Mixed Race Studies

Mixed race vote key to Cape Town in S. Africa polls

The Citizen
2011-05-16

Justine Gerardy

Fruit seller Amien Cox will put his hopes on a white woman in South Africa’s local polls on Wednesday, 17 years after the fall of the racist apartheid regime that denied an all-race vote.

CAPE TOWN – Fruit seller Amien Cox will put his hopes on a white woman in South Africa’s local polls on Wednesday, 17 years after the fall of the racist apartheid regime that denied an all-race vote.

“No other option: DA,” said the mixed race supporter of the Democratic Alliance over the ruling African National Congress (ANC) that led South Africa into democracy.

“I’ll never vote any ANC, never. I’ll never vote for a black man, never,” said Cox, 72. “They don’t worry for us.”

Politicians have scrambled to woo mixed race voters, known locally as coloureds, who are the majority in Cape Town, South Africa’s only major city not in ruling party hands.

The battle is a two-party race between President Jacob Zuma’s ANC, which lost the city five years ago, and the DA led by Helen Zille, who is the first female leader of the party.

The coloured group is tipped to back the DA—years after many cast their first votes in 1994 for apartheid’s white minority nationalists that oppressed them but ranked them higher than blacks…

…Coloureds who have African, European, East Asian and South Indian roots had more privileges than the darker-skinned black majority in apartheid’s strict hierarchy designed to keep South Africa’s people apart and protect white power.

The divisions cut across separate housing, education and even language with Dutch settler-derived Afrikaans spoken instead of local African languages.

And while power has shifted, many still feel sidelined…

Read the entire article here.

Mildred Loving

The Economist
2008-05-15

Mildred Loving, law-changer, died on May 2nd, aged 68

The loved each other. That must have been why they decided to get their marriage certificate framed and to hang it up in the bedroom of their house. There was little else in the bedroom, save the bed. Certainly nothing worth locking the front door for on a warm July night in 1958 in Central Point, Virginia. No one came this way, ten miles off the Richmond Turnpike into the dipping hills and the small, poor, scattered farmhouses, unless they had to. But Mildred Loving was suddenly woken to the crash of a door and a torch levelled in her eyes.

All the law enforcement of Caroline county stood round the bed: Sheriff Garnett Brooks, his deputy and the jailer, with guns at their belts. They might have caught them in the act. But as it was, the Lovings were asleep. All the men saw was her black head on the pillow, next to his.

She didn’t even think of it as a Negro head, especially. Her hair could easily set straight or wavy. That was because she had Indian blood, Cherokee from her father and Rappahannock from her mother, as well as black. All colours of people lived in Central Point, blacks with milky skin and whites with tight brown curls, who all passed the same days feeding chickens or smelling tobacco leaves drying, and who all had to use different counters from pure whites when they ate lunch in Bowling Green. They got along. If there was any race Mrs Loving considered herself, it was Indian, like Princess Pocahontas. And Pocahontas had married a white man…

Read the entire article here.

Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation

Wisconsin Law Review
Volume 2007, Number 2 (2007-01-12)
pages 410-461

Carla D. Pratt, Associate Dean for Academic Affairs and Educational Equity; Nancy J. LaMont Faculty Scholar and Professor of Law
Pennsylvania State University

I. Introduction

When the United States Supreme Court struck down Virginia’s miscegenation statute forty years ago, everyone understood that the Court was eroding the formal barrier between blacks and whites. Although there has been healthy disagreement about Loving v. Virginia, including whether it provides the precedent for legal endorsement of same-sex marriage, scholars generally agree that the Virginia statute which Loving struck down was not a law proscribing miscegenation generally, but merely prohibiting miscegenation with a white person. Commentators have generally recognized the Virginia legislators’ choice to structure the law in this way as being aimed at preserving white racial purity and ensuring that white women were reserved exclusively for white men. Ostensibly the law was insouciant regarding the intimate relations of people of color, but a closer look betrays its impact on interracial relations between people of color.

