Mixed Race Studies

Skimmed: Breastfeeding, Race, and Injustice

Stanford University Press
December 2019
304 pages
Cloth ISBN: 9781503601123
Digital ISBN: 9781503610811

Andrea Freeman, Associate Professor of Law
William S. Richardson School of Law
University of Hawai’i, Mānoa

Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America’s first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk’s profits from a previously untapped market of Black families skyrocketed.

Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America’s youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.

President John F. Kennedy visits with Mary Alice Fultz, Mary Louise Fultz, Mary Anne Fultz, and Mary Catherine Fultz, a set of quadruplets from Milton, North Carolina, 2 August 1962. Robert Knudsen. White House Photographs. John F. Kennedy Presidential Library and Museum, Boston, 1962-08-02.

Contents

• 1. Introduction: A Formula for Discrimination
• 2. The Famous Fultz Quads
• 3. Black Breastfeeding in America
• 4. The Bad Black Mother
• 5. When Formula Rules
• 6. Legalizing Breast Milk
• 7. The Fultz Quads after Pet Milk
• Conclusion: “First Food” Freedom

Overlooked No More: Homer Plessy, Who Sat on a Train and Stood Up for Civil Rights

The New York Times
2020-01-31

Glenn Rifkin

A mural in New Orleans shows what Homer Plessy, right, might have looked like. On the left is P.B.S. Pinchback, the first black man to serve as a governor in the United States, in Louisiana. Pinchback is often mistaken for Plessy. Mural by Ian Wilkinson; Photo by Jane Morse Rifkin

He boarded a whites-only train car in New Orleans with the hope of getting the attention of the Supreme Court. But it would be a long time before he got justice.

Since 1851, many remarkable black men and women did not receive obituaries in The New York Times. This month, with Overlooked, we’re adding their stories to our archives.

When Homer Plessy boarded the East Louisiana Railway’s No. 8 train in New Orleans on June 7, 1892, he knew his journey to Covington, La., would be brief.

He also knew it could have historic implications.

Plessy was a racially mixed shoemaker who had agreed to take part in an act of civil disobedience orchestrated by a New Orleans civil rights organization.

On that hot, sticky afternoon he walked into the Press Street Depot, purchased a first-class ticket and took a seat in the whites-only car…

Read the entire article here.

What Racial Discrimination Will Look Like in 2060

Scientific American
2019-11-29

Marisa Franco

Credit: Getty Images

As biracial people become increasingly common in America, bias based on perceived rather than actual identity will too

In 2009, Nathaniel Burrage requested a transfer from his job in Youngstown, Ohio, where he worked as a driver for FedEx. He alleged that he was experiencing ongoing racially motivated harassment. According to Burrage, his supervisor, Dennis Jamiot, alternated between referring to him as “Mexican” and “cheap labor,” and shouted “ándale” and “arriba” at him as he walked by. Soon after, he said his other supervisors began to chime in with the same racist insults, and Jamiot began to lob paper clips and chalk at him. One co-worker asked him to weigh in on whether what was etched on a graffiti wall was true: Mexicans are proof that American Indians had sex with buffalos.

Burrage filed a lawsuit under the Civil Rights Act of 1964. Yet, despite the verbal and physical abuse he alleged he’d experienced, his case was dismissed. The reason? Nathanial Burrage was not actually Mexican, or even Hispanic. Burrage was a black/white biracial man experiencing what I have termed in my research as “identity incongruent discrimination.” Identity incongruent discrimination occurs when someone experiences racial discrimination for a race they are misperceived as.

As the browning of America continues, identity incongruent discrimination will only continue to rise. It’ll be a pressing problem for the growing multiracial population—a group that is the fastest growing racial group in America and that’s set to triple in size by 2060. Research finds that members of the multiracial group are more likely to be miscategorized than members of any other racial group. Compared to categorizing people into a single-race category, categorizing someone as multiracial is more mentally cumbersome, takes longer and is less likely to occur. And the most common race that black/white biracial people, like Burrage, are categorized as is Hispanic…

Read the entire article here.

Approaching Conceptions of “Blackness” and “Mixed-Race” in Legal Scholarship and Housing Segregation

The Yale Center for the Study of Race, Indigeneity, and Transnational Migration
Yale University
2019-11-13

Zaire Dinzey-Flores, Associate Professor of Latino and Caribbean Studies at Rutgers University and Tanya Herńandez, Archibald R. Murray Professor of Law at Fordham University discuss “Approaching Conceptions of “Blackness” and “Mixed-Race” in Legal Scholarship and Housing Segregation.”

The Yale Center for the Study of Race, Indigeneity, and Transnational Migration (RITM) hosted the discussion. To learn more about the Center visit ritm.yale.edu.

Ep13 – Loving v. Virginia

Salacious History: Sex. Romance. Infamy.
2019-10-16

Sarah Duncan, Host

At 2am on July 11, 1958, Mildred and Richard Loving were ripped from their beds in the middle of the night and thrown in jail. Their crime? Being married to someone of a different race. On today’s show, we get the background on the Lovings’ relationship, a brief history of miscegenation law, and how the Loving’s legal battle changed the United States forever.

Listen to the episode (00:25:26) here. Download the episode here.

Tennis pro sues Red Rock Country Club for alleged racial discrimination

KTNV Las Vegas
2019-10-11

Ross DiMattei, Anchor/Reporter

Claims she was fired over bi-racial daughters

LAS VEGAS (KTNV) — A Las Vegas valley tennis instructor filed a lawsuit in federal court on Thursday accusing the Red Rock Country Club of firing her because of her bi-racial daughters.

Lawyers for Carmel Mary-Hill say they’ve been negotiating a settlement with Red Rock Country Club after the club allegedly discriminated against the tennis pro based on race.

