Mixed Race Studies

‘Aryan’ and ‘Octoroon’: Couples challenge racial labels to get married in Virginia

The Washington Post
2019-09-06

Rachel Weiner

Brandyn Churchill and Sophie Rogers are challenging a Virginia requrement to list race when applying for a marriage license. (Christophe Genty/Christophe Genty Photography)

When they applied for a marriage license in Rockbridge County, Va., Brandyn Churchill and Sophie Rogers were told they could not have one unless they each chose a race, from a list that included “Aryan” and “Octoroon.”

The Supreme Court struck down Virginia’s ban on interracial marriage over half a century ago. Yet the mechanism by which that prohibition was enforced remains on the books: a requirement that all would-be newlyweds identify by race. To fill out the form falsely is a felony.

So, weeks away from their planned Oct. 19 wedding at a barn in Fincastle, Va., the couple is challenging the law in Virginia federal court. Joined by two other engaged couples, they argue the law is a racist holdover that has no place in modern marriage.

The suit is part of both efforts to scrape away vestiges of segregation in Virginia and to move away from institutional categorization in both race and gender. The plaintiffs say people should be free in their personal lives to identify by race but shouldn’t be forced to, under the First, 13th and 14th amendments. But the lawsuit raises a more challenging question: Can the government address discrimination without labels created from it?…

…Kevin Maillard, a law professor at Syracuse University who has studied interracial marriage, said that while researchers might use the data, “I don’t know what the compelling reason that the state would have in retaining tracking of those categories would be.”

But he was skeptical of an effort to move away from race altogether.

“I think with the deep history of racial strife we have in the United States, these categories are going to remain incredibly important,” Maillard said. “My mother is racially mixed, but she considers herself a black person.”

Civil rights groups rely on government data to investigate inequality in schools and the criminal justice system and challenge voting restrictions.

“We need data on who people are to see if there are patterns,” said Myrna Pérez of the Brennan Center for Justice…

Read the entire article here.

Erased Onscreen: Where Are All the Interracial Couples?

The New York Times
2017-03-03

Kevin Noble Maillard, Professor of Law
Syracuse University

Daniel Kaluuya and Allison Williams in Jordan Peele’s “Get Out.” Credit Justin Lubin/Universal Pictures

The recent drama “Loving” is about an interracial marriage and takes place in midcentury rural Virginia, but there are no burning crosses, white hoods or Woolworth counters. Richard Loving and Mildred Jeter, a white man and a black Native American woman kiss in public at a drag race, and no one voices disapproval. A few white spectators stare and scowl. But the couple embrace and laugh, unsullied.

“Segregation wasn’t a clean divide in these communities,” the drama’s writer-director, Jeff Nichols, told me, and for “Loving” it’s true: The film, about the 1967 Supreme Court case striking down laws banning interracial marriage, addresses the long ignored and deliberately suppressed topic of mixed race in America. It confounds our impressions of the past, the legacies of slavery, and the reality of Jim Crow.

Fifty years have passed since “Guess Who’s Coming to Dinner,” and this is still an issue. Mixed-race couples existed here long before 1967, but the Lovings (played by Joel Edgerton and Ruth Negga) were among the first to demand official recognition through marriage. According to the codes of popular culture and the law of domestic relations, families like theirs did not exist. Sustaining the legitimacy of racial boundaries requires suppression of these narratives. Without policing and erasing by law and popular culture, taboos lose their authority…

Read the entire article here.

How Fluid Is Racial Identity?

Room for Debate
The New York Times
2015-06-17

Heidi W. Durrow, Novelist

Amanda Kay Erekson, President
MAVIN

Angela Onwuachi-Willig, Charles M. and Marion J. Kierscht Professor of Law
University of Iowa

Nancy Leong, Associate Professor of Law
University of Denver

Mark Hugo Lopez, Director of Hispanic Research
Pew Research Center

Kevin Noble Maillard, Professor of Law
Syracuse University

It’s been a busy month for exploring boundaries of identity. Should Emma Stone play an Asian character in the movie “Hawaii?” Is Caitlyn Jenner a “real” woman? Did Rachel Dolezal commit racial fraud? The chatter accompanying these examples underscores a fundamental suspicion of personal ambiguity.

