The Virginia Racial Integrity Act Revisited: The Plecker-Laughlin correspondence: 1928-1930

Posted in Articles, History, Law, Politics/Public Policy, United States, Virginia on 2010-01-19 01:55Z by Steven

The Virginia Racial Integrity Act Revisited: The Plecker-Laughlin correspondence: 1928-1930

American Journal of Medical Genetics
Volume 16, Issue 4
Pages 483 – 492
December 1983
DOI: 10.1002/ajmg.1320160407

Philip Reilly
University of Houston Law Center, Houston, Texas
 
Margery Shaw
University of Houston Law Center, Houston, Texas

Correspondence between Walter Ashby Plecker, Virginia State Registrar of Vital Statistics between 1912 and 1938, and Harry Hamilton Laughlin, Superintendent of the Eugenics Record Office at Cold Spring Harbor between 1910 and 1939, provides evidence of efforts to enforce the Virginia Racial Integrity Act of 1924. After antimiscegenation policy is placed in a historical context, excerpts from the letters are offered to demonstrate the zeal with which one state official pursued this eugenic policy.

Read or purchase the article here.

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Thinking about Race, Sexuality, and Marriage: A Roundtable on Peggy Pascoe’s What Comes Naturally

Posted in History, Law, Live Events, New Media, Politics/Public Policy, United States on 2010-01-08 20:55Z by Steven

Thinking about Race, Sexuality, and Marriage: A Roundtable on Peggy Pascoe’s What Comes Naturally

American Historical Association
124th Annual Meeting
Friday, 2010-01-10, 08:30-10:30 PST (Local Time)
Manchester Grand Hyatt San Diego
Manchester Ballroom D (Hyatt)
San Diego, California

Thinking about Race, Sexuality, and Marriage: A Roundtable on Peggy Pascoe’s What Comes Naturally

Chair:
Eileen Boris, Professor of History, Chair and Professor of Feminist Studies
University of California, Santa Barbara

Commentator:
Vicki L. Ruiz, Chair and Professor of History
University of California, Irvine

Sponsored by the AHA Working Group for Historical Perspectives on Same-Sex Marriage

Panel Discussion
Kristin Celello, Assistant Professor of History
Queens College, City University of New York

For the past several decades, historians have argued effectively that far from being stable and unchanging until the social upheavals of the 1960s and 1970s, marriage–as a legal and social institution–has changed in significant ways over the course of American history.  Pascoe’s book reminds us that race must necessarily be integrated into this discourse, contending not only that who has had access to marriage has varied but also that the state has played a crucial role in the creation of marital “norms.”

Panel Discussion
Matt J. Garcia, Associate Professor of American Civilization, Ethnic Studies and History
Brown University

Given the ascendancy of Obama and claims by media that we have arrived in a “post-Racial” era with his election, this book reminds us that such moments have come before in court cases concerning interracial unions and did not result in the end of race and racism that has been associated with these relationships.  Pascoe’s book, in other words, contributes to an evolving history of interracial relations, a subject that will have increasing interest as children of this generation go to college.  I plan to talk about the future audiences for her book by reflecting on my teaching the history of interracial relations and mixed race people over the last ten years.

Panel Discussion
Valerie Matsumoto, Associate Professor of History
University of California, Los Angeles

Peggy Pascoe‘s landmark work raises questions regarding post-World War II changes not only in the dominant US society but also within East Asian American communities, which had their own strong preferences for endogamous marriage.  Her research also draws attention to the roles played by Asian Americans in confronting old racial structures, as embedded in law.  Challenges to miscegenation laws in the US West were mounted by Nisei such as Noriko Sawada Bridges and Harry Oyama during the critical period of Japanese American community reconfiguration and rebuilding after World War II. I will consider how the Japanese American community’s understandings of racialization shifted in this era; I will also examine perceptions of interracial marriage within the ethnic community.

Panel Discussion
Jessica Millward, Assistant Professor of History
University of California, Irvine

I suggest that the implications of Peggy Pascoe‘s work on miscegenation laws stretch beyond the geographical setting of the West, and the temporal setting of the Progressive era, and signal key points of inquiry among scholars of African American Women’s history writ large. In particular, I focus on laws of slavery and manumission in 18th and 19th centuries.  Laws governing manumission held particular ramifications for enslaved African American women as they used their consensual and non-consensual relationships with owners, and consensual relationships with free black men to access freedom for themselves and their children.  I suggest that laws governing manumission served as precursors to miscegenation laws in the 20th century. Likewise, I suggest that “marriage” and uplift constituted a range of definitions based on the particular angle of vision of African American women in both slavery and in freedom.

