not expecting to convert the former enemy but to punish and ostracise him. With immigration restrictions, in some respects, even tighter than they were in 1941, permission was denied for troops in Japan to marry across the race divide. Anyone defying the ban risked being forcibly removed from his de facto wife and children. Although these measures were relaxed in 1952 to admit the first Japanese war brides, no such right was extended to the unacknowledged or orphaned children of Australian servicemen. In addition, the federal government maintained an elaborate deception to stop the children being adopted by Australian families. Bogus welfare arguments were used to cover a purely political determination. The moment the strategy showed signs of faltering, it was reinforced through public monies being deployed to keep the children in Japan. There were almost no exceptions, even for the sons and daughters of brave men who had fought and died in the Korean War. In the words of a leading churchman of the day, the Reverend Alan Walker: “There have been few more disgraceful incidents in the whole miserable history of Australia’s racial immigration policy.”

This paper will introduce several individuals born in or near the city of Kure, in Hiroshima prefecture, where the British Commonwealth Occupation Force (BCOF) was based from 1946 until the withdrawn of the last Korean War contingent in 1956. The Kure Kids encountered discrimination because of their physical appearance, dysfunctional family life, low socioeconomic status and social isolation. But the lives of these Japanese “others” represented much more—in quality, variety and achievement—than is suggested by the conventional portrayal of “sad, unspoken stories.”

Between Father Land and Mother Land: a British-Japanese Dual National and his Pacific War
Keiko Tamua

In war, individuals are categorized either as friend or foe, and enemy nationals are seen and treated with suspicion and fear. In December 1941, when the Pacific War started, about 700 out of 2134 civilians of the Allied nations who were residing in Japan were arrested or interned as enemy aliens. Most of them had lived in Japan for a number of years and had become part of the community. Some civilians were repatriated to their home countries on exchange boats in 1942 and 43, but others decided to remain in Japan even though they knew they were going to be interned or kept under police surveillance. Most of them had mixed heritage through their parents and/or having Japanese spouse; they thought their home was Japan rather than Britain or the USA, and they felt they could not leave without their family members.

F. M. Jonas was one of these expatriates who were caught in the war. He was born in Osaka in 1878, having a British father and a Japanese mother. He had established himself as a respectable British businessman in pre-war Kobe, running a stevedore business at the port. He was highly regarded both in the expatriate and Japanese communities, having been vicechairman of the Kobe Foreign Chamber of Commerce, and president of the Kobe Regatta and Athletic Club – the premier expatriate social club in Kobe. When the war started Jonas was arrested by the Japanese authorities, and later interned as an enemy alien. However, he managed to secure release from internment through British-Japanese dual citizenship, and he changed his name to Morii Kamejirō. When the war ended, he tried to re-establish his formal status as a British national. He died in 1950 before final resolution was officially made. Did he claim citizenship of convenience to suit the circumstances, to avoid internment, and consequently did he betray his father land? Or did he have legitimate reasons to do so? What were the consequences of his action for himself and his family? Japanese nationality laws upheld the principle of paternal succession until 1985, and dual citizenship has never been recognized. How did Jonas convince the authorities of his dual nationality? In this paper, I will discuss the life course of F. M. Jonas, who lived between father land and mother land in the middle of the Pacific War. Through Jonas’ story, I will explore, from a historical point of view, how the nationality of mixed decent people has been interpreted and handled in Japan and Britain.

For more information, click here.

Book Review Essay – The Legacy of Jim Crow: The Enduring Taboo of Black-White Romance

Texas Law Review
Volume 84, Number 3 (February 2006)
pages 739-766

Kevin R. Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies
Univesity of California, Davis

Dear Senator: A Memoir by the Daughter of Strom Thurmond. By Essie Mae Washington-Williams & William Stadiem. New York: Regan Books, 2005. Pp. 223.

Unforgivalbe Blackness: The Rise and Fall of Jack Johnson. By Geoffrey C. Ward. New York: Knopf, 2004. Pp. xi, 492.

Over the last one hundred years, racial equality has made momentous strides in the United States. State-enforced segregation ended. Slowly but surely, the nation dismantled Jim Crow. As part of that dismantling, the Supreme Court struck down bans on interracial marriage, which were popular in many states.

Interracial relationships have increased dramatically over the last fifty years. In 2006, they meet with much greater acceptance than they did in 1950, especially in the nation’s major urban centers. The United States has begun to grapple with the issues related to interracial intimacy, such as the increasing number of mixed-race people and the controversy over transracial adoption, two topics that would have been wholly unnecessary to mention, much less analyze, just years ago. Ultimately, by transforming notions of race and races, racial mixture promises to transform the entire civil rights agenda in the United States.

Juxtaposed against this promise of transformed racial notions, however, lies this nation’s continuing battle against the enduring legacy of slavery and Jim Crow. While adeptly shedding light on the complexities of U.S. racial history, Dear Senator: A Memoir by the Daughter of Strom Thurmond and Unforgivable Blackness: The Rise and Fall of Jack Johnson reveal just how far from this legacy the nation has advanced over the twentieth century. At the same time, the books highlight the many ways in which race relations have remained more or less the same.