Meanwhile, multiracial couplings and births are at an all time high. People may view themselves as multiracial, monoracial or they change their identity over time. How fluid is racial identity, and where will we be in 50 years?

Read the discussion here.

Biracial Cool: Bill de Blasio’s Fresh Electoral Asset

The Atlantic
2013-11-06

Kevin Noble Maillard, Professor of Law
Syracuse University

The New York mayor-elect’s family—both fascinatingly ordinary and shockingly modern—proved to be one his greatest strengths.

“I’m Bill de Blasio, and I’m not a boring white guy.”

How’s that for a political opener? This is how the New York mayor-elect describes himself. At an August fundraiser for the Young Progressives for de Blasio, his daughter Chiara introduced him to the crowd, making an appeal for a new kind of inclusive city politics. Flanked by her entire family, she remarked, “If we’re gonna bring new ideas to the table and create a world, a society … where everyone has a chance, we need to start listening to everybody’s ideas.”

What are these bold and inventive ideas of the new mayor? Some of them follow a traditional Democratic nesting doll scheme: good government followed by more jobs succeeded by affordable housing topped off by better schools. Add in reason, compassion, equality, and whoomp! There it is—a consummate progressive platform. But the de Blasio campaign offered another idea that most campaigns can’t: the racially integrated family.

Like it or not, it works.

De Blasio is white. His wife, Chirlane McCray, is black. Their two children, Dante and Chiara, are biracial. Their campaign literature relentlessly spotlighted the effortless interracial cool of Brooklyn bohemia—that wonderful, eucalyptus-scented world of woody brownstones, aromatic teas, and gloriously integrated Cheerios breakfasts. His website features his family and marriage first, ahead of “Issues.” At his rallies, his wife and children are the feature rather than the curtain call. His mailings ask recipients to “Meet the BROOKLYN FAMILY who’s fighting to change New York.” They picture the smiling family, drinking orange juice and playing Trivial Pursuit…

Read the entire article here.

Is Interracial Marriage Still Scandalous?

Room For Debate
The New York Times
2013-06-13

Kevin Noble Maillard, Professor of Law
Syracuse University

Gary B. Nash, Professor Emeritus of History
University of California, Los Angeles

Heidi W. Durrow, Author and Co-Founder
Mixed Roots Film and Literary Festival

Diane Farr, Actress and Writer

Rose Cuison Villazor, Professor of Law
University of California, Davis

This month marks almost 50 years since the Supreme Court case of Loving v. Virginia, which made interracial marriage legal nationwide. Marriages between people of different races have climbed since, to a high of 8.4 percent in 2010.

Does this mean that we have achieved a colorblind society, or just that the hate has moved to YouTube? In an age when white people are becoming a minority, is interracial marriage still scandalous?

Kevin Noble Maillard, a professor of law at Syracuse University, suggested this discussion.

Read the entire discussion here.

The year 1967 becomes the temporal landmark for the beginning of an interracial nation. That year, the United States Supreme Court ruled state antimiscegenation laws unconstitutional in Loving v. Virginia. In addition to outlawing interracial marriage, these restrictive laws had created a presumption of illegitimacy for historical claims of racial intermixture. Not all states had antimiscegenation laws, but the sting of restriction extended to other states to forge a collective forgetting of mixed race. Defenders of racial purity could depend on these laws to render interracial relationships illegitimate. Looking back to Loving as the official birth of Multiracial America reinforces the prevailing memory of racial separatism while further underscoring the illegitimacy of miscegenations past. By establishing racial freedom in marriage, Loving also sets a misleading context for the history of mixed race in America. Even though Loving instigates the open acceptance of interracialism, it unintentionally creates a collective memory that mixed race people and relationships did not exist before 1967…

Kevin Noble Maillard, “The Multiracial Epiphany of Loving.” Fordham Law Review. May 2008, Volume 76, Number 6 pages 2709-2733. http://fordhamlawreview.org/wp-content/uploads/assets/pdfs/Vol_76/Maillard_Vol_76_May.pdf.

