Multiracials and Civil Rights: Mixed-Race Stories of Discrimination

Posted in Books, Census/Demographics, Forthcoming Media, Law, Monographs, Politics/Public Policy, Social Science, United States on 2017-12-16 03:20Z by Steven

Multiracials and Civil Rights: Mixed-Race Stories of Discrimination

New York University Press
2018-08-03
224 pages
Cloth ISBN: 9781479830329

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

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race.

In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law.

Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Tags: , , ,

What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

Posted in Articles, Census/Demographics, Law, Media Archive, United States on 2017-11-06 19:51Z by Steven

What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

New York Law Journal
2017-11-03

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Tanya Katerí Hernández writes: The presence of fluid mixed-race racial identities within allegations of employment discrimination leads some legal commentators to conclude that civil rights laws are in urgent need of reform.

With the growth of a mixed-race population in the United States that identifies itself as “multiracial,” legal commentators have begun to raise concerns about how employment discrimination law responds to the claims of multiracial plaintiffs. The U.S. Census Bureau began permitting respondents to simultaneously select multiple racial categories to designate their multiracial backgrounds with the 2000 Census. With the release of data for both the 2000 and 2010 census years much media attention has followed the fact that first 2.4 percent then 2.9 percent of the population selected two or more races. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet mixed-race peoples are not new. Demographer Ann Morning notes that their early presence in North America was noted in colonial records as early as the 1630s…

Read the entire article here.

Tags: , , ,

‘I’m not racist. . . . My grandkids are biracial’

Posted in Articles, Family/Parenting, Media Archive, Social Work, United States on 2017-09-20 15:08Z by Steven

‘I’m not racist. . . . My grandkids are biracial’

The Philadelphia Inquirer
2017-08-29

Helen Ubiñas, Staff Columnist


istockphoto.com
Having biracial grandkids doesn’t give you a free pass to say racist things.

There was no hello. Just an angry voice on the other end of the line yelling obscenities about blacks and Latinos in North Philly. The man grew up there, he shouted, back when it used to be “a great white neighborhood.” Then “the blacks” and “the Puerto Ricans” moved in and ruined it. They’re garbage, he yelled. No, he seethed, garbage is better than them.

Oh, and before I or anyone else called him a bigot, he wanted me to know something.

He’s no racist. His grandchildren are half-Puerto Rican.

My heart sank. Poor kids…

…Family doesn’t inoculate anyone against racism.

Tanya Hernandez, professor of law at Fordham University and author of a forthcoming book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, said it fits into a larger societal idea that having closer relationships with people of other races can make people more empathetic.

It’s a nice thought – especially after the post-racial fantasy we all fed on for the last eight years, and the ongoing myth that as the country’s demographics become more diverse, racism will be eradicated. But the reality can be much more complicated, and painfully personal…

Read the entire article here.

Tags: , , , ,

Not There Yet

Posted in Articles, Brazil, Caribbean/Latin America, Law, Media Archive, Politics/Public Policy, Social Justice, United States on 2017-08-10 01:21Z by Steven

Not There Yet

Fordham Law News: From New York City To You
2017-05-24

A conversation with six Fordham Law professors about civil rights.

While it has been more than 50 years since the last Civil Rights Act was passed, the United States still has work to do to fully realize the equality of all persons. To plot where we are on the long road of civil rights, Fordham Lawyer spoke with six professors: Elizabeth Cooper, Tanya Hernández, Leah Hill, Joseph Landau, Robin Lenhardt, and Kimani Paul-Emile.

How does the United States measure up against Latin American countries with our same history of slavery and racial inequality?

Hernández: It’s somewhat of a mixed bag in Latin America. There are examples of very impoverished understandings of race—a sort of denial that there is any problem with racism because of the extant mythology across the region that perpetuates the idea that racial mixture equals racial harmony. At the same time, there’s a lot of social justice activism on the part of Afro-Latinos; in fact, they have garnered significant traction with political administrations that have been amenable to them. For example, in 2012 Brazil had a significant Supreme Federal Court ruling that held that race-based affirmative action was constitutional. Notably, the opinion was rooