“Two or More Races” or Just Another Category?

Posted in Articles, Campus Life, Media Archive, Politics/Public Policy, United States on 2011-02-22 16:06Z by Steven

“Two or More Races” or Just Another Category?

Open Salon
2011-02-20

Ulli K. Ryder, Ph.D.

The Department of Education’s “two or more races” category may appeal to some people but this is a slippery slope towards ignoring race altogether. Race still matters. Combating racism still matters. Acknowledging multiracial identities or agreeing to be placed in a “two or more races” category does not remove our responsibility to fight against the ways race—and racism—have impacted our lives in many, and sometimes violent, ways.

The recent debate about the Department of Education’s “two or more races” category demonstrates both the importance of race today and the absurdity of racial categories. As Rainier Spencer rightly reminds us, racism is alive and well in the 21st century. The only way we have found to combat institutional racism is through the accurate reporting of racial data and our ability to make connections between race, class, gender and other factors such as employment and housing. Without this information we will not be able to measure discrimination or make policies that help create equality for all Americans…

Read the entire article here.

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The President, the Census and the Multiracial “Community”

Posted in Articles, Barack Obama, Census/Demographics, Identity Development/Psychology, Media Archive, Politics/Public Policy, United States on 2011-02-21 20:06Z by Steven

The President, the Census and the Multiracial “Community”

Open Salon
2011-02-20

Ulli K. Ryder, Ph.D.

What is the connection between Obama, the 2010 U.S. Census and multiracials?  Not as much as some may think. While it is tempting to look to Obama as a mixed race icon and to see the Census as publicly acknowledging a multiracial “community,” we may need to rethink these ideas. 

The 2010 Census data is being released a few states at a time but already the data suggests a large increase in those identifying as “more than one race.”… …What does this data tell us? First, all states that have been released so far have shown an increase in those who identify as more than one race. Second, even with this increase, the actual percentage of people who identify as more than one race is still a relatively small percentage of the population.

Yet, multiracials are a growing and highly visible population. Multiracials, specifically the mixed race Millennials, are everywhere asserting their right to check more than one box and have all their heritages respected, counted and acknowledged.  Public discussions of multiracial identity demonstrate  the importance of this group to current debates about race in the United States.  Whether in popular culture such as Halle Berry and Gabriel Aubry’s daughter or in the world of academia such as the recent New York Times article exploring multiracial students, we seem determined to understand multiracial identities and what they mean about race relations in the United States. In these debates, President Obama is frequently evoked as an icon of multiraciality.  However, on the 2010 Census, he chose to identify as “Black” and only “Black.” Multiracial discomfort with Obama’s choice seems to speak less about Obama and his views of race (either public or private) and more about multiracials’ desire for public acknowledgement of private identities. Is this how we should develop and create our identities?  Is self-affirmation driven by external forces or internal comfort and wholeness?…

Read the entire article here.

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Racial Paradox and Eclipse: Obama as a Balm for What Ails Us

Posted in Articles, Barack Obama, History, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2011-02-18 22:47Z by Steven

Racial Paradox and Eclipse: Obama as a Balm for What Ails Us

Denver University Law Review
Volume 86, Special Issue (Obama Phenomena: A Special Issue on the Election of President Barack Obama (2009)
pages 743-783

Camille A. Nelson, Dean and Professor of Law
Suffolk University, Boston, Massachusetts

I. Introduction

The 2008 political season provided us with sublime political spectacle. The contest for presidential nominee of the Democratic National party was an exciting and historic race. The subsequent presidential race whipped Americans, and indeed many throughout the world, into a frenzy. Never before did two white women and a black man exemplify the dreams and aspirations of so many. People the world over hoped and sought to change the course of history through the selection of the President and Vice President of the United States of America. There appearedto be a captivating yet ironic handwringing around identitarian politics at the same time that this elephant in the room was downplayed. The contest elevated, yet simultaneously sublimated, Americans’ struggle with race, gender, religion and national origin. As everyone was well aware of the monumental contests for symbolic firsts1 the 2008 Presidential race took on added momentum. With the designation of “First black President of the United States of America” looming within sight, supporters and detractors of Barack Obama were plagued by the weighty history of America. This racist history was cast as both past and prologue. With so many “firsts” at stake—either the potential for the first woman President and Vice President or the first black President—both crude and subtle identity politics were revealed which challenged claims that the citizenry of the United States had moved beyond identity politics, or race more specifically.

However, transcendent colorblind theories have been echoed in recent U.S. Supreme Court jurisprudence—they buttress a disconnect from our racialized past and present. In 2003, Justice O’Connor in Grutter v. Bollinger remarked that in twenty-five years we should no longer require affirmative action initiatives, presumably because we will have reached a post-racial epoch of cultural colorblindness. A few years later Chief Justice Roberts in Parents Involved in Community Schools v. Seattle School Dist. No. 15—a case addressing affirmative action initiatives undertaken by school districts—similarly asserted that the best way to stop racial discrimination is to stop discriminating. Cases such as these encode a normative boundary between public and private. They establish a terrain of identity schizophrenia on which we are often deluded by our perceptions of reality—no longer can we tell what is real from what is fiction.

This is the terrain on which I would like to examine the Obama phenomenon to reveal Barack Obama as somewhat of a paradox, black but white, manly but feminist, alien yet familiar, foreign but quintessentially American, and of course dubiously Christian. Accordingly, this essay will explore what might be described as the disordered identity politics revealed at the site of Obama’s ascendance. I will focus largely upon racial dynamics while recognizing the work of other identity constructs in constituting and reinforcing each other. Admittedly, race and racial politicking are the focus of this essay, but gender (specifically masculinity), religion, class and national origin also occupied the political landscape in meaningful ways. Essential to this exploration, therefore, is the intersecting identity of Barack Obama as not only a man, but a heterosexual black man of mixed racial, cultural and religious heritage. This multifaceted identity nexus carries incredible baggage in America—it complicates the desire for simplified identitarian politics but does not eliminate its force.

While to some people Barack Obama, as a mixed-race man who is Black identified, holds within him the specter of a post-racial America, it is my sense that we have not yet achieved this lofty goal, despite his election. Instead, America remains deeply invested in identitarian politics and race more specifically. No doubt some citizens cast a vote for Obama because of his race and others refused to do so for the same reason.  Rather than being irrelevant, the visibility and salience of race in America is starkly demonstrated by Obama mania—Obamania—the frenzy, excitement and furor surrounding his candidacy for President of the United States. Obama supporters and detractors alike have seized specifically upon race, consciously or unconsciously, to reveal deepseated identity-based paranoia. Thus, contrary to what the Supreme Court of the United States proclaims, race is not irrelevant in America, especially when politics and power are concerned.

This essay will explore some of the disordered permutations of race, specifically racial construction and deconstruction, as publicly demonstrated through Obamania. In Part I, particular emphasis will be placed upon the mixed-race rhetoric surrounding Obama—this framework casts Obama as racially transcendent and celebrates public American postracialism.  Curiously, though, despite this philosophy that dismisses the centrality of race in America, Obama himself acknowledges that he has had to make private race-based identity choices. Obama asserts that he is a black man in America—it is unlikely that he could assert that he is a white man and be legitimated and embraced as such. U.S. Representative G. K. Butterfield states, “Obama has chosen the heritage he feels comfortable with. His physical appearance is black. I don’t know how he could have chosen to be any other race. Let’s just say [if] he decided to be white people would have laughed at him.” Indeed, it is folly to believe that those who see him in dark, distrustful hues would embrace his white-half identity thereby seeing themselves in him to overcome their perception of his troublesome blackness. American public progressivity is out of step with our private racial ordering. Ironically, many in America can publicly celebrate the incredible reality of our first black President, yet self-righteously return to markedly and intentionally segregated private lives.

Part II will explore the racial tightrope that Obama skillfully crossed. Of all the major political candidates, only Obama was asked to be all things to all people. At times, he was not seen as black enough. At other times, Obama was too black. Yet on other occasions, Obama’s Christianity was questioned with the post-9/11 weightiness of an ascribed Muslim identity. There were other occasions on which his masculinity was questioned, even as he undoubtedly felt the historical burden of hyper-masculinized black manhood. Identity politics were cast upon Obama with a furor seldom demonstrated in national politics. Skillful as ever, however, Obama emerged victorious and relatively unscathed. To my mind, navigating the swath of identitarian complaints and politics thrown only his way was one of his greatest accomplishments.

Ultimately, Part III will conclude with an exploration of the ways in which the political contest for the Democratic Party nominee exposed the primacy of identitarian politics, specifically of race, in America. In conclusion, this essay will assert that, in keeping with America’s schizophrenic socio-legal history, race remains a challenging concept and its persistent relevance indicates that we have not yet achieved the racial healing or transcendence which Obama’s public ascendancy proclaims. Obama, therefore, is not the balm for our racial ailments. Instead, Obama’s ascendancy reveals our racial disorder. At the same time that Obama’s eclipsing blackness comforts many of us in the knowledge that we have finally elected a black President, others are equally disappointed by this fact. Moreover, Obama’s public trajectory to the forefront of the political super strata eclipses the pervasive reality that private prejudices remain steadfast throughout the social landscape and we remain more racially segregated than ever…

…To many people Obama’s mixed-race heritage indicates the triumph of colorblindness over racism. That colorblindness, as opposed to colorconsciousness without negative ascription, is seen as the sine qua non of racial progress is itself revealing of our racial disorder. For many in America the only way to overcome racism is to deny the consequences of race and colorism. Instead I suggest that we think about eliminating the negative connotations and consequences tethered to racialization rather than seeking to avoid any recognition of the socio-cultural concept of race itself. In the political landscape Obama was paradoxically wedged between these two competing viewpoints. [Shelby] Steele summarized these perspectives as follows:

There is the unspoken hope that his mixed-race freshness carries a broader political originality. And, in fact, he does embody something that no other presidential candidate possibly can: the idealism that race is but a negligible human difference. Here is the radicalism, innate to his pedigree, which automatically casts him as the perfect antidote to America’s exhausted racial politics. This is the radicalism by which Martin Luther King Jr. put Americans in touch—if only briefly—with their human universality. Barack Obama is the progeny of this idealism. As such, he is a living rebuke to both racism and racialism, to both segregation and identity politics—any form of collective chauvinism.

