Mixed Race Studies

Dangerous Woman: Elizabeth Key’s Freedom Suit – Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia

Akron Law Review
University of Akron
Volume 41, Number 3 (2007-2008)
pages 799-837

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

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude – slavery in the mid seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry – English; her religion, Christian; and the inability to be enslaved for life that stems from the first two statuses. These factors, I argue, determined who was the equivalent of white in seventeenth century Virginia.

I. Introduction

Elizabeth Key, an Afro-Anglo woman, was born around 1630 in the Virginia Colony. Twenty-five years later she sued for her freedom after the overseers of her late master’s estate classified her and her infant son as negroes (Africans or descendants of Africans) rather than as an indentured servant with a free-born child.  Unwilling to accept permanent servitude, Elizabeth sued for their freedom, and after protracted litigation she and her son were set free.

A few historians and legal scholars mention her case in passing as proof that by the mid seventeenth century people of African ancestry were held as slaves in Virginia.  Only feminist historian Kathleen Brown even mentions that Elizabeth’s lawsuit involved not only her freedom, but that of her son. To the rest of the historians she was simply a slave, her gender, son and mixed ancestry were irrelevant. None looked closely at the significance of her three interlinking legal arguments: (1) that she was a practicing Christian; (2) who was the daughter of a free Englishman; (3) who bound her out as an indentured servant for nine years which period had expired.

Arguably Elizabeth’s pleadings might be an early example of what Kenji Yoshino characterizes as “covering,” downplaying aspects of one’s identity. In crafting her legal argument around her father’s ancestry and subjecthood Elizabeth downplayed the African ancestry of her enslaved mother. Her argument also might be an example of “racial performance” where the extent one does things that English women and men did during the period becomes an important determinant of one’s legal status.  But as I explain in this article other cases decided during this period suggest otherwise…

Read the entire article here or here.

Mixed Race America and the Law: A Reader (Review)

Law and Politics Book Review
American Political Science Association
Volume 13,  Number 4 (April 2003)

Barbara L. Graham, Professor of Political Science,
University of Missouri, St. Louis

Mixed Race America and the Law: A Reader. By Kevin R. Johnson (Editor). (New York and London: New York University Press, 2003. 505 pages. Cloth ISBN: 0-8147-4256-4. Paper ISBN: 0-8147-4257-2)

In Mixed Race America and the Law: A Reader, Kevin R. Johnson has edited one of the most important and timely anthologies on the general topic of race mixture and the law. The anthology addresses a range of provocative issues concerning the mixed race experience and the law and its impact on mixed race peoples. For readers who are unfamiliar with the vast literature on the mixed race experience, I am confident that they will find this book’s interdisciplinary approach indispensable in its grappling with issues raised by multiracialism and the law. Johnson’s book, part of the Critical America Series published by New York University Press, takes critical race theory into another direction in its emphasis on mixed race scholarship.  As with many of the writings of critical race theorists, Johnson’s book has seriously challenged the conventional wisdom of the black-white paradigm. The writings persuasively demonstrate that America has always been a mixed race society, that the law has played a major role in shaping racial categories, classification schemes, intermarriage, immigration and trans-racial adoption issues to name a few. Race is addressed as a social construct and Johnson – as well as the other contributors – acknowledges how law has not kept up with the fluid racial boundaries in the American context. This book covers the diversity of the mixed race experience in America, including African American, Indian, Latina(o) and Asian populations. Johnson argues in the introduction that “racial mixture will undoubtedly shape the future study of race and civil rights in the United States. As minorities of many different types intermarry and rates of immigration of diverse peoples to this country remain high, more racial mixtures and mixed race peoples will emerge.”  The writings in the anthology take the reader on a journey in an effort to understand the complexities of racial mixture in the United States and abroad.

Johnson has carefully selected eighty-seven edited scholarly writings, primarily law review articles published in the 1990s and a few court cases.  The reader is divided into twelve parts in an attempt to examine the complexities of racial categories and what they mean for a mixed race society.  Part I addresses the history and slow demise of anti-miscegenation laws. The edited selections cover issues such as an historical overview of these laws, the history of racial identification and the regulation of interracial sex in colonial Virginia, and the relationship between lynchings and interracial relationships.  As expected, Johnson includes writings on an analysis of Loving v. Virginia (1967) and its impact.  Readers may be unfamiliar with an important precursor to Loving, Perez v. Sharp (1948), where the California Supreme Court held that the state anti-miscegenation law violated the Constitution.  Going beyond the white-black context, the other writings in Part I cover attempts to regulate intermarriage between Indians and whites and Asians and whites…

Read the entire review here.

White Enough to Be American? Race Mixing, Indigenous People, and the Boundaries of State and Nation (Review)

Law and Politics Book Review
American Political Science Association
Vol. 18 No.9 (2008-09-15)
pp. 788-791

Daniel Lipson, Professor of Political Science
State University of New York, New Paltz

White Enough to Be American? Race Mixing, Indigenous People, and the Boundaries of State and Nation. By Lauren L. Basson. (Chapel Hill, North Carolina: The University of North Carolina Press, 2008. 256 pages.)

At a moment in United States history when Barack Obama is inspiring millions in his presidential bid, the reality of mixed-race Americans is becoming increasingly salient in a nation long obsessed with dichotomous black and white racial categories. With the population of people of color in the United States accelerating at rates unmatched by any other country in the world, racial discourse in the US has gradually come to accommodate the full cast of official minorities, moving beyond the limited focus on blacks and whites. Yet the historical precedent in the United States has been to leave little space for mixed-raced Americans, instead preserving the racial order by forcing them into monoracial categories. As Lauren Basson explains in White Enough to Be American? Race Mixing, Indigenous People, and the Boundaries of State and Nation, the turn of the 20th century proved to be a highly dynamic period that left a major imprint on the distinctive American model of racial categorizations…

Read the entire review here.

Art Showcase Seeks to Study Racial Identity

Daily Nexus
University of California, Santa Barbara
2010-02-02
Issue 70, Volume 90

Julie Epstein, Staff Writer

The UCSB Women’s Center is currently hosting a multicultural art exhibit featuring work from students and professional artists.

The art on display ranges from paintings to photography, and even includes a work consisting of human hair on canvas. The show, entitled “Mixed Like Me,” will run until April 16. Third-year art major and show curator Lillian Edwards said the exhibit explores racial identity through an artistic lens.

“The theme of the show is to explore what it means to have a multiracial background,” Edwards said. “The goal is to bring an awareness and discussion about race through art.”

Read the entire article here.