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Status, Race, and Marriage: French Continental Law versus French Colonial Law

Posted in Caribbean/Latin America, Europe, History, Law, Live Events, New Media, Papers/Presentations, Slavery, Social Science on 2010-01-08 02:31Z by Steven

Status, Race, and Marriage: French Continental Law versus French Colonial Law

American Historical Association
124th Annual Meeting
Friday, 2010-01-08 14:30 PST (Local Time)
Manchester Grand Hyatt San Diego
Manchester Ballroom F (Hyatt)
San Diego, California

Valérie Gobert-Sega
École des Hautes Études en Sciences Sociales, Paris, France

In its most traditional moral and legal conception, marriage had for consequence to erase the crime of cohabitation and dissoluteness. Independentently of geographic space and by virtue of the principle of the unity of French laws and customs, the institution of marriage could not be left supplant under colonial law and order. In 1685, the Edict administering the rights and the duties of slaves and emancipated slaves as well as their relationships with white people in the French colonies established legitimacy and religious rules. However, the rigidity of statutory tripartition of the population could not concretely integrate these justifiable, legally valid but socially prohibited unions. The first legal ban was introduced into the Code of Louisiana in 1724 and the second was imposed by the prescription of April, 1778 for continental France. Meanwhile, the Monarchy was never resolved to reform article 9 of the Code of 1685. In doing so, the administration strategically restricted the civil and professional rights of those who chose to go against the social misalliance. It isn’t until the promulgation of the Civil code of 1805 that the restriction based on race and status is finally unified. But once again even if the principle is acquired, its execution remains unpredictable: it extends to all people, of color or black, in colonies but only to black people in metropolitan France. However, for more than two centuries, the legislator, conscientiously maintained a flaw in the prohibition: whether it be in the colonies or in France, these marriages will never be punished by nullity. This absence of penalty will finally allow the Supreme Court and the Abolitionists to declare the legal ban on interracial marriages invalid and to overrule it.

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The American Melting Pot? Miscegenation Laws in the United States

Posted in Articles, History, Law, Media Archive, Social Science, Teaching Resources, United States on 2010-01-02 02:25Z by Steven

The American Melting Pot? Miscegenation Laws in the United States

Organization of American Historians Magazine of History
Volume 15, Number 4, Summer 2001
pages 80-84

Bárbara C. Cruz, Associate Professor of Social Science Education
University of South Florida, Tampa

Michael J. Berson, Associate Professor of Social Science Education
University of South Florida

People of mixed heritage have been citizens of the United States since the country’s inception. Indeed, one scholar has insisted that “American History would be unrecognizable without ethnic intermarriage”. But while Americans proudly describe their nation as a “melting pot,” history shows that social convention and legal statutes have been less than tolerant of miscegenation, or “race mixing.” For students and teachers of history, the topic can provide useful context for a myriad of historical and contemporary issues.

Laws prohibiting miscegenation in the United States date back as early as 1661 and were common in many states until 1967. That year, the Supreme Court ruled on the issue in Loving v. Virginia, concluding that Virginia’s miscegenation laws were unconstitutional. In this article, we look at the history of miscegenation in the United States, some motivations for anti-miscegenation policy, the landmark decision of Loving v. Virginia, and some applications of the topic for the social studies classroom…

Read or purchase the article here.

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Sexual Naturalization: Asian Americans and Miscegenation

Posted in Asian Diaspora, Books, History, Law, Literary/Artistic Criticism, Media Archive, Monographs, Social Science, United States on 2010-01-01 23:35Z by Steven

Sexual Naturalization: Asian Americans and Miscegenation

Stanford University Press
2005
224 pages
Cloth ISBN-10: 0804747288; ISBN-13: 9780804747288
Paper ISBN-10: 0804747296; ISBN-13: 9780804747295

Susan Koshy, Associate Professor of English and Asian American Studies
University of Illinois, Urbana-Champaign

Sexual Naturalization offers compelling new insights into the racialized constitution of American nationality. In the first major interdisciplinary study of Asian-white miscegenation from the late nineteenth to the end of the twentieth century, Koshy traces the shifting gender and racial hierarchies produced by antimiscegenation laws, and their role in shaping cultural norms. Not only did these laws foster the reproduction of the United States as a white nation, they were paralleled by extraterritorial privileges that facilitated the sexual access of white American men to Asian women overseas. Miscegenation laws thus turned sex acts into race acts and engendered new meanings for both.

Koshy argues that the cultural work performed by narratives of white-Asian miscegenation dramatically transformed the landscape of desire in the United States, inventing new objects and relations of desire that established a powerful hold over U.S. culture, a capture of imaginative space that was out of all proportion to the actual numbers of Asian residents.