I read the identitarian discourses surrounding Obama differently. The posing of these questions around identity betrays our subconscious recognition that we are not there yet—we remain burdened by a default racial calculus. Even the semantics of being post-racial reveals the persistence of race and racial constructions. We do not even have terminology, let alone the ideological substance, to take us beyond racial fixity. These questions further indicate our quest for a racial healing that we know has not yet been achieved. Hence the racial schizophrenia. We aredeeply conflicted. It is unclear what is reality versus what is merely our distorted perception. It is my ultimate conclusion that our distorted racial perception is our reality…

Read the entire article here.

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Room For Debate: The ‘Two or More Races’ Dilemma

Posted in Articles, Campus Life, Media Archive, Politics/Public Policy, United States on 2011-02-13 23:13Z by Steven

Room For Debate: The ‘Two or More Races’ Dilemma

The New York Times
2011-02-13

In Room for Debate, The New York Times invites knowledgeable outside contributors to discuss news events and other timely issues.

Introduction

An article in a Times series on the growing mixed-race population in the United States describes a debate over new Education Department rules for how schools from kindergarten through college count students by race and ethnicity. Students of mixed parentage who choose more than one race will be placed in a “two or more races” category.

But those identifying themselves as Hispanic will be reported only as Hispanic, regardless of their race. Some civil rights leaders and educators say that these new classifications will complicate efforts to track academic inequities and represent a step backward in addressing them.

Do the new federal requirements make sense? What are the possible pitfalls?

Debaters:

“Why Race Still Matters”
Anthony P. Carnevale, Research Professor and Director of the Georgetown University Center on Education and the Workforce
Georgetown University

“‘Check One’ Didn’t Work”
Susan Graham, Executive Director
Project RACE (Reclassify All Children Equally)

“Identity and Demography”
Lani Guinier, Bennett Boskey Professor of Law
Harvard Law School

“The New Color Wheel”
Eric Liu
Author of The Accidental Asian: Notes of a Native Speaker (1998)

“Racism and the Multiracial Label”
Rainier Spencer, Director and Professor of Afro-American Studies; Professor of Interdisciplinary Studies
University of Nevada, Las Vegas
Author of Reproducing Race: The Paradox of Generation Mix (2011)

“Take the Politics Out of Race”
Shelby Steele, Robert J. and Marion E. Oster Senior Fellow
Hoover Institution

“Race, Poverty and Educational Equity”
Gerald Torres, Professor of Law
University of Texas, Austin

…The change endangers the accurate monitoring of civil rights compliance in education. Despite the important gains of the civil rights movement, much discrimination still exists, albeit in less overt forms. Civil rights compliance monitoring—the use of racial statistics to uncover suspicious patterns in education, housing, employment, etc.—is our very best means of detecting covert and institutional discrimination. It is the reason for all those “check boxes” for racial identity that no one loves…

…People, including students, are not discriminated against on the basis of being mixed-race, but rather on the basis of being one part of that mixture The federal race categories, crude as they might be, allow us to track how people are treated based on how they are perceived by others. The dangerous result of the Education Department’s provision will be two-fold.

On one hand, the “two or more races” category will provide no useful data for compliance monitoring; while on the other, real racial discrimination against some students will go untracked by the compliance monitoring apparatus because students who check more than one box will not be placed in the categories that are in fact motivating their unjust treatment…

Rainier Spencer



…But a new generation has arrived, more mixed than any before, and these young Americans are quite uninterested in seeking permission to sit in one of four or five colored boxes. Today’s multiracial Americans are at greater liberty to choose how they’d like to be seen, and under less pressure to pass for white.This is progress. At the same time, the blurring of race labels is neither the dawn of colorblindness nor the dusk of racism. Go to a place like Rio (or, for that matter, New Orleans), where people of many races mix, where there are many fine distinctions of shade—and where lighter is still usually seen as better.If whiteness were of no particular advantage, then having a fuller color wheel of skin tones would be purely a matter of celebration. But whiteness – just a drop of it – does still carry privilege. You learn that very young in America…Eric Liu



…This conflation of race and ethnicity inevitably distorts the diagnosis of the unique educational problems of black Hispanics—or, worse yet, averages them into obsolescence. This is particularly harmful because false or partial diagnosis of any problem inevitably produces less effective policy responses…Anthony P. Carnevale



