Mixed Race Studies

Tanya Katerí Hernández’s “Multiracials and Civil Rights”

The Page 99 Test
2018-08-08

Marshal Zeringue

Tanya Katerí Hernández is the Archibald R. Murray Professor of Law at Fordham University School of Law, where she co-directs the Center on Race, Law & Justice as its Head of Global and Comparative Law Programs and Initiatives.

She applied the “Page 99 Test” to her new book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, and reported the following:

The Page 99 Test is like some numerical sorcery from a Jorge Luis Borges story, mythical and unfathomable yet accurate all at the same time. On page 99 of Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, I describe how the U.S. government refused to add a “multiracial” category to its list of racial categories on the decennial census form in 1997, and instead started permitting respondents to select as many racial categories apply to their racial identity. The page then notes that the most zealous of multiracial category proponents were not satisfied by this government method of enumerating the population of racially mixed residents “because multiple box checking does not directly promote a distinct multiracial identity.” Page 99’s insight into the entire book though is revealed in the assessment that the significance of the census racial category debate:

extends beyond the actual decision of how mixed-race persons should be counted. What is most salient is how the struggles over the census racial categories have fostered a discourse of exalting personal racial identity and characterizing any incursions on expressions of personal identity as a civil rights issue in of itself absent any mixed-race specific material inequality.

Read the entire article here.

Tanya Katerí Hernández

Writers Read
2018-08-09

Marshal Zeringue

Tanya Katerí Hernández is the Archibald R. Murray Professor of Law at Fordham University School of Law, where she co-directs the Center on Race, Law & Justice as its Head of Global and Comparative Law Programs and Initiatives.

Her new book is Multiracials and Civil Rights: Mixed-Race Stories of Discrimination.

Recently I asked Hernández about what she was reading. Her reply:

I have been re-reading Trevor Noah’s memoir Born a Crime: Stories from a South African Childhood, in anticipation of the film version that Lupita Nyongo is slated to star in portraying Noah’s mother. The book has a special resonance for me as a comparative-race law scholar whose personal background as a black-identified mixed-race Afro-Latina traveling the globe informs her insights about the (in)significance of the growth of racial mixture to the pursuit of racial equality whether it be in the US, South Africa, or Latin America. Noah’s story of being mixed-race during and after apartheid ended in South Africa is both a poignant and humorous read (as you would expect from the host of Comedy Central’s The Daily Show)…

Read the entire interview here.

Multiracials and Civil Rights: Mixed-Race Stories of Discrimination

New York University Press
2018-08-03
224 pages
Cloth ISBN: 9781479830329

Tanya Katerí Hernández, Archibald R. Murray Professor of Law
Fordham University School of Law, New York, New York

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race.

In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law.

Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Do We Still Need Constitutional “Equal Protection” in a Growing Multiracial World?

Medium
2018-07-09

Tanya Hernández, Archibald R. Murray Professor of Law; Associate Director Center on Race, Law & Justice
Fordham University School of Law

Tanya Hernández is the author of the forthcoming book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination from New York University Press.

Reflections on the the 150th Anniversary of the 14th Amendment

July 9th, marks the 150th anniversary of the ratification of the 14th Amendment’s equality principle of the U.S. Constitution. Does the pursuit of racial equality look different 150 years after the ratification of the 14th Amendment’s equality principle in today’s growing multiracial world? In 2010, 9 million people constituting 2.9 percent of the population selected two or more races on the census. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet, in my own exhaustive review of discrimination cases in a variety of contexts like the workplace, educational settings, housing rentals, access to public accommodations, jury service, and the criminal justices system, the cases demonstrate that racially-mixed persons continue to experience discrimination today…

Read the entire article here.

Frederick Douglass: a multi-racial trailblazer

The Baltimore Sun
2018-02-08

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Gregory Morton purchased Frederick Douglass’ home in Fells Point and makes it available to rent on Airbnb. (Barbara Haddock Taylor / Baltimore Sun)

Last year President Trump made statements that left the impression he believed that abolitionist Frederick Douglass was still alive. In some respects, he still is. This month marks the 200th anniversary of Frederick Douglass’ birth, and his racial justice work continues to be relevant today. In fact, after President Trump was informed that Douglass died in 1895, the president signed into law the Frederick Douglass Bicentennial Commission Act to organize events to honor the bicentennial anniversary of Douglass’s birth.

While slave records mark Douglass’ birth month as February — he was born in a plantation on the shores of the Chesapeake Bay in Talbot County — his status as a slave meant he had no information about the exact day he was born. As an adult he chose Feb. 14th for himself as a birth date. He was also never told who his father was, but circumstances lead him to conclude that it was his white slave owner.

Despite his mixed-race heritage and likely connection to his owner, Douglass was separated from his mother at an early age and exposed to physical abuse from his owners…

Read the entire article here.