Read an excerpt of chapter 1 here.

Table of Contents

  • Acknowledgments
  • Introduction
  • Part One: Sexual Orients and the American National Imaginary
    • Mimic Modernity: “Madame Butterfly” and the Erotics of Informal Empire
    • Eugenic Romances of American Nationhood
  • Part Two: Engendering the Hybrid Nation
    • Unincorporated Territories of Desire: Hypercorporeality and Miscegenation in Carlos Bulosan’s Writings
    • Sex Acts as Assimilation Acts: Female Power and Passing in Bharati Mukherjee’s Wife and Jasmine
  • Notes
  • Bibliography
  • Index
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A Reader on Race, Civil Rights, and American Law: A Multiracial Approach

Posted in Anthologies, Books, Law, Media Archive, Social Science, United States on 2009-12-31 21:43Z by Steven

A Reader on Race, Civil Rights, and American Law: A Multiracial Approach

Carolina Academic Press
2001
864 pages
ISBN-10: 0-89089-735-2
ISBN: 978-0-89089-735-5
LCCN: 2001092052

Timothy Davis, W. and Ruth H. Turnage Professor of Law
Wake Forest University

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

George A. Martinez, Professor of Law
Southern Methodist University, Dedman School of Law

This anthology offers a range of legal and related literature analyzing the major issues of race and civil rights in the modern United States. Unlike previous works, which have tended to focus on the relationship between Caucasians and African Americans, this anthology considers race and civil rights issues from a wide range of minority perspectives — African American, Asian American, Latino, and Native American.

The debate over race issues is examined in numerous contexts, including the role of race in laws affecting education, housing, employment, voting rights, immigration, and the administration of criminal justice. In this anthology, editors Davis, Johnson, and Martinez explore broader themes such as the history of racial subordination of African Americans, Native Americans, Asian Americans and Latinos; affirmative action; hate speech; and the subordination of women of color. In setting the stage for an examination of race in these diverse contexts, the anthology’s first selections explore the concept of race.

The anthology is geared toward, but not limited to, law school classes focusing on civil rights and race relations. The selections are of such a nature that the anthology should also appeal to anyone interested in foundational readings in this area. Each chapter begins with an introduction that strives to provide a framework from which the reader can analyze the current debates over issues of race in the United States.

View the table of contents here.

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Love’s Revolution: Interracial Marriage

Posted in Books, Family/Parenting, Identity Development/Psychology, Law, Media Archive, Monographs, Social Science on 2009-12-15 03:13Z by Steven

Love’s Revolution: Interracial Marriage

Temple University Press
January 2001
240 pages
6×9
3 tables 1 figure
Paper: EAN: 978-1-56639-826-8; ISBN: 1-56639-826-6
Cloth: EAN: 978-1-56639-825-1; ISBN: 1-56639-825-8

Maria P. P. Root

When the Baby Boom generation was in college, the last miscegenation laws were declared unconstitutional, but interracial romances retained an aura of taboo. Since 1960 the number of mixed race marriages has doubled every decade. Today, the trend toward intermarriage continues, and the growing presence of interracial couples in the media, on college campuses, in the shopping malls and other public places draws little notice.

Love’s Revolution traces the social changes that account for the growth of intermarriage as well as the lingering prejudices and false beliefs that oppress racially mixed families. For this book author Maria P.P. Root, a clinical psychologist, interviewed some 200 people from a wide spectrum of racial and ethnic backgrounds. Speaking out about their views and experiences, these partners, family members, and children of mixed race marriages confirm that the barriers are gradually eroding; but they also testify to the heartache caused by family opposition and disapproving strangers.

Root traces race prejudice to the various institutions that were structured to maintain white privilege, but the heart of the book is her analysis of what happens when people of different races decide to marry. Developing an analogy between families and types of businesses, she shows how both positive and negative reactions to such marriages are largely a matter of shared concepts of family rather than individual feelings about race. She probes into the identity issues that multiracial children confront and draws on her clinical experience to offer child-rearing recommendations for multiracial families. Root’s “Bill of Rights for Racially Mixed People” is a document that at once empowers multiracial people and educates those who ominously ask, “What about the children?”

Love’s Revolution paints an optimistic but not idealized picture of contemporary relationships. The “Ten Truths about Interracial Marriage” that close the book acknowledge that mixed race couples experience the same stresses as everyone else in addition to those arising from other people’s prejudice or curiosity. Their divorce rates are only slightly higher than those of single race couples, which suggests that their success or failure at marriage is not necessarily a racial issue. And that is a revolutionary idea!