Further, state miscegenation laws that ultimately permitted whites to marry Indians aided the assimilation of Indians into mainstream white America by operating as a form of racial rehabilitation. Indian assimilation, however, required more than Indians intermarrying with whites; it required the total indoctrination of Indians into the system of white supremacy. This meant that Indians needed to adopt white sexual mores, including the aversion to race-mixing with blacks.

This Article calls this process—which operated as the pathway to Indian acceptance in American society and privileged Indians over blacks—“sexual assimilation.” While sexual assimilation was aimed at cultural genocide from the federal perspective, it paradoxically played a role in preventing Indian cultural extinction by helping to maintain tribal sovereignty.

Scholars have generally characterized Loving as a case about the line separating whites from blacks. Within the subtext of Loving, however, lies a narrative about the line separating Indians from blacks. Virginia’s miscegenation law employed a eugenics-based racial classification to legally construct Mildred Loving as “Negro,” but her true racial identity contained a Cherokee Indian component. Mildred was herself a product of race mixing. Furthermore, while Mildred’s mixed racial identity may lead one to believe that—as some scholars have suggested—Indians intermarried with blacks freely and frequently, the miscegenation laws of several tribes impart a counternarrative that portrays some Indian communities as viewing marriage to blacks as taboo.

Despite all of the discussion about miscegenation laws that Loving has generated, there has been little discussion about the American Indian Nations’s enactment of miscegenation laws. Perhaps this paucity of literature is due to the fact that Loving had no precedential effect in tribal miscegenation law since tribes are sovereigns that are, in many respects, independent of federal regulation. Nonetheless, an examination of Loving is incomplete without an examination of the role that state miscegenation laws played in Indian communities in the scheme to maintain the boundaries of racial categories and the struggle to maintain tribal sovereignty. An examination of tribal miscegenation law yields a better understanding of how state miscegenation laws affected nonblack people of color such as Native Americans, who were often political casualties of state and federal laws designed with a black-white paradigm in mind. In fact, Native Americans found themselves wedged in the middle of the black-white models of racial subordination and ultimately adjusted to the existing racial hierarchy through social and legal assimilation.

The fact that several Indian tribes adopted miscegenation laws similar to the law struck down in Loving raises important questions. Why did these particular tribes adopt miscegenation laws? What role did the adoption of miscegenation laws play in the tribe and its interaction with state and federal governments? What role did tribal miscegenation laws play in the acculturation of Indians, and what legacy have these laws left for the tribes’ contemporary understanding of self?

This Article examines tribal miscegenation laws in an effort to locate some potential answers to these questions. This Article is not proffered as a definitive answer to the questions posed, but as a contribution to the emerging dialogue aimed at developing a collective understanding of the social, historical, and political context in which such laws arose and operated. This Article deviates from the traditional binary paradigm of exploring how miscegenation laws affected blacks and whites and explores how miscegenation laws affected nonblack people of color and their relations with blacks. Thus, it reveals that the statute at issue in Loving and similar race-preserving laws indirectly regulated interracial relations between certain nonwhite groups.

Part II of this Article explores the substance of tribal miscegenation laws—and their legal and political context—in an effort to better understand why tribes adopted such racially isolating laws. Part III examines how state miscegenation laws affected Native Americans as well as the role of tribal miscegenation laws in maintaining individual and communal Indian identity and tribal sovereignty. Part IV questions whether tribal miscegenation laws, despite their repeal, help explain contemporary tribal conflicts between blacks and Indians. Part V concludes that extant legal disputes between the tribes and African Americans who claim membership in those tribes are derivatives of the project of sexual assimilation of Indian people. This suggests that both the tribes and African Americans who claim a Native American identity could benefit from a better understanding of the historical sociolegal context in which contemporary notions of Indian identity are rooted…

Read the entire article here.