…All children are worthy of recognition of their entire heritage. If we teach our children to tell the truth and then stand in the way of them doing that on school forms, we are missing the point. If accurate data are what we want, true identity of our students is what we must collect and reflect.We are not asking for a piece of the pie, but we need to be reflected on those data pie charts. Tracking the multiracial population is no less important than tracking any other group…Susan Graham



…Categorizing and counting students by race still has relevance since blacks and Latinos continue to experience educational inequality as shown by achievement data and the resources available in the public schools they attend. Where poverty and race are linked these problems are compounded……The rise of multiracial identification stems from a resistance to obdurate historical racial categories and the reality that there are more children now with parents of different races. Do you erase part of who you are if you are forced to choose one race over another when you really feel like you are part of both? Do you diminish the political power of a historically oppressed group if you do not choose to make that group your primary identifier? And who gets to say who you are anyway?…Gerald Torres

Read the entire debate here.

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Determining the (In)Determinable: Race in Brazil and the United States

Posted in Articles, Barack Obama, Brazil, Caribbean/Latin America, History, Law, Media Archive, Politics/Public Policy, United States on 2011-02-13 20:58Z by Steven

Determining the (In)Determinable: Race in Brazil and the United States

Michigan Journal of Race & Law
Volume 14, Issue 2 (Spring 2009)
pages 143-195

D. Wendy Greene, Assistant Professor of Law
Cumberland School of Law, Samford University, Birmingham, Alabama

Recently, the Brazilian states of Rio de Janeiro, São Paulo, and Mato Grasso du Sol have implemented race-conscious affirmative action programs in higher education. These states have established admissions quotas in public universities for Afro-Brazilians or afrodescendentes. As a result, determining “who is Black” has become a complex yet important undertaking in Brazil. Contrary to many scholars’ advancements race in Brazil is skin color or physical appearance, whereas in the United States race is based on ancestry, this Article advances the notion that in both American countries one’s physical appearance is the primary determinant of Blackness. Furthermore, when U.S. courts have been charged with determining Blackness, racial constructs based on physical appearance—not the rule of hypodescent—have steered their legal pronouncement of race. This Article first offers a necessary survey of African slavery in Brazil and the United States. This Article demonstrates that despite the contrasts in demography, slave law, and ensuing racial ideology—“racial democracy” in Brazil and “racial purity” in the United States—the enslavement and subordination of Africans and their descendants spawned a common racial hierarchy and assembly of phenotypes designating Blackness and whiteness. Moreover, this Article surveys historical and contemporary racial determination cases which demonstrate the salience of physical appearance in determining race in the United States and debunks the notion that the hypodescent rule is applied to determine “Blackness”. These cases additionally illuminate the paradoxical nature of race—specifically Blackness and whiteness—in the Americas; race is contextual, subjective, and malleable yet simultaneously fixed, as physical constructs of Blackness and whiteness have transcended geography, time, ideology, and demography. Ultimately, this exploration of racial determination cases imparts insight and guidance to Brazilian arbiters currently determining who is Afro-Brazilian for affirmative action purposes.

Table of Contents

  • INTRODUCTION
  • I. Slavery, Race, and Racial Ideology in Brazil and the United States Settlement, Slavery, and Demography
    • A. Race, Racial Ideology, and Racial Hierarchy
    • B. Brazil: A “Racial Democracy”
    • C. The United States: A “Racially Pure” Nation
    • D. Brazil and the United States: A Transnational Concept of Race and Racial Hierarchy
  • II. Constructing Race: The Role of U.S. Courts
    • A. Race as Physical Appearance and Beyond in the Nineteenth Century: Hudgins v. Wright and White v. Tax Collector
    • B. Racial Determination in the Early Twentieth Century: In Re Cruz
    • C. Moving Toward a New Millennium Yet Mired in the Past: The Malone and Perkins Cases
  • III. The Application of U.S. Racial Determination Methods to the Brazilian Case
  • CONCLUSION

On January 20, 2009 Barack Obama was inaugurated as the 44th President of the United States. Throughout President Obama’s candidacy and after his victory, one of the primary queries raised by the media revolved around his race: is America “ready” for a Black president? Even though it is publicly known that Obama’s mother is a white American from the Midwest and his father is a native of Kenya, the press as well as most Americans would describe Senator Obama as the first Black president of the United States, rather than the first mixed-race president. The general depiction and acceptance of Senator Obama as Black rather than multiracial generates important questions related to America’s common understanding of race. In the United States, is Obama deemed Black because he has self-identified as Black? Is Obama defined as Black due to his known African ancestry? Or is Obama generally regarded as Black in the United States, despite his known white parentage, because of his physical appearance—one which conforms to a socially constructed image of Blackness?

