What Racial Discrimination Will Look Like in 2060

Posted in Articles, Latino Studies, Law, Media Archive, United States on 2019-11-30 23:00Z by Steven

What Racial Discrimination Will Look Like in 2060

Scientific American
2019-11-29

Marisa Franco

What Racial Discrimination Will Look Like in 2060
Credit: Getty Images

As biracial people become increasingly common in America, bias based on perceived rather than actual identity will too

In 2009, Nathaniel Burrage requested a transfer from his job in Youngstown, Ohio, where he worked as a driver for FedEx. He alleged that he was experiencing ongoing racially motivated harassment. According to Burrage, his supervisor, Dennis Jamiot, alternated between referring to him as “Mexican” and “cheap labor,” and shouted “ándale” and “arriba” at him as he walked by. Soon after, he said his other supervisors began to chime in with the same racist insults, and Jamiot began to lob paper clips and chalk at him. One co-worker asked him to weigh in on whether what was etched on a graffiti wall was true: Mexicans are proof that American Indians had sex with buffalos.

Burrage filed a lawsuit under the Civil Rights Act of 1964. Yet, despite the verbal and physical abuse he alleged he’d experienced, his case was dismissed. The reason? Nathanial Burrage was not actually Mexican, or even Hispanic. Burrage was a black/white biracial man experiencing what I have termed in my research as “identity incongruent discrimination.” Identity incongruent discrimination occurs when someone experiences racial discrimination for a race they are misperceived as.

As the browning of America continues, identity incongruent discrimination will only continue to rise. It’ll be a pressing problem for the growing multiracial population—a group that is the fastest growing racial group in America and that’s set to triple in size by 2060. Research finds that members of the multiracial group are more likely to be miscategorized than members of any other racial group. Compared to categorizing people into a single-race category, categorizing someone as multiracial is more mentally cumbersome, takes longer and is less likely to occur. And the most common race that black/white biracial people, like Burrage, are categorized as is Hispanic…

Read the entire article here.

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Approaching Conceptions of “Blackness” and “Mixed-Race” in Legal Scholarship and Housing Segregation

Posted in Latino Studies, Law, Media Archive, Politics/Public Policy, United States, Videos on 2019-10-28 00:55Z by Steven

Approaching Conceptions of “Blackness” and “Mixed-Race” in Legal Scholarship and Housing Segregation

The Yale Center for the Study of Race, Indigeneity, and Transnational Migration
Yale University
2019-11-13

Zaire Dinzey-Flores, Associate Professor of Latino and Caribbean Studies at Rutgers University and Tanya Herńandez, Archibald R. Murray Professor of Law at Fordham University discuss “Approaching Conceptions of “Blackness” and “Mixed-Race” in Legal Scholarship and Housing Segregation.”

The Yale Center for the Study of Race, Indigeneity, and Transnational Migration (RITM) hosted the discussion. To learn more about the Center visit ritm.yale.edu.

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Ep13 – Loving v. Virginia

Posted in Audio, History, Law, Media Archive, United States, Virginia on 2019-10-26 02:02Z by Steven

Ep13 – Loving v. Virginia

Salacious History: Sex. Romance. Infamy.
2019-10-16

Sarah Duncan, Host

At 2am on July 11, 1958, Mildred and Richard Loving were ripped from their beds in the middle of the night and thrown in jail. Their crime? Being married to someone of a different race. On today’s show, we get the background on the Lovings’ relationship, a brief history of miscegenation law, and how the Loving’s legal battle changed the United States forever.

Listen to the episode (00:25:26) here. Download the episode here.

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Tennis pro sues Red Rock Country Club for alleged racial discrimination

Posted in Articles, Law, Media Archive, United States on 2019-10-16 02:07Z by Steven

Tennis pro sues Red Rock Country Club for alleged racial discrimination

KTNV Las Vegas
2019-10-11

Ross DiMattei, Anchor/Reporter

Claims she was fired over bi-racial daughters

LAS VEGAS (KTNV) — A Las Vegas valley tennis instructor filed a lawsuit in federal court on Thursday accusing the Red Rock Country Club of firing her because of her bi-racial daughters.

Lawyers for Carmel Mary-Hill say they’ve been negotiating a settlement with Red Rock Country Club after the club allegedly discriminated against the tennis pro based on race.

But, after feeling like the country club blew off her claims, Mary-Hill says she had no choice but to file the explosive, 30-page lawsuit.

In it, she accuses Red Rock Country Club of firing her after a member complained about her bi-racial daughters attending an annual tennis tournament.

“I’m OK with them attacking me because I’m in adult and I can handle it, even though it hurts me. But when you attack a 3-year-old and a 5-year-old because they are mixed, that’s not OK with me,” said Mary-Hill…

Read the article and watch the story here.

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Judge strikes down Virginia race requirement for marriage license as unconstitutional

Posted in Articles, Law, Media Archive, United States, Virginia on 2019-10-15 18:56Z by Steven

Judge strikes down Virginia race requirement for marriage license as unconstitutional

The Washington Post
2019-10-11

Rachel Weiner

Judge Rossie D. Alston Jr. struck down a Virginia law mandating that marriage license applicants state their race. (Bob Brown/AP)
Judge Rossie D. Alston Jr. struck down a Virginia law mandating that marriage license applicants state their race. (Bob Brown/AP)

A federal judge on Friday struck down as unconstitutional a Virginia law requiring people to state their race when applying for a marriage license.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Judge Rossie D. Alston Jr. wrote in his opinion in the U.S. District Court for the Eastern District of Virginia. “But like other institutions, the stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most important institution . . . The Constitution of the United States of America.”

The law, Alston found, violates the 14th Amendment right to due process. It is one of his first opinions; he was sworn in as a federal judge in August.

“We’re very pleased, of course,” plaintiffs’ attorney Victor M. Glasberg said. “The only unfortunate part is that it took a United States district judge to strike a Jim Crow provision that the state of Virginia insisted on defending in court.”

…He also disputed the contention that there is no “straight line” between a 1924 state law prohibiting interracial marriage and the requirement to choose a race when getting married. On the contrary, in his order he agreed with Glasberg that the law reflected a racist and segregationist past embodied in the first state registrar of vital statistics, a white supremacist named Walter Plecker

Read the entire article here.

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Virginia law requiring couples to disclose race is unconstitutional, judge says

Posted in Articles, Law, Media Archive, United States, Virginia on 2019-10-15 01:12Z by Steven

Virginia law requiring couples to disclose race is unconstitutional, judge says

Cable News Network (CNN)
2019-10-14

Theresa Waldrop

Brandyn Churchill and Sophie Rogers, left, and Samuel Sarfo and Ashley Ramkishun sued Virginia over a requirement that race be disclosed in marriage license applications.
Brandyn Churchill and Sophie Rogers, left, and Samuel Sarfo and Ashley Ramkishun sued Virginia over a requirement that race be disclosed in marriage license applications.

(CNN) A federal judge ruled that a Virginia law requiring couples to reveal their race in applying for a marriage license is unconstitutional.

The lawsuit against the Virginia State Registrar and others was filed after three couples said they were denied marriage licenses in the state after they refused to check a box disclosing their race on their applications.

Finding that the statute violates the 14th Amendment, Judge Rossie D. Alston wrote in his ruling Friday that requiring the couples “to disclose their race in order to receive marriage licenses burdens their fundamental right to marry,” Alston wrote.

“(T)he statutory scheme is a vestige of the nation’s and of Virginia’s history of codified racialization,” the judge wrote.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” Alston wrote. “But like other institutions, that stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most import institution … the Constitution of the United States of America.”…

Read the entire article here.

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18:Multiracials & Civil Rights + Colorism + Hair Wars with Professor Tanya Katerí Hernández

Posted in Audio, Autobiography, Interviews, Law, Media Archive, Politics/Public Policy, United States on 2019-10-11 00:18Z by Steven

18:Multiracials & Civil Rights + Colorism + Hair Wars with Professor Tanya Katerí Hernández

Radiant Mix
2019-10-10

Hope McGrath, Host

 Artwork for 18:Multiracials & Civil Rights + Colorism + Hair Wars with Professor Tanya Katerí Hernández

In this episode Hope McGrath has an insightful conversation with Tanya Katerí Hernández, an internationally recognized comparative race law expert and Fulbright Scholar who is the Archibald R. Murray Professor of Law at Fordham University School of Law. Not only do we learn about Tanya’s powerful personal story, but she shares her expertise in anti-discrimination law, race relations, and beyond as we discuss her new book “Multiracials and Civil Rights: Mixed-Race Stories of Discrimination.” This is one fascinating episode where we can learn new insights about the mixed-race experience and law, plus so much more. Learn something new everyday…Enjoy the show!

SHOW HIGHLIGHTS:

  • Professor Tanya Katerí Hernández shares her personal story as an Afro-Puerto Rican woman which highlights the issue of colorism front and center within her family
  • Hair Wars— the plight of multiracial hair and its importance in our lives is real!
  • The growth of interracial relationships and the mixed-race children population does not alter how racism manifests in anti-discrimination law cases.
  • An academic scholar of comparative race relations and anti-discrimination law discusses the new primetime sitcom Mixed•ish
  • Is it acceptable to use the controversial term “mixed” for mixed-race individuals? Get Professor Tanya’s professional opinion.
  • The importance of reinvigorating our communities to pursue equity. We must understand and push back from the systemic and structural racism that is the backbone of our society. Get some insights into how to take action.
  • Learn about some shocking anti-discrimination cases cited in Professor Tanya Katerí Hernández’s new book Multiracials and Civil Rights: Mixed-Race Stories of Discrimination.

Listen to the episode (00:048:58) here.

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Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, Tanya Katerí Hernández

Posted in Articles, Book/Video Reviews, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2019-09-18 19:24Z by Steven

Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, Tanya Katerí Hernández

Political Science Quarterly
Volume 134, Number 2 (Summer 2019)
pages 351-352

Ann Morning, Associate Professor of Sociology
New York University

Multiracials and Civil Rights is a jewel. Relatively brief and always engaging, it presents a well-defined and well-motivated inquiry that simultaneously manages to speak to a much broader issue of deep importance. While legal scholar Tanya Katerí Hernández persuasively answers the immediate question of how multiracial people’s claims of racial discrimination are positioned and adjudicated in U.S. courts, she also provides real food for thought about the role of multiraciality in today’s racial order.

Multiracials and Civil Rights draws readers in with a puzzle: why do certain multiracial activists or scholars perceive existing antidiscrimination law as insufficient for their community’s needs? Is it indeed the case that mixed-race people’s claims of discrimination are not being adequately handled in the courts? Drawing on records for all such legal cases in the United States, in which an explicitly multiracial person alleged racial discrimination, Hernández argues persuasively that American courts do just fine by such complainants. If anything, they seem to be particularly solicitous of multiracials, treating their allegations with greater care and deference than those of other racial minorities. So where is the problem? For some multiracial advocates, it appears to lie in the courts’ pretty..

Read or purchase the review here.

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Virginia couples no longer have to disclose race on marriage license applications, state attorney general says

Posted in Articles, Law, Media Archive, United States, Virginia on 2019-09-16 19:22Z by Steven

Virginia couples no longer have to disclose race on marriage license applications, state attorney general says

The Washington Post
2019-09-14

Hannah Natanson


Sophie Rogers and Brandyn Churchill, who are getting married on Oct. 19, are shown in this engagement photograph in the Napa Valley. (Christophe Genty/Christophe Genty Photography)

Virginia will no longer require couples to identify by race on their marriage licenses, the state’s attorney general announced this week.

Under a new policy — which Attorney General Mark Herring detailed in emails to court clerks and members of the media late Friday — people getting married will be able to select “Declined to Answer” in a box asking about race. Herring also told clerks they must issue a marriage license “regardless of an applicant’s answer or non-answer to that inquiry.”

The new guidance comes about a week after three couples filed a federal lawsuit alleging the required disclosure of race is unconstitutional because it violates the First, 13th and 14th amendments.

“We were happy to help quickly resolve this issue and get these couples what they asked for,” Herring said in his statement. “These changes will ensure that no Virginian will be forced to label themselves to get married.”…

Read the entire article here.

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

Posted in Articles, Law, Media Archive, United States, Virginia on 2019-09-06 22:15Z by Steven

‘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.

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