What&#8217;s History Got to Do with It? Evolving Classifications of Race

Scholarly perspectives on the mixed race experience.

The validity of the antimiscegenation law itself could also be questioned under the fourteenth amendment by requiring the showing of a reasonable legislative purpose for its enactment. There is serious doubt that any valid reason could be shown for this type of statute. In fact, the three basic arguments which are often advanced to support these statutes; namely, that the children of these marriages would be inferior, that social tensions and domestic problems are lessened, and that psychological hardships to the offspring are avoided, have been discredited. Therefore the application of a reasonable legislative purpose test would most likely lead to a finding of unconstitutionality under the equal protection clause of the fourteenth amendment, especially since the usual presumption of a valid legislative purpose is not applied to cases dealing with racial classifications.

However, a better approach might be to recognize that the right of the individual to marry is a fundamental right, protected under the clear and present danger test. Surely it is a right which can be considered as important to the individual as is his right to own property or his freedom of speech. The United States Supreme Court has acknowledged that marriage and procreation are fundamental to the very existence and survival of the race.

C. Michael Conter, “Recent Decisions: Constitutional Law: Miscegenation Laws,” Marquette Law Review, Volume 48, Issue 4 (Spring 1965): pages 616-620.

What’s History Got to Do with It? Evolving Classifications of Race

What’s History Got to Do with It? Evolving Classifications of Race

Brooklyn Historical Society
Crossing Borders, Bridging Generations
Othmer Library
Saturday, 2014-01-25, 15:00-18:00 EST (Local Time)

Part Three of the reading series Quantifying Bloodlines

How did historical distinctions emerge, such as: mulatto, quadroon, octoroon, creole, 1/16th Native American…?
What is the one-drop rule?
Why do we talk about our backgrounds, bloodlines, ethnic and racial make-ups in terms of percentages and fractions?
Does race-mixing mean racial harmony?
Do people still “pass” to blend in in order to be accepted?

Join in an engaging discussion about the formation of racial classifications, privilege and pedigree. As a focus, we will read and review a historical novel, based on the real-life family history of Creole society in Central Louisiana. Cane River by Lalita Tademy describes this family and society as experienced through more than four generations of women’s lives.

Please plan to have read the book prior to our meeting.

Session is limited to 15 participants. Active participation is key.

This reading and discussion group is co-sponsored by MixedRaceStudies.org

For more information, click here.

This entry was posted on Friday, October 11th, 2013 at 03:02Z and is filed under History, Live Events, Passing, United States. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

Mixed Race Studies

What’s History Got to Do with It? Evolving Classifications of Race

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