Since the era of Jim Crow, the rule of hypodescent—the presence of one ancestor of African descent makes an individual’s race Black—has been articulated as the guiding principle for determining one’s “Blackness” and “whiteness” in the United States. Accordingly, ancestry allegedly determines Blackness in the United States dissimilarly to Brazil, where one’s physical appearance is determinative. In Brazil it is widely acknowledged that most Brazilians are descendants of Africans in light of the pervasive miscegenation that occurred during and after the Portuguese and Brazilian enslavement of Africans. Therefore, one’s physical appearance—hair texture, skin color, nose size, eye shape, etc.—determines one’s race in Brazil. Contrary to scholarly opinion “[u]nlike in the United States, race in Brazil refers mostly to skin color or physical appearance rather than to ancestry” and public adherence to this idea, one’s physical appearance is the primary determinant of Blackness in both American countries. Indeed, an individual’s ancestry is necessarily implicated in determining race based on his or her physical appearance, as this method of classifying race is grounded in socially mediated presumptions concerning how an individual’s physical appearance denotes his or her genetic makeup…

…This Article examines the alleged complexity of determining who is Black or Afro-Brazilian for affirmative action purposes in higher education while surveying United States racial determination jurisprudence. This Article is not intended to serve as a dissertation on the legality of race-conscious affirmative action or the efficacy of these programs in the United States and Brazil. Since the United States is considered a global forerunner in the implementation of race-conscious affirmative action in higher education and employment, numerous scholars have debated the validity, constitutionality, and utility of race-conscious affirmative action in Brazil through a U.S./Brazil comparative lens. However, there is a paucity of literature exploring fundamental issues in facilitating race-conscious programs: specifically, who is the proper beneficiary; how should this determination be made; and can Brazilian arbiters adopt U.S. judicial modes of determining race to effectuate their raceconscious affirmative action programs? The objective of this Article is to mitigate this void in comparative scholarship by demonstrating the universality of race and the law’s role in constructing race, racial ideology, and racial hierarchy.

First, this Article discusses African slavery in Brazil and the United States, which is crucial to the understanding of race, racial ideology, and racial hierarchy in the two nations. Part I explores the differences and similarities between the conception of race in Brazil and the United States, specifically focusing on the construction of Black, white, and multi-racial classifications. Part I also considers the influence of slavery and settlement patterns on the contrasting racial ideologies in both American nations—“racial democracy” in Brazil and “racial purity” in the United States. Additionally, this section illustrates that a mutual racial hierarchy constructed around physical appearance developed and endures despite the divergent racial ideologies, settlement patterns and slavery law in Brazil and the United States.

Next, Part II examines a series of racial determination cases decided by American courts historically and contemporarily and the various methods these courts appropriated to determine an individual’s race. This survey of racial determination cases illuminates the salience of physical appearance in determining race as well as the paradoxical nature of race—specifically Blackness and whiteness—in the Americas; race is contextual, subjective, and malleable yet simultaneously fixed, as physical constructs of Blackness and whiteness have transcended geography, time, ideology, and demography. Part III concludes with a consideration of Brazilian arbiters adopting American judicial modes of determining race and the potential consequences of doing so…

Read the entire article here.

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All Things Being Equal: The Promise of Affirmative Efforts to Eradicate Color-Coded Inequality in the United States and Brazil

Posted in Articles, Brazil, Caribbean/Latin America, History, Law, Media Archive, Politics/Public Policy on 2011-02-11 05:56Z by Steven

All Things Being Equal: The Promise of Affirmative Efforts to Eradicate Color-Coded Inequality in the United States and Brazil

National Black Law Journal
Volume 21, Number 3 (2009)
41 pages

Tanya M. Washington, Associate Professor of Law
Georgia State University

The contrasted contexts of the United States and Brazil provide an intellectually fascinating framework for the consideration of race conscious remedies to racial inequality. “Any comparative examination of race relations hinges on the question of racial inequality: in what ways are blacks disadvantaged in relation to whites in each society . . . ?” A casual observer may compare the United State’s insistence on racial assignment and history of de jure and de facto racial discrimination with Brazilian historical aversion to racial classification and history of de facto discrimination and conclude that race and color enjoy more conceptual and legal relevance in the former context than in the latter.

Introduction

The contrasted contexts of the United States and Brazil provide an intellectually fascinating framework for the consideration of race conscious remedies to racial inequality. “Any comparative examination of race relations hinges on the question of racial inequality: in what ways are blacks disadvantaged in relation to whites in each society… ?”1 A casual observer may compare the United State’s insistence on racial assignment and history of de jure and de facto racial discrimination with Brazilian historical aversion to racial classification and history of de facto discrimination and conclude that race and color enjoy more conceptual and legal relevance in the former context than in the latter.  This conclusion, in turn, would inform a judgment as to the relative necessity and efficacy of the administration of affirmative action in both nations. Instead of using the apparent differences between legal definitions of race and color in the two countries as a reference point for comparing the utility of affirmative action as a means of eradicating color-coded inequality, this article uses as its point of departure, the similar ways that racial and color-based inequality have been manufactured in the United States and Brazil.4 “Because they share the same battle against insidious systems of racial hierarchy, it is sensible for both Americas to… focus upon the commonality of the historical legacy of slavery and its outgrowth in the continuing societal efforts to maintain privilege…” “North and South America… share a societal use of segregation for the promotion of supremacy. The segregation of education has been a key to this agenda of privilege.” Within the context of education, this piece treats affirmative action as a crucible, revealing racialized narratives, polarities, hierarchies and constructs, which have created and maintained the color-coded inequality that characterizes both American and Brazilian social, political, and economic realities…

…A substantively different construction of affirmative action, called by the same name, is being implemented in Brazil. Brazil has historically been described as a Racial Democracy, a national ideology that shares with colorblindness a resistance to the legal relevance of race. As this ideology yields to a national narrative that recognizes color-coded realities,16 the Brazilian government is utilizing the most aggressive form of affirmative action, quotas, to both remedy significant racialized social, economic and political disparities and to achieve substantive economic, social and political equality for its citizens. Brazilians opposed to affirmative action practices and policies, echoing objections raised by affirmative action detractors in the United States, charge that racial assignment and classification for the purpose of including some and excluding others (i.e., the legalization of racial classifications) is divisive,17 destabilizing, and impossible in a nation that has existed without categorical racial identities. This article considers whether a diversity focused affirmative action policy would provide a more politically palatable framework for race-conscious governmental action, and offer a justification that is more concentric with the Brazilian orientation towards difference, than a remediation focused policy.

The growing awareness of racial disparities as a catalyst to and justification for efforts to achieve substantive equality in Brazil and the growing reticence in the United States to the use of race conscious means of facilitating substantive equality, provide a unique opportunity for a comparative analysis of the ways in which racism and colorism construct social, economic and political inequality for Afro- Brazilians and Black Americans and the extent to which affirmative action can provide an effective vehicle for reform in both nations. Part I of this article begins with an examination of the history and evolution of the significance and uses of race and color that have informed the current climate of raceblindness in the face of racial inequality in both nations. This section explores the ways in which the legend of Racial Democracy continues to pervade perceptions of race and challenge efforts to remedy racial inequities in Brazil and the ways in which the ideology of colorblindness has provided a jurisprudential framework inherently hostile to race-conscious efforts to achieve substantive equality in America.

Part II of this article highlights racial disparities in both nations and identifies racial polarity, which expresses fixed and diametrically opposed valuations of whiteness and blackness, reflected in white-to-black color hierarchies that operate in both the United States and Brazil, as their chief article contrasts colorblindness in the United States and Racial Democracy in Brazil architect. In keeping with this theme, race and color are considered throughout this piece within a binary (black/white) framework, which underscores the central thesis that black-white racial polarities, in concert with normative whiteness, create substantive social, economic, and political inequality in both countries.

Part III of this article contrasts colorblindness in the United States and Racial Democracy in Brazil and addresses how racial and color-based inequality are both masked and manufactured at the intersection of racial polarity and resistance to an acknowledgement of the legal relevance of race in both nations. This section of the article then focuses on the prospects of a Brazilian affirmative action project based on educational diversity and its transformative possibilities for creating substantive equality. It highlights how Brazil’s Constitution and its affirmative action legislation accommodate and instigate responses to racial inequality that challenge normative whiteness. This article ends on an optimistic note, concluding that an educational diversity focused affirmative action project may be a more effective tool with which to disrupt racial polarity in Brazil and dismantle the consequent color hierarchy that creates and perpetuates substantive inequality.

…The prospect of freedom for the slaves inspired insecurity among white Brazilians, and created the need for structures and policies that would maintain their status as the ruling elite. Responding to this exigency, the Brazilian government engaged in large scale immigration of European whites and encouraged miscegenation in order to improve the racial balance between blacks and whites. The “whitening” of the Brazilian population, through miscegenation, was believed to have a civilizing effect on the Brazilian population of observable African ancestry and reinforced normative whiteness (i.e., whiteness as the value standard). A popular slogan of the day, “Marry White to Improve the Race,” captured the pervasive sentiment.

Gilberto Freyre, credited with popularizing the idea of Racial Democracy in the 1930s and 1940s, studied at Baylor University in Texas in the early 1900s and reacted with horror to the Jim Crow institutions and practices he witnessed during his visit, including a lynching.

The shock of Freyre’s encounter with the racial hostility and segregation of the United States led him to construct a vision of Brazil’s past (and, by extension, its present and future) that proved deeply appealing to many Brazilians. Scientific racism and its Brazilian variant, the whitening thesis, had viewed Brazil’s history of slavery and miscegenation, and the racially mixed population which was its legacy, as shameful obstacles that had to be overcome if Brazil were to enter the community of civilized nations. Freyre… rehabilitated that past, recasting it as the basis of a new national identity independent, for the first time in Brazilian history, of European norms and models…. Freyre’s writings thus became the basis of a new, semi-official ideology propagated in public proclamations, schools, universities, and the national media…

Read the entire article here.

