Palma Joy Strand: The politics of Loving v. Virginia

Posted in Articles, Law, Media Archive, Politics/Public Policy, United States on 2017-03-26 01:35Z by Steven

Palma Joy Strand: The politics of Loving v. Virginia

Omaha World-Herald
Omaha, Nebraska
2017-03-16

Palma Joy Strand, Professor of Law
Creighton University, Omaha, Nebraska


Alex Brandon

The writer is a law professor and director of the 2040 Initiative at the Creighton University School of Law.

The year 2017 marks the golden anniversary of the landmark court decision Loving v. Virginia. Fifty years ago, the U.S. Supreme Court held that Richard Loving (who happened to be white) and Mildred Jeter (who happened to be black) had a constitutional right to marry.

The right to marry someone of a different race has put down roots. In his book “Racing to Justice,” the writer and social justice advocate john a. powell notes, “Nearly 15 percent, or one in seven, of all new marriages in 2008 were between people of different races or ethnicities.”

These interracial marriages create social ripples. Powell continues, “(M)ore than a third of all adults surveyed reported having a family member whose spouse is of a different race or ethnicity — up from less than a quarter in 2005.” We have moved beyond “Guess Who’s Coming to Dinner” to routinely having folks of more than one race around our Thanksgiving tables.

Along with mixed-race marriages and families, the proportion of the U.S. population with multiple racial heritages has grown dramatically. The Pew Research Center found in 2013 that the share of multiracial babies had risen from 1 percent in 1970 to 10 percent in 2013.

Loving marriages and Loving families and Loving children have transformed who we are as a nation. In the midst of continued racial separation, there are racial connections — connections that disrupt the same-old, same-old stories.

Yet the relevance of Richard and Mildred Loving and Loving v. Virginia today transcends both marriage and race…

Read the entire article here.

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The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Posted in Articles, Book/Video Reviews, History, Law, Media Archive, United States on 2017-03-25 22:36Z by Steven

The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Journal of the Early Republic
Volume 37, Number 1, Spring 2017
pages 183-185
DOI: 10.1353/jer.2017.0015

Terri L. Snyder, Professor of American Studies
California State University, Fullerton

The Fight for Interracial Marriage Rights in Antebellum Massachusetts. By Amber D. Moulton. (Cambridge, MA: Harvard University Press, 2015. Pp. 288. Cloth, $45.00.)

In this sharply focused study, Amber D. Moulton examines the battle to overturn the Massachusetts statute banning interracial marriage, originally enacted in 1705 and repealed in 1843, and offers a penetrating analysis of early arguments over the right to marry. Each chapter critically foregrounds existing studies of miscegenation law, and the epilogue usefully links the legal histories of interracial and same-sex marriage. Long before Loving v. Virginia (1967) or Obergefell v. Hodges (2015), some antebellum activists in Massachusetts argued that marriage was a constitutional right and an essential element of social and political equality. The claim of equal rights alone did not carry the day, however. As Moulton demonstrates, the most persuasive arguments against the law were rooted in appeals to moral reform rather than in demands for racial civil rights.

The Fight for Interracial Marriage Rights is a skillful blend of legal history and lived experience. In her first chapter, Moulton offers a history of the ban and analyzes its consequences for interracial families. Colonial Massachusetts, following the lead of the slave societies of the Caribbean and the Chesapeake, banned interracial marriage in 1705. The statute was expanded in scope and severity in 1786 and remained in place until 1843, when it was overturned. Despite the legal prohibition against interracial unions, women and men of different races continued to marry in Massachusetts. The legal ban was clear-cut in theory, but interracial couples pursued varying strategies in their marriage practices. Some couples gained the protection of legal marriage when they wed outside of Massachusetts and returned to the colony or state as husband and wife. If partners could not be legally married, they established informal unions and protected children through carefully delineated inheritance strategies. Others shunned the law altogether. However, once an informally married interracial couple came to the attention of the courts—particularly when they or their children petitioned for support—their union could be voided and their children declared illegitimate. Class was a clear factor: The poorest couples were more at risk for having their claims to wedlock invalidated. Moreover, the official ban on interracial marriages sometimes existed in opposition to local culture. At least some interracial couples who attained middling status appear to have been accepted in their neighborhoods.