Born in 1925, Essie Mae Washington-Williams is the half-black daughter of the late U.S. Senator Strom Thurmond. Dear Senator tells the story of her life as the invisible child of a staunch segregationist and prominent national politician. Raised by her aunt in Coatesville, Pennsylvania, Washington-Williams was first stunned to learn as a teenager that her real mother—not her aunt as she had been told—was Carrie Butler, a young African-American woman who had worked as a domestic in the Strom Thurmond family home in South Carolina. A few years later she met her father, whose identity had been a tightly kept family secret. Only upon Thurmond’s death in 2003 did it become widely known that he had fathered Washington-Williams.

A generation before Washington-Williams’s birth, Jack Johnson became the first African-American heavyweight boxing champion of the world. Unforgivable Blackness details his capture of the championship as a milestone in the social history of the United States. Previously reserved exclusively for white men, the title served as a high profile symbol of white supremacy. Consequently, Johnson’s championship reign generated great controversy and contributed to heightened racial tensions…

…Both books reveal much about the deep-seated legal and social taboos that surrounded and influenced black–white relationships before the Supreme Court’s 1967 decision in Loving v. Virginia. The stories of Essie Mae Washington-Williams and Jack Johnson demonstrate how law and policy, combined with strong social forces, sought to enforce the strict separation of the races in intimate relationships. Nonetheless, from the days of Thomas Jefferson, such relationships (often nonconsensual) frequently formed between prominent white men and subservient African-American women. Interracial sex was kept secret; this secrecy served to maintain the myth of complete racial separation.

Dear Senator and Unforgivable Blackness also reveal much about the social and legal double standards used to judge interracial relationships. African Americans like Jack Johnson were harshly punished for crossing the color line. Strom Thurmond, of course, legally married a series of glamorous “All-American” women and was able to keep his relationship with an African-American domestic service worker—and his half-black daughter—a secret from the general public. That liaison crossed the same line violated by Jack Johnson but was not sanctioned in the least; indeed, it fit comfortably into a long history of white men exploiting black women.

The legacy of Jim Crow and the legal and social separation of the races continues to affect the formation of interracial relationships in the modern United States. Most Americans marry persons of the same race. Although increasing, white–black relationships are relatively rare and much less common than Asian American–white, Latino–white, and Native American– white relationships.

A body of legal scholarship analyzing racial mixture has emerged in recent years. Some of that scholarship is autobiographical, including James McBride’s best-selling book The Color of Water: A Black Man’s Tribute to His White Mother. Adding to this body of literature, Dear Senator and Unforgivable Blackness tell memorable stories of the lives of two remarkable people and, at the same time, offer fascinating glimpses of how law and policy indelibly influenced them and their relationships.

This Essay analyzes how these books reveal the lasting impacts of slavery and Jim Crow on modern social relations. For even with the demise of the legal prohibition on interracial relationships, the social taboo on black–white relationships remains. So long as we live in a socially segregated society, low intermarriage rates between African Americans and whites will likely remain.

Part I of this Essay briefly summarizes the two books and places them in their proper historical, legal, and social contexts. Part II analyzes the enduring legacies of Jim Crow that Dear Senator and Unforgivable Blacknesshig highlight and discuss. These legacies include: (A) the persistence of social disfavor for black–white relationships; (B) the continued portrayal of African-American men as stereotypical criminals and hypersexual beings; (C) the endurance of the longstanding conflict between assimilation and nationalism as strategies for minorities seeking social change, personal survival, success, and happiness; and (D) the existence of white privilege in the United States, then and now…

One is left to conclude that Washington-Williams did not really know her father. The relationship was a formally cold one; one of her most lasting memories of Strom Thurmond was his strong handshake. This lack of love, or formal public acknowledgment, could not have been anything other than deeply hurtful, even though Washington-Williams refuses to condemn any of her father’s conduct.

…Despite family difficulties, Washington-Williams led a productive and successful life. She married an African-American man she met in college, who became a civil rights lawyer and died prematurely. Washington-Williams completed her undergraduate studies and later earned a master’s degree. Settling in the Los Angeles area, she was a school teacher and guidance counselor and raised a family. By all accounts, Washington-Williams self-identified as African American, growing up and living in African-American communities throughout her life. Though half-white, she suffered no burning ambiguity about her racial identity, showing again that race is a social, not a biological, construct. In this way, Washington-Williams self-identified as did many mixed-race African Americans, including W.E.B. DuBois and Frederick Douglass.

At the individual level, the painful experiences of Washington-Williams show an extreme example of the racial identity issues mixed-race people in the United States face. Importantly, she went public after Thurmond’s death to clear the air and end the years of media speculation about whether Strom Thurmond was her father. Now claiming to feel “completely free,” Washington-Williams is exploring her white roots and has gone so far as to seek membership in the National Society Daughters of the American Revolution and the United Daughters of the Confederacy.

