Racially-Mixed Personal Identity Equality

Racially-Mixed Personal Identity Equality

Law, Culture and the Humanities
First published online: 2017-03-24
DOI: 10.1177/1743872117699894

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

A growing number of commentators view discrimination against multiracial (racially-mixed) people as a distinctive challenge to racial equality. This perspective is based on the belief that multiracial-identified persons experience racial discrimination in a manner that makes it necessary to reconsider civil rights law. This article disputes that premise and deconstructs its Personal Identity Equality approach to anti-discrimination law and demonstrates its ill effects reflected in Supreme Court affirmative action litigation.

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