Subsequent chapters investigate the range of advocates who fought against the ban on interracial marriage. In some of the more fascinating examples in her study, Moulton investigates and highlights the transmission of activist aims in African American families. In 1837, for instance, African American activists made the right to interracial marriage a plank on their antislavery platform; some of these activists were either spouses in or children born to interracial unions. The study is also strong in its analysis of gender. Regardless of race, women activists who opposed the ban were charged with indecency. Some opponents claimed that political petitioning in support of interracial marriage—and the racial mixing it implied—was anathema to white femininity. However, some women activists countered that interracial marriage protected women. Marriage, they argued, was a bulwark against licentiousness (which could lead to promiscuity and prostitution), provided the security of patriarchal family structure, and offered official legitimacy for children of these unions as well.

Rather than claims of equal rights, then, the most persuasive arguments in overturning interracial marriage prohibitions in Massachusetts were rooted in the values of traditional marriage and gender roles, patriarchal ideologies and feminine duty, and the importance of Christian morality. At the same time, unforeseen events, such as the Latimer case, which aroused indignation over southern demands that Boston’s officials hunt fugitive slaves, galvanized public opinion in favor of overturning the law. Ultimately, prohibiting interracial marriage was viewed as immoral, unconstitutional, and unjust, as well as a uniquely southern encroachment on individual freedom from which northerners wanted to distance themselves. Despite its innovation, however, Massachusetts did not become a model for the nation: Twenty years after that state legalized interracial marriage, over…

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Dr. Sandra Soo-Jin Lee: Toward a More Precise Genetics

Posted in Articles, Health/Medicine/Genetics, Interviews, Media Archive on 2017-03-25 20:30Z by Steven

Dr. Sandra Soo-Jin Lee: Toward a More Precise Genetics

Guernica / a magazine of global arts & politics
2017-02-27

Lynette Chiu
Brooklyn, New York

The medical anthropologist on the imperative to move beyond race in genetic research and the explanatory power of life experience and inequality.

For decades, the idea that excavating the genetic origins of disease could transform treatment of the body has lived in the sea of public imagination, buoyant but as yet unrealized. The Human Genome Project, a landmark initiative undertaken between 1990 and 2003, identified and analyzed all the genes found in humans, and sowed the potential for new understanding of major illnesses. It engendered hope of a future in which genetic makeup could be the primary factor in determining a person’s care. Researchers could make endless shapes out of a sandbox of data that was blind to race—that problematic and omnipresent variable in the biomedical sphere.

But it is not a simple thing to scrub race from human tissue samples or from the minds of the experts seeking answers, and it remains stubbornly inextricable from genetic research. Investigating the history, intricacies, and implications of this is Dr. Sandra Soo-Jin Lee, a medical anthropologist and senior research scholar at the Center for Biomedical Ethics at Stanford University, who has been studying the role of race in genomic science since the late 1990s. One of her principal interests is biobanks—the various repositories of samples that scientists turn to to test their hypotheses. She identifies them as chronicles of society’s evolving efforts to distinguish between groups; the sorting and labeling of their contents are a collision of the biological and the sociopolitical. The result is the physical matter of thousands upon thousands of individuals demarcated by an inconsistent jumble of terms such as “nationality,” “ethnicity,” and “skin color.”.

In her 2015 paper “The Biobank as Political Artifact: The Struggle Over Race in Categorizing Genetic Difference,” published in The Annals of the American Academy of Political and Social Science, Dr. Lee is forthright about the dangers of genetic studies built around samples identified by race. “The unqualified racial labeling of DNA that strips genes of the social context and experience of those who have donated these materials,” she writes, “allows for a pendulum shift in scientific discourse that racializes genes.” Race can end up standing in for factors, such as diet and environment, that go unaccounted for in gene-focused studies. The subsequent findings can then trickle down to affect how we explain differences in disease burden, create health policy, and progress toward eliminating health disparities between populations. With the term “precision medicine” on the rise, referring to a care model that translates insights around genetic variation into clinical practice, the need to inspect and augment how those insights come about has grown more urgent…

Read the entire article here.

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How U.S. Law Inspired the Nazis

Posted in Articles, Europe, History, Interviews, Law, Media Archive, United States on 2017-03-25 20:13Z by Steven

How U.S. Law Inspired the Nazis

The Chronicle Review
The Chronicle of Higher Education
2017-03-19

Marc Parry, Senior Reporter


Asian immigrants in the late 1920s await processing in an internment center in San Francisco. AP Images

It started with Mein Kampf. James Q. Whitman, a specialist in comparative law at Yale University, was researching a legal-history question when he pulled Adolf Hitler’s mid-1920s manifesto from the shelf. What jumped out at Whitman was the admiration that Hitler expressed for the United States, a nation that the future Führer lauded as “the one state” that had made progress toward establishing a healthy racial order. Digging deeper, Whitman discovered a neglected story about how the Nazis took inspiration from U.S. racial policies during the making of Germany’s Nuremberg Laws, the anti-Jewish legislation enacted in 1935. That history is the focus of Whitman’s new book, Hitler’s American Model (Princeton University Press). The interview that follows has been edited and condensed…

You also write that some Nazis felt that the American legal example went too far. The Nazis were very interested in the way Americans classified members of the different races, defining who counted as black or Asian or whatever it might be. And there, in particular, the most far-reaching Nazi definition of who counted as a Jew was less than what you found in almost any American state. The most far-reaching Nazi definition, which dates to 1933, held that a Jew was anybody who had one Jewish grandparent. There were a few American states that made the same provision with regard to blacks. But most of them went much further than that. At the extreme, American states had what’s called the one-drop rule. That is, one drop of black blood makes you black…

Read the entire interview here.

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Rachel Dolezal struggling after racial-identity scandal in Spokane

Posted in Articles, Media Archive, Passing, United States on 2017-03-25 15:41Z by Steven

Rachel Dolezal struggling after racial-identity scandal in Spokane

The Seattle Times
2017-03-24

Nicholas K. Geranios
The Associated Press


In this March 20, 2017 photo, Rachel Dolezal poses for a photo with her son, Langston in the bureau of the Associated Press in Spokane, Wash. Dolezal, who has legally changed her name to Nkechi Amare Diallo, rose to prominence as a black civil rights leader, but then lost her job when her parents exposed her as being white and is now struggling to make a living. (AP Photo/Nicholas K. Geranios)

“I was presented as a con and a fraud and a liar,” says Rachel Dolezal, who has been unable to find steady work since she was outed as a white woman in media reports. Dolezal had rose to prominence as a black civil-rights leader in Spokane.

SPOKANE — A woman who rose to prominence as a black civil-rights leader then lost her job when her parents exposed her as white is struggling to make a living these days.

Rachel Dolezal said she has been unable to find steady work in the nearly two years since she was outed as a white woman in media reports, and she is uncertain about her future.

“I was presented as a con and a fraud and a liar,” Dolezal, 40, told The Associated Press this week. “I think some of the treatment was pretty cruel.”

She still identifies as black, and looks black, despite being “Caucasian biologically.”

“People didn’t seem able to consider that maybe both were true,” she said. “OK, I was born to white parents, but maybe I had an authentic black identity.”…

…Dolezal has written a book about her ordeal titled “In Full Color.” It’s scheduled to be published next week.

Last year, Dolezal legally changed her name to Nkechi Amare Diallo, a West African moniker that means “gift from the gods.” She made the change in part to give herself a better chance of landing work from employers who might not be interested in hiring Rachel Dolezal, a name she still intends to use as her public persona…

Read the entire article here.

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Acknowledging bi-racial women as black is not a threat to other black women

Posted in Anthropology, Articles, Media Archive, United States on 2017-03-25 01:42Z by Steven

Acknowledging bi-racial women as black is not a threat to other black women

Afropunk
2017-03-23

Erin White, Contributor
Atlanta, Georgia

There’s nothing wrong with wanting to marry a black-ass person and have black-ass kids. But pretending that this is the only way to lead an “authentically” black life and have “authentically” black children is a problematic mess.

When we (the black community) talk about light skin privilege, many people want to simplify the conversation about colorism to “we’re all black”, “the police see you as black.” Isn’t this argument more true for non-white passing mixed blacks? When a person’s background and experiences in society are shaped by their blackness, why wouldn’t they “belong” to the black community?…

Read the entire article here.

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Why the Nazis Loved America

Posted in Articles, Europe, History, Law, Media Archive, United States on 2017-03-25 01:14Z by Steven

Why the Nazis Loved America

TIME
2017-03-21

James Whitman, Ford Foundation Professor of Comparative and Foreign Law
Yale Law School


American Nazis parade on East 86th St. in New York City around 1939. Universal History Archive/UIG/Getty Images

Whitman is the author most recently of Hitler’s American Model.

To say America today is verging on Nazism feels like scaremongering. Yes, white nationalism lives in the White House. Yes, President Donald Trump leans authoritarian. Yes, the alt-right says many ugly things. But for all the economic pains of many Americans, there is no Great Depression gnawing away at democracy’s foundations. No paramilitary force is killing people in the streets. Fascism and Nazism have not arrived in the United States.