It was the cruelest of ironies that not only was Essie Mae Washington-Williams’s father white, but he was also one of the most well-known segregationists of his generation. Strom Thurmond, along with many other Southern politicians, used segregation for political gain in post-World War II America. The despised race mixing was the evil thrown out like meat to the dogs when the issue of African-American civil rights was raised; campaign promises to attack this evil won many votes. Thurmond embraced racist views in spite of his long-time relationship with a black woman, thus himself engaging in race-mixing by fathering a child and maintaining a relationship with his half-black daughter. The inconsistencies between Thurmond’s personal and professional lives, of course, are in no way unheard of in U.S. history.

Racial mixture is part of this nation’s heritage. However, U.S. society historically went to great lengths to keep it underground. But when social norms failed to maintain the public separation of the races, law intervened with a vengeance, as it did in Jack Johnson’s life…

Read the entire article here.

Why this Supreme Court could be the best hope for gay-marriage advocates

The Washington Post
2011-06-24

Justin Driver, Assistant Professor of Law
University of Texas, Austin

Eight years ago Sunday, the Supreme Court handed down a significant victory for gay equality when it declared anti-sodomy laws unconstitutional in Lawrence v. Texas. In response, Justice Antonin Scalia bitterly dissented, predicting that the court’s opinion would inexorably lead the judiciary to permit marriages for gays and lesbians.

It took the Massachusetts Supreme Judicial Court less than five months to vindicate Scalia’s prediction when it cited Lawrence in finding that the state’s own constitution protects same-sex marriage. The conservative justice has not, however, had an opportunity to directly consider the merits of same-sex marriage.

…Many advocates of same-sex marriage who worry that it is too early for a federal lawsuit cite the quest decades ago to eliminate bans on interracial marriage. The court did not invalidate such laws during the 1950s, they note, when interracial marriage remained extremely divisive. Instead, it waited to issue Loving v. Virginia until 1967, when only 16 states retained anti-miscegenation statutes. “So long as interracial marriage intensely divided the country, the Warren Court was not prepared to insist upon a norm of equality,” Yale law professor William N. Eskridge Jr. and attorney Darren Spedale wrote in May 2009. They further suggested that it would be daft to believe that the current court would issue a favorable same-sex marriage decision while opposition remained strong. Judge Richard Posner ventured a similar analysis for the New Republic last year: “Until homosexual marriage becomes as uncontroversial in most states as racial intermarriage had become by 1967, the Court will, in all likelihood, stay its hand.”

But in 1967, most Americans did not welcome interracial marriage. To suggest otherwise is profoundly misleading. While Americans registered greater approval of such marriages in the late 1960s than in the previous decade, national opinion remained clearly opposed, even after the Supreme Court decided Loving. A Gallup poll in the 1950s revealed that nine out of 10 whites disapproved of interracial marriage; in 1968, a Gallup poll showed that three out of four whites continued to frown on interracial unions. The 1968 figures taking account of all races were not much different: 73 percent of Americans disapproved of the practice.

The modest number of states that had anti-miscegenation laws when Loving was decided, moreover, hardly indicates that citizens in the other 34 states considered race irrelevant to marriage. A clear majority of Americans deemed race exceedingly relevant and had no compunction about expressing this belief to pollsters. In fact, Gallup did not register a majority approving of interracial marriage until 1997—three decades after Loving recognized the constitutional right.

By contrast, even some of the bleakest same-sex marriage polls of recent years would have cheered advocates of interracial marriage in the age of Loving. A 2008 Quinnipiac University poll, for instance, found that 55 percent of respondents opposed gay marriage. And the most recent round of data, collected this year by Gallup, CNN-Opinion Researchand the ABC News-Washington Post poll, found that slightly more than 50 percent of adults responded approvingly to questions regarding same-sex marriage…

Read the entire opinion piece here.

Half-Hearted Loving

The Faculty Lounge: Conversations about law, culture, and academia
2011-06-13

Kevin Maillard, Associate Professor of Law
Syracuse University

Yesterday, June 12, marked the annual celebration of Loving Day.  This event commemorated the 1967 Supreme Court case of Loving v. Virginia, which invalidated the state’s Racial Integrity Act that prohibited interracial marriages.  Notably, Virginia’s law was only one of many state interracial bans.  In the mid-twentieth century, 30 states had some form of mixed marriage prohibition, all struck down by Loving in one fell swoop.  In this momentous decision, the Court paved the way for all Americans to determine their intimate associations without regard to race.

More than forty years later, interracial intimacy—dating, cohabitation, and marriage—continues to go against the norm, rather than be a part of it. The 2010 Census reports that less than eight percent of all marriages are between people of different races, with slightly higher rates for cohabitating couples.  Multiracial people remain a very small part of the national population, just under three percent in 2010…

…However, the Loving case was not the Moses that parted the racial sea, ushering in multihued phalanxes of diversity. In a modern world where people are free to make their own choices, partner selection has not changed much.   Of course, a single case like Loving is not going to convert every American into the Temple of Miscegeny, and mandate interracial kumbayahs for everyone of dating age.  In the same way that the legalization of gay marriage would not unearth a wellspring of same-sex desire, a change in law does not automatically transform personal preferences…

Read the entire article here.