Playing the Interracial Card

The New York Times
2012-07-12

Kevin Noble Maillard, Associate Professor of Law
Syracuse University

“The Miscegenation Ball” Source: Smithsonian Museum of American History (1864) Color print of a dance occuring at the Lincoln Central Campaign Club in New York Sept. 22, 1864. A portrait of Lincoln hangs on the wall. Black women fashionably dressed dance and converse with white men.

What is the most reliable way to destroy a political career? Financial shenanigans, criminal records or college antics are all reliable showstoppers, but it’s usually the salacious sex scandal that brings the house down. Jack Ryan, who ran for the Senate against Barack Obama (for a while), brought us Parisian sex clubs. Mark Sanford, former governor of South Carolina, famously hiked the Appalachian Trail. And former senator John Edwards offered a scorching mess of “What To Expect When You’re Expecting.”

Add race to the question — particularly interrace — and political prurience goes into overdrive. The confluence of miscegenation and politics speaks to America’s fundamental anxiety about racial boundaries. It’s been a rug-puller of careers as long America has been a republic.

When the candidate is one race, and the spouse/partner/“friend” is another, opponents find a combustible cocktail to stir voter insecurities. Ask the ghost of Thomas Jefferson, who weathered decades of criticism about his relationship with “Dusky Sally” [Sally Hemings], his mixed-race slave who bore six mixed-race children. Consider Richard Johnson, vice president under Martin Van Buren, whom the press condemned for taking a “jet-black, thick-lipped, odiferous negro wench” as his common-law wife. Fast forward to Harold Ford Jr., who was maligned during his 2006 Senate campaign in Tennessee as a white woman-loving playboy. For these figures — just a few of many — the color line drew rings around their reputation.

Why would an interracial relationship become a dangerous political liaison? For most people, sex and relationships are private actions, but for public figures, intimate life turns into news. Add race to the mix, and it raises eyebrows. Obama had a white girlfriend in college? Sarah Palin may or may not have dated a black athlete? There are European royals of black and Asian descent? (Lichtenstein and Denmark.) At minimum, such pairings are imaginatively interesting. But why does it matter?…

…Miscegenation is the original race card. Accusations have affected all political persuasions and races, to a point where the fixation becomes the candidate’s defining element. Jefferson is certainly not alone in the accusations against him. Abraham Lincoln’s opponents published a campaign cartoon, “The Miscegenation Ball,” that lampooned an interracial regime where white men and black women freely dance, flirt and carouse. And Strom Thurmond, who infamously denounced integration of homes, schools and pools, was ultimately revealed to have a mixed pool of his own…

Read the entire essay here.

Loving vs. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage

Cambridge University Press
June 2012
300 pages
Hardback ISBN-13: 9780521198585
Paperback ISBN-13: 9780521147989

Edited by

Kevin Noble Maillard, Professor of Law
Syracuse University

Rose Cuison Villazor, Professor of Law
University of California, Davis

In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the “loving” of America. How far have we come since then, and what effect did the case have on individual lives?

Table of Contents

• Introduction Kevin Noble Maillard and Rose Cuison Villazor
• Part I: Explaining Loving v. Virginia
  • 1. The legacy of Loving John DeWitt Gregory and Joanna L. Grossman
• Part II: Historical Antecedents to Loving
  • 2. The ‘love’ of Loving Jason A. Gillmer
  • 3. Loving in Indian territory: tribal miscegenation law in historical perspective Carla Pratt
  • 4. American mestizo: Filipinos and antimiscegenation laws in California Leti Volpp
  • 5. Perez v. Sharp and the limits of Loving: race, marriage, and citizenship reconsidered R. A. Lenhardt
• Part III: Loving and Interracial Relationships: Contemporary Challenges
  • 6. The road to Loving: the legacy of antimiscegenation law Kevin Noble Maillard
  • 7. Love at the margins: the racialization of sex and the sexualization of race Camille A. Nelson
  • 8. The crime of Loving: Loving, Lawrence, and beyond I. Bennett Capers
  • 9. What’s Loving got to do with it? Law shaping experience and experience shaping law Renée M. Landers
  • 10. Fear of a ‘Brown’ planet or a new hybrid culture? Jacquelyn Bridgeman
• Part IV: Considering the Limits of Loving
  • 11. Black pluralism in post-Loving America Taunya Lovell Banks
  • 12. Multiracialism and reparations: accounting for political blackness Angelique Davis
  • 13. Finding a Loving home Angela Onwuachi-Willig and Jacob Willig-Onwuachi
• Part V: Loving outside the United States Borders
  • 14. Racially inadmissible wives Rose Cuison Villazor
  • 15. Flying buttresses Nancy K. Ota
  • 16. Crossing borders: Loving v. Virginia as a story of migration Victor Romero
• Part VI: Loving and Beyond: Marriage, Intimacy and Diverse Relationships
  • 17. Black vs. gay: centering LBGT people of color in civil marriage debates Adele Morrison
  • 18. Forty years after Loving: a legacy of unintended consequences Rachel F. Moran
  • 19. The end of marriage Tucker Culbertson
  • 20. Afterword Peter Wallenstein

Does The Heritage Controversy Tell Us More About Warren Or The Media?

Radio Boston
WBUR
2012-05-22

Dan Mauzy, Associate Producer

Hosts

Meghna Chakrabarti, Co-Host

Anthony Brooks, Co-Host

Guests

Kevin Noble Maillard, Associate Professor of Law (member of the Seminole Nation of Oklahoma)
Syracuse University

David Catanese, National Political Reporter
Politico

Here’s a bit of a problem that political reporters have to contend with: How should we handle those stories that appear to distract from what most regard as the big, important issues of the day? When a particular campaign or a political party fans the flames of one of these sidebar stories in an effort to keep a controversy alive, what should the media do?
 
The story about Elizabeth Warren’s claims of Native American ancestry presents one of those challenges.
 
The Harvard law professor who’s challenging Sen. Scott Brown has talked proudly about her Native American heritage, and we’ve learned that she listed herself as a “minority” for nearly a decade back in the late 1980s and early 90s. Warren has tried to explain why and there’s no evidence that Harvard, or any other university, hired her because of her claim…

Read the entire article here. Listen to the interview (00:25:32) here. Download it here.

Elizabeth Warren’s Birther Moment

The New York Times
2012-05-04

Kevin Noble Maillard, Associate Professor of Law
Syracuse University

If you are 1/32 Cherokee and your grandfather has high cheekbones, does that make you Native American? It depends. Last Friday, Republicans in Massachusetts questioned the racial ancestry of Elizabeth Warren, the Democratic Senate candidate. Her opponent, Senator Scott Brown, has accused her of using minority status as an American Indian to advance her career as a law professor at Harvard, the University of Pennsylvania and the University of Texas. The Brown campaign calls her ties to the Cherokee and Delaware nations a “hypocritical sham.”

In a press conference on Wednesday, Warren defended herself, saying, “Native American has been a part of my story, I guess since the day I was born, I don’t know any other way to describe it.” Despite her personal belief in her origins, her opponents have seized this moment in an unnecessary fire drill that guarantees media attention and forestalls real debate…

…The Republican approach to race is to feign that it is irrelevant — until it becomes politically advantageous to bring it up. Birthers question Obama’s state of origin (and implicitly his multiracial heritage) in efforts to disqualify him from the presidency. They characterize him as “other.” For Warren, Massachusetts Republicans place doubts on her racial claims to portray her as an opportunistic academic seeking special treatment. In both birther camps, opponents look to ancestral origins as the smoking gun, and ride the ambiguity for the duration…

Read the entire opinion here.