But there is a different and instructive story to be told about America and the Nazis that raises unsettling questions about what is going on today — and what Nazism means to the U.S.

When we picture a modern American Nazi, we imagine a fanatic who has imported an alien belief system from a far-away place. We also, not wrongly, picture captives in concentration camps and American soldiers fighting the Good War. But the past is more tangled than that. Nazism was a movement drawn in some ways on the American model — a prodigal son of the land of liberty and equality, without the remorse…

Read the entire article here.

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Denying your light skin privilege is harmful to the Black community as a whole

Posted in Articles, Media Archive, United States on 2017-03-25 01:02Z by Steven

Denying your light skin privilege is harmful to the Black community as a whole

Afropunk
2017-03-22

Erin White, Contributor
Atlanta, Georgia


Photo: PeopleImages / Getty

“Stop dividing us!” “We’re all black at the end of the day.” “There is no #TeamLightSkin/#TeamDarkSkin!”

Let’s cut the crap—nothing is as simple as “We’re all ______.” It’s nice to be reminded that we’re all in this together, human solidarity and back solidarity are beautiful things. They’re just not the only things. And when we don’t acknowledge the realities of the bad stuff, we let them fester and we leave others, the people we claim to be in solidarity with, more vulnerable.

People of color can never fully separate themselves from their race and what it signifies to ‘others’, of course, but let’s not pretend that light skin blacks do not receive privileges that are at the expense of dark skin blacks. Every hip-hop reference, every magazine cover, the ease of crossover success for the ambiguously brown while darker skinned folks (especially women) somehow seem largely underrepresented, and subsequently under-valued.

Society at large places a very high value on the perceived proximity to whiteness…

Read the entire article here.

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Race and Civil Rights Dramas in Hollywood

Posted in Articles, Communications/Media Studies, Media Archive, United States on 2017-03-24 19:53Z by Steven

Race and Civil Rights Dramas in Hollywood

Black Perspectives
2017-03-24

Justin Gomer, Assistant Professor of American Studies
California State University, Long Beach


Katharine Houghton and Sidney Poitier in “Guess Who’s Coming to Dinner.” Photo: Columbia Pictures.

This year marks the fiftieth anniversary of Stanley Kramer’s Guess Who’s Coming to Dinner, starring the iconic Sidney Poitier. During the 1960s, when the film was released, Hollywood produced few movies about the political activism that comprised the civil rights movement. Instead, the movie industry turned to Sidney Poitier to offer representations of black middle-class respectability and colorblind racial discourse in hopes of changing the hearts and minds of whites across the country. Yet, Hollywood’s most celebrated civil rights drama debuted three years after the Civil Rights Act of 1964 and two years after the Voting Rights Act of 1965, amid a very different political climate. The film’s premiere in December 1967 was fourteen months after Huey Newton and Bobby Seale founded the Black Panther Party for Self Defense, and nearly eighteen months after Stokely Carmichael, director of the Student Nonviolent Coordinating Committee, began making calls for “Black Power.” James Baldwin, writing in July 1968, noted the contradiction between Hollywood’s images of black respectability vis-à-vis Poitier’s roles and the desires of the burgeoning Black Power movement, “white Americans appear to be under the compulsion to dream, whereas black Americans are under the compulsion to awaken.”

The 2016 Hollywood year wrapped up a few Sundays ago with the Academy Awards. While the record six black actor nominations and the Best Picture Oscar for the black queer film Moonlight is reason to celebrate, Baldwin’s assessment of the movie industry endures. Indexing Hollywood’s “diversity problem” strictly to volume fails to fully comprehend the movie industry’s problematic relationship with black lives broadly, and with black history explicitly…

Read the entire article here.

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Hybridity and Miscegenation

Posted in Books, Chapter, Literary/Artistic Criticism, Media Archive, United States on 2017-03-24 19:12Z by Steven

Hybridity and Miscegenation

Chapter in The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies
Online ISBN: 9781118663219
Published Online: 2016-04-21
2 pages
DOI: 10.1002/9781118663219.wbegss321

Leigh H. Edwards, Associate Professor of English
Florida State University

Hybridity and miscegenation refer to race mixing. Both terms came into popular usage during the nineteenth century in the United States in the context of race slavery and scientific racism. Since the 1980s, hybridity has been used more broadly in postcolonial theory to refer to cultural mixture that can critique colonization.

Read or purchase the chapter here.

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