Read an exceprt from Chapter 1 here.

Table of Contents

Acknowledgments
1. Love and Revolution
2. Love and Fear
3. Sex, Race, and Love
4. The Business of Families
5. Open and Closed Families
6. The Life Cycle and Interracial Marriage
7. Parents, Children, and Race
8. Ten Truths of Interracial Marriage
Appendix
Notes
References
Index

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Interracial Intimacy: The Regulation of Race and Romance

Posted in Books, History, Identity Development/Psychology, Law, Media Archive, Monographs, Politics/Public Policy, Social Science on 2009-12-09 18:46Z by Steven

Interracial Intimacy: The Regulation of Race and Romance

The University of Chicago Press
2001
232 pages
6 x 9
Paper ISBN: 9780226536637

Rachel F. Moran, Michael J. Connell Distinguished Professor of Law
University of California, Los Angeles

As late as the 1960s, states could legally punish minorities who either had sex with or married persons outside of their racial groups. In this first comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of that history, candidly confronting its profound effects on not only conceptions of race and identity, but on ideas about sex, marriage, and family.

Table of Contents

  • Preface
  • 1. Insights from Interracial Intimacy
  • 2. Antimiscegenation Laws and the Enforcement of Racial Boundaries
  • 3. Subverting Racial Boundaries: Identity, Ambiguity, and Interracial Intimacy
  • 4. Antimiscegenation Laws and Norms of Sexual and Marital Propriety
  • 5. Judicial Review of Antimiscegenation Laws: The Long Road to Loving
  • 6. Race and Romanticism: The Persistence of Racial Endogamy after Loving
  • 7. Race and the Family: The Best Interest of the Child in Interracial Custody and Adoption Disputes
  • 8. Race and Identity: The New Multiracialism
  • 9. The Lessons of Interracial Intimacy
  • Notes
  • Index
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Interracial Intimacy and the Potential for Social Change

Posted in Articles, Book/Video Reviews, Law, Media Archive, Politics/Public Policy, Social Science on 2009-12-09 18:23Z by Steven

Interracial Intimacy and the Potential for Social Change

Berkeley Women’s Law Journal
University of California, Berkeley Public Law and Legal Theory Research Paper Series
2002
pp. 153-164

Stephanie M. Wildman, Professor of Law and Director of Center for Social Justice and Public Service
Santa Clara University School of Law

Moran, Rachel F.  (2001).  Interracial Intimacy: The Regulation of Race and Romance. Chicago: University of Chicago Press.
271 pp.

In her review essay Interracial Intimacy and the Potential for Social Change, Stephanie Wildman examines Interracial Intimacy: The Regulation of Race and Romance by Rachel F. Moran. Moran’s book investigates the so-called private landscape of race in the context of interracial intimacy. Moran urges the connection between our personal, private views of race and racial issues and the policy decisions society makes in the public realm. Moran explores historic antimiscegenation laws and their role in establishing societal norms and customs, the significance of race in daily life, the legal decisions leading to Loving v. Virginia, and the role of race in custody and adoption decisions. Wildman observes that interracial gay and lesbian relationships represent another area usually viewed as private, yet which implicates the societal landscape. Recognition of the public aspect of personal choice is a necessary element in the fight against bias and the movement toward social change.

Read the entire review/essay here.

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Race Law Stories

Posted in Anthologies, Books, Law, Media Archive, Politics/Public Policy, Slavery, United States on 2009-12-09 17:55Z by Steven

Race Law Stories

Foundation Press
2008
624 pages
ISBN-13: 9781599410012

Edited by

Rachel F. Moran, Michael J. Connell Distinguished Professor of Law
University of California, Los Angeles

Devon Wayne Carbado, Professor of Law
University of California, Los Angeles

Race Law Stories brings to life well-known and not-so-well known legal opinions—hidden gems—that address slavery, Native American conquest, Chinese exclusion, Jim Crow, Japanese American internment, immigration, affirmative action, voting rights and employment discrimination. Each story goes beyond legal opinions to explore the historical context of the cases and the worlds of the ordinary people and larger-than-life personalities who drove the litigation process. The book’s multiracial and interdisciplinary approach makes it useful for courses on race and the law and Critical Race Theory both inside and outside the law school as well as for undergraduate and graduate courses in ethnic studies. Each story illuminates the role that the law has played in both creating and combating racial inequality. Race Law Cases, an edited collection of the cases discussed in the Race Law Stories, will be available as a supplement in 2008.

View the Table of Contents here.
Read the introduction here.

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