What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

New York Law Journal
2017-11-03

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Tanya Katerí Hernández writes: The presence of fluid mixed-race racial identities within allegations of employment discrimination leads some legal commentators to conclude that civil rights laws are in urgent need of reform.

With the growth of a mixed-race population in the United States that identifies itself as “multiracial,” legal commentators have begun to raise concerns about how employment discrimination law responds to the claims of multiracial plaintiffs. The U.S. Census Bureau began permitting respondents to simultaneously select multiple racial categories to designate their multiracial backgrounds with the 2000 Census. With the release of data for both the 2000 and 2010 census years much media attention has followed the fact that first 2.4 percent then 2.9 percent of the population selected two or more races. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet mixed-race peoples are not new. Demographer Ann Morning notes that their early presence in North America was noted in colonial records as early as the 1630s…

Read the entire article here.

Tanya Hernández Appears on Howard Jordan Radio Show

Fordham Law News: From New York City To You
2017-06-12

Tanya K. Hernández

Professor Tanya Hernández appeared on the Howard Jordan radio show where she discusses the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage.

“…Pew research center report that came out in May 18th … one data point in particular pointed out was that since this 1967 decision that intermarriage rates amongst newlyweds had increased five times…and the driving force behind the increase [five times]are Latinos…Latinos marrying whites, it represents 42% of intermarriage in United States…The data point doesn’t tell us about what kind of Latinos?…We have racial identity as well… To tell me Latinos are marrying whites does’t tell me anything about racial progress…”

One possible antidote to the misappropriation of multiracial identity is for Loving Day celebrations to focus upon what was the ultimate civil rights objective of the Loving v. Virginia decision – the impermissible pursuit of what the Supreme Court there termed “White Supremacy.” This is because interracial bans only prohibited interracial marriage involving white persons. Fifty years later, after the Loving v. Virginia decision, interracial marriage bans no longer exist, but White Supremacist violence and rhetoric still flourish. Whether or not Loving Day ever becomes an official federal holiday, it is to be hoped that its celebrations will specifically commemorate the decision’s fundamental civil rights concern with racial hierarchy.

Tanya K. Hernández, “What the“Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy,” The Huffington Post, June 11, 2017. http://www.huffingtonpost.com/entry/593b4961e4b094fa859f1878.

Interracial marriage and Latino/a racial identity changing USA demographics

LatinasInBusiness.us
2017-06-06

Tanya K. Hernández, Guest Contributor and Professor of Law
Fordham University School of Law

A Pew Research Center report states that the largest amount of interracial marriage between opposite sex couples is that between what it terms “Whites and Hispanics.” Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%.

The Pew Research Center released a report announcing the dramatic increase of intermarriage in the United States. Looking at data since the United States Supreme Court struck down interracial marriage bans with its 1967 Loving v. Virginia decision, Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%. Examined in isolation the data point that one in six U.S. newlyweds are now married to someone of a different race, appears quite astounding. However the role of Latino/a racial identity is a missing piece of the picture that serves to question the real rate of intermarriage.

The largest driving factor in the apparent increase in U.S. intermarriage rates is the pattern of intermarriage between Latinos/as and White Anglos. Pew reports that the largest amount of intermarriage between opposite sex couples is that between what it terms “Whites and Hispanics.” The White/Hispanic combination represents 42% of intermarriage, while in comparison the White/Asian combination represents only 15%, the White/Black combination 11% , the Hispanic/Black combination 5%, and the Hispanic/Asian combination 3%. Notably, the Pew report neglects to discuss the role of “Hispanic” racial appearance and identity…

Read the entire article here.

What the “Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy

The Huffington Post
2017-06-11

Tanya K. Hernández, Professor of Law
Fordham University School of Law

Monday, June 12, 2017 marks the 50th anniversary of the Loving v. Virginia, the Supreme Court decision which invalidated interracial marriage bans in the United States. Recently, the Pew Research Center reported that since the 1967 Loving decision the rate of intermarriage has increased more than five fold, from 3% of newlyweds who were intermarried to 17% in 2015. In recognition of this increase, “Loving Day” annual events celebrate the court decision. Primarily organized by multiracial persons as social events, communities across the nation gather on Loving Day to celebrate the existence of multiracial families. The celebrations are part of a larger campaign to have the federal government create an official Loving Day federal holiday.

No other Supreme Court case, let alone a civil rights case, has its own designated federal holiday. However entire multiracial community websites are dedicated to lobbying the government for a Loving Day holiday. This is because much more is at stake for these activists than commemorating a legal case. Validating mixed-race families and in particular multiracial persons, is the fundamental aim of the Loving Day federal holiday campaign. However, the rhetoric of mixed-race racial distinctiveness used by the campaign has begun to be drawn into judicial questioning of racial integration policies in ways that counter Loving Day celebrations of diversity…

Read the entire article here.