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Counting by Race Can Throw Off Some Numbers

Posted in Articles, Census/Demographics, Identity Development/Psychology, New Media, Politics/Public Policy, United States on 2011-02-10 21:59Z by Steven

Counting by Race Can Throw Off Some Numbers

The New York Times
2009-02-11

Susan Saulny, National Correspondent

Race Remixed: The Pigeonhole Problem. Articles in this series explore the growing number of mixed-race Americans.

The federal Department of Education would categorize Michelle López-Mullins—a university student who is of Peruvian, Chinese, Irish, Shawnee and Cherokee descent—as “Hispanic.” But the National Center for Health Statistics, the government agency that tracks data on births and deaths, would pronounce her “Asian.” And what does Ms. López-Mullins’s birth certificate from the State of Maryland say? It doesn’t mention her race.

Ms. López-Mullins, 20, usually marks “other” on surveys these days, but when she filled out a census form last year, she chose Asian, Hispanic, Native American and white.

The chameleon-like quality of Ms. López-Mullins’s racial and ethnic identification might seem trivial except that statistics on ethnicity and race are used for many important purposes. These include assessing disparities in health, education, employment and housing, enforcing civil rights protections, and deciding who might qualify for special consideration as members of underrepresented minority groups.

But when it comes to keeping racial statistics, the nation is in transition, moving, often without uniformity, from the old “mark one box” limit to allowing citizens to check as many boxes as their backgrounds demand. Changes in how Americans are counted by race and ethnicity are meant to improve the precision with which the nation’s growing diversity is gauged: the number of mixed-race Americans, for example, is rising rapidly, largely because of increases in immigration and intermarriage in the past two decades. (One in seven new marriages is now interracial or interethnic.)…

…Under Department of Education requirements that take effect this year, for instance, any student like Ms. López-Mullins who acknowledges even partial Hispanic ethnicity will, regardless of race, be reported to federal officials only as Hispanic. And students of non-Hispanic mixed parentage who choose more than one race will be placed in a “two or more races” category, a catchall that detractors describe as inadequately detailed. A child of black and American Indian parents, for example, would be in the same category as, say, a child of white and Asian parents.

The new standards for kindergarten through 12th grades and higher education will probably increase the nationwide student population of Hispanics, and could erase some “black” students who will now be counted as Hispanic or as multiracial (in the “two or more races category”). And reclassifying large numbers of white Hispanic students as simply Hispanic has the potential to mask the difference between minority and white students’ test scores, grades and graduation rates—the so-called achievement gap, a target of federal reform efforts that has plagued schools for decades.

“They’re all lumped together—blacks, Asians and Latinos—and they all look the same from the data perspective,” said Daniel J. Losen, a policy expert for the Civil Rights Project at the University of California, Los Angeles, referring to the Department of Education aggregation. “But the reality is much different. There are different kinds of discrimination experienced by these subgroups.

“It’s a big problem for researchers,” Mr. Losen continued, “because it throws a monkey wrench in our efforts at accountability, student tracking and the study of trends.”…

…The Census Bureau’s solution may have added layers of complexity for demographers—creating 63 categories of possible racial combinations—but it laid to rest fears from civil rights advocates that adding a multiracial category would diminish the number of blacks, Asians or American Indians in official government counts, since multiracial people are counted in the ranks of all of the races they check. (This does not distort the total population of the United States because that number is based on how many people answer the census questionnaire, not on adding the totals from each racial column.)

Even the Census Bureau acknowledges that accurately counting the multiracial population is a challenge and says it continues to explore ways to do it better, said Nicholas A. Jones, chief of the racial statistics branch. Some people of mixed race were fickle about their racial identifications in early tests of the new, more expansive methods, changing their answers from interview to interview.

Moreover, because the census in 2000 began allowing respondents to mark as many races as they wanted, today’s numbers are not directly comparable with those before 2000…

Read the entire article here.

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Dr. Rainier Spencer to be Guest on MSNBC NewsNation with Tamron Hall

Posted in Census/Demographics, Live Events, Media Archive, Politics/Public Policy, Social Science, United States, Videos on 2011-02-02 12:59Z by Steven

Dr. Rainier Spencer to be Guest on MSNBC NewsNation with Tamron Hall

NewsNation
MSNBC TV
Wednesday, 2011-02-02, 19:00-20:00Z (14:00-15:00 EST, 11:00-12:00 PST) (Recheduled due to a White House news conference on the situation in Egypt from 2011-01-31.)

Tamron Hall, Host

Rainier Spencer, Director and Professor of Afro-American Studies; Professor of Interdisciplinary Studies
University of Nevada, Las Vegas

Dr. Spencer is the author of the new book, Reproducing Race: The Paradox of Generation Mix (2011) in where he argues cogently, and forcefully, that the deconstruction of race promised by the American Multiracial Identity Movement will remain an illusion of wishful thinking unless we truly address the racist baggage that serves tenaciously to conserve the present racial order.

View the video here.

Selected bibliography:

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Why Do We Consider Obama to Be Black?

Posted in Articles, Barack Obama, History, Media Archive, Politics/Public Policy, Social Science, United States on 2011-01-30 23:23Z by Steven

Why Do We Consider Obama to Be Black?

New America Media
Commentary
2008-10-25

Ronald Takaki (1939-2009), Emeritus Professor of Ethnic Studies
University of California, Berkeley

A historical look at the the persistence of the “one drop” rule.

Editor’s Note: Historian and scholar Ronald Takaki uncovers the origins of the “one drop” rule that was key to defining race early in America’s history, and ponders whether we will ever move past it – even with a mixed race presidential candidate. Takaki, emeritus professor of Ethnic Studies at the University of California, Berkeley, is the author of A Different Mirror: A History of Multicultural America (updated edition to be published by Little, Brown in December).

Barack Obama is the son of a white mother and a black father. In Latin America, he would be identified as “mulatto” or half white and half black, and in South Africa as “colored” or between white and black.

Why are all African Americans, regardless of their mixed racial heritage, identified as black? What are the origins of the uniquely American “one drop” rule?

The first 20 Africans were landed in Jamestown in 1619. Yet, the planter class did not rush to bring more laborers from Africa. The elite wanted to reproduce an English society in America. By 1670, only 5 percent of the Virginia population was African.

Six years later, the planters abandoned their vision of a homogeneous society. During Bacon’s Rebellion, armed white and black laborers marched to Jamestown and burned it to the ground. After reinforcements of British troops had put down the insurrection, the planters turned to Africa as their primary source of labor: they wanted workers who could be enslaved and disarmed by law based on the color of their skin. The African population inclined upward to 40 percent.

The planters also stigmatized the complexion of the African laborer. They had earlier passed a law which law provided that the child of a slave mother would inherit the status of the mother, regardless of the race of the father. Thus a child of a slave mother and a white father would be a slave.

After Bacon’s Rebellion, the elite passed another law which enslaved the child of a white mother and a black father.

These two laws gave birth to the “one drop” rule. To be black, even part black was to be a slave, and to be a slave was to be black…

Read the entire article here.

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Remembering Mildred Loving, Unsung Hero of the Civil Rights Movement

Posted in Articles, Census/Demographics, History, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2011-01-30 03:17Z by Steven

Remembering Mildred Loving, Unsung Hero of the Civil Rights Movement

Counterpunch
2008-05-09

Mark A. Huddle, Associate Professor of History
Georgia College and State University

Fighting “Anti-Miscegenation” Laws

On May 2, Mildred Loving died from complications of pneumonia at the age of 68.  The unassuming Mrs. Loving would have scoffed at the notion that she was a hero of the Civil Rights Movement.  But for millions of Americans the Loving v. Virginia (1967) case—which outlawed bans on interracial marriage—has resonated to the present as their declaration of independence

The Lovings’ story began in June 1958 when they were married in Washington, DCRichard Perry Loving and Mildred Delores Jeter of Central Point, Virginia crossed into the District to evade their state’s Racial Integrity Act, a law that defined the marriage of a white man and African American woman as a felony.  Five weeks later on July 11, the newly-married couple was rousted from their bed by the Caroline County, Virginia sheriff and two deputies and arrested for violating the 1924 law.  In a plea agreement, they pleaded guilty in return for a one-year suspended jail sentence and an agreement not to return to the state together for twenty-five years. 

The couple moved to Washington, started a family, and struggled to make ends meet.  Eventually the isolation from family and friends proved too much.  In 1963 Mildred Loving contacted the American Civil Liberties Union which agreed to take the case.  Eventually Loving v. Virginia was argued before the Supreme Court of the United States on April 10, 1967.  Chief Justice Earl Warren delivered the opinion of the Court on June 12.  Warren put the question succinctly:  did the “statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications” violate the “Equal Protection and Due Process Clauses of the Fourteenth Amendment?”  The Court concluded that the Virginia law directly contradicted the “central meaning” of those constitutional safeguards and was therefore unconstitutional.

The Lovings were always quick to note that while they were glad their case proved so helpful to so many people their main concern was the welfare of their own family.  “We are doing it for us,” Richard Loving told an interviewer in 1966.  But the Loving decision eventually impacted millions. 

So-called “anti-miscegenation laws” were one of the more tenacious vestiges of Jim Crow.  The last state to strike anti-miscegenation statutes from its organic law was Alabama which waited until 2000 to do so.  In the decades since the ruling, there has been a marked increase in mixed race marriages and by the 1990s we were in the midst of an interracial baby-boom.  Also of particular importance to the growth of the mixed-race population was the Immigration Act of 1965 that eliminated many of the racist immigration restrictions from earlier legislation and contributed to the “browning of America.”  Census 2000, the first to allow Americans to check more than one box for racial identity, counted 7.3 million people, about 3 percent of the population, as interracial.  The most striking fact of all from the data is that 41 percent of that mixed race population was under the age of eighteen…

Read the entire article here.

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