Mixed Race Studies

“The Caucasian Cloak”: Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest

The Georgetown Law Journal
Volume 95, Issue 2
Pages 337-392

Ariela J. Gross, Professor of Law and History
University of Southern California Law School

The history of Mexican Americans and Jim Crow in the Southwest suggests the danger of allowing state actors or private entities to discriminate on the basis of language or cultural practice. Race in the Southwest was produced through the practices of Jim Crow, which were not based explicitly on race, but rather on language and culture inextricably tied to race. This Article looks at three sets of encounters between Mexican Americans and the state in mid-twentieth-century Texas and California—trials involving miscegenation, school desegregation, and jury exclusion—to see the way in which state actors used Mexican Americans’ nominal white identity under the law to create and protect Jim Crow practices. First, it argues that whiteness operated primarily as a “Caucasian cloak” to obscure the practices of Jim Crow and to make them appear benign, whether in the jury or school context. If Mexican Americans were white, then they were represented so long as whites were represented. Second, it demonstrates that Mexican-American civil rights leaders as well as ordinary individuals in the courtroom did not simply identify as white; some showed a more complex understanding of “Mexican” as a mestizo race, and others pointed to the idea of race as a status produced by racist practice. Mexicans were nonwhite if they were treated as nonwhite under Jim Crow. Finally, it argues that, at least in twentieth-century Texas and California, cultural discrimination was racial discrimination, and that continuing discrimination on the basis of language ability and other cultural attributes should be scrutinized carefully under antidiscrimination law…

Table of Contents

INTRODUCTION
MEXICAN-AMERICAN WHITENESS BEFORE 1930
A. THE NINETEENTH CENTURY
B. WHITE BY TREATY—IN RE RODRIGUEZ
C. SEX ACROSS RACIAL BORDERS: POPULAR AND LEGAL IDEAS OF THE “MEXICAN RACE”

II. THE POLITICS OF WHITENESS IN THE 1930S AND 1940S
A. JIM CROW IN THE SOUTHWEST
B. MEXICAN-AMERICAN ORGANIZATIONS AND POLITICS

III. LITIGATING MEXICAN-AMERICAN WHITENESS
A. THE 1930S SCHOOL AND JURY CASES
B. THE 1940S SCHOOL AND JURY CASES

IV. AFTER HERNANDEZ V. TEXAS: LIFTING THE CAUCASIAN CLOAK
A. FROM HERNANDEZ V. TEXAS TO CISNEROS
B. LA RAZA COSMICA

CONCLUSION

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