But, after feeling like the country club blew off her claims, Mary-Hill says she had no choice but to file the explosive, 30-page lawsuit.

In it, she accuses Red Rock Country Club of firing her after a member complained about her bi-racial daughters attending an annual tennis tournament.

“I’m OK with them attacking me because I’m in adult and I can handle it, even though it hurts me. But when you attack a 3-year-old and a 5-year-old because they are mixed, that’s not OK with me,” said Mary-Hill…

Read the article and watch the story here.

Judge strikes down Virginia race requirement for marriage license as unconstitutional

The Washington Post
2019-10-11

Rachel Weiner

Judge Rossie D. Alston Jr. struck down a Virginia law mandating that marriage license applicants state their race. (Bob Brown/AP)

A federal judge on Friday struck down as unconstitutional a Virginia law requiring people to state their race when applying for a marriage license.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Judge Rossie D. Alston Jr. wrote in his opinion in the U.S. District Court for the Eastern District of Virginia. “But like other institutions, the stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most important institution . . . The Constitution of the United States of America.”

The law, Alston found, violates the 14th Amendment right to due process. It is one of his first opinions; he was sworn in as a federal judge in August.

“We’re very pleased, of course,” plaintiffs’ attorney Victor M. Glasberg said. “The only unfortunate part is that it took a United States district judge to strike a Jim Crow provision that the state of Virginia insisted on defending in court.”

…He also disputed the contention that there is no “straight line” between a 1924 state law prohibiting interracial marriage and the requirement to choose a race when getting married. On the contrary, in his order he agreed with Glasberg that the law reflected a racist and segregationist past embodied in the first state registrar of vital statistics, a white supremacist named Walter Plecker…

Read the entire article here.

Virginia law requiring couples to disclose race is unconstitutional, judge says

Cable News Network (CNN)
2019-10-14

Theresa Waldrop

Brandyn Churchill and Sophie Rogers, left, and Samuel Sarfo and Ashley Ramkishun sued Virginia over a requirement that race be disclosed in marriage license applications.

(CNN) A federal judge ruled that a Virginia law requiring couples to reveal their race in applying for a marriage license is unconstitutional.

The lawsuit against the Virginia State Registrar and others was filed after three couples said they were denied marriage licenses in the state after they refused to check a box disclosing their race on their applications.

Finding that the statute violates the 14th Amendment, Judge Rossie D. Alston wrote in his ruling Friday that requiring the couples “to disclose their race in order to receive marriage licenses burdens their fundamental right to marry,” Alston wrote.

“(T)he statutory scheme is a vestige of the nation’s and of Virginia’s history of codified racialization,” the judge wrote.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Alston wrote. “But like other institutions, that stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most import institution … the Constitution of the United States of America.”…

Read the entire article here.

18:Multiracials & Civil Rights + Colorism + Hair Wars with Professor Tanya Katerí Hernández

Radiant Mix
2019-10-10

Hope McGrath, Host

In this episode Hope McGrath has an insightful conversation with Tanya Katerí Hernández, an internationally recognized comparative race law expert and Fulbright Scholar who is the Archibald R. Murray Professor of Law at Fordham University School of Law. Not only do we learn about Tanya’s powerful personal story, but she shares her expertise in anti-discrimination law, race relations, and beyond as we discuss her new book “Multiracials and Civil Rights: Mixed-Race Stories of Discrimination.” This is one fascinating episode where we can learn new insights about the mixed-race experience and law, plus so much more. Learn something new everyday…Enjoy the show!

SHOW HIGHLIGHTS:

• Professor Tanya Katerí Hernández shares her personal story as an Afro-Puerto Rican woman which highlights the issue of colorism front and center within her family
• Hair Wars— the plight of multiracial hair and its importance in our lives is real!
• The growth of interracial relationships and the mixed-race children population does not alter how racism manifests in anti-discrimination law cases.
• An academic scholar of comparative race relations and anti-discrimination law discusses the new primetime sitcom Mixed•ish
• Is it acceptable to use the controversial term “mixed” for mixed-race individuals? Get Professor Tanya’s professional opinion.
• The importance of reinvigorating our communities to pursue equity. We must understand and push back from the systemic and structural racism that is the backbone of our society. Get some insights into how to take action.
• Learn about some shocking anti-discrimination cases cited in Professor Tanya Katerí Hernández’s new book Multiracials and Civil Rights: Mixed-Race Stories of Discrimination.

Listen to the episode (00:048:58) here.

Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, Tanya Katerí Hernández

Political Science Quarterly
Volume 134, Number 2 (Summer 2019)
pages 351-352

Ann Morning, Associate Professor of Sociology
New York University

Multiracials and Civil Rights is a jewel. Relatively brief and always engaging, it presents a well-defined and well-motivated inquiry that simultaneously manages to speak to a much broader issue of deep importance. While legal scholar Tanya Katerí Hernández persuasively answers the immediate question of how multiracial people’s claims of racial discrimination are positioned and adjudicated in U.S. courts, she also provides real food for thought about the role of multiraciality in today’s racial order.

Multiracials and Civil Rights draws readers in with a puzzle: why do certain multiracial activists or scholars perceive existing antidiscrimination law as insufficient for their community’s needs? Is it indeed the case that mixed-race people’s claims of discrimination are not being adequately handled in the courts? Drawing on records for all such legal cases in the United States, in which an explicitly multiracial person alleged racial discrimination, Hernández argues persuasively that American courts do just fine by such complainants. If anything, they seem to be particularly solicitous of multiracials, treating their allegations with greater care and deference than those of other racial minorities. So where is the problem? For some multiracial advocates, it appears to lie in the courts’ pretty..

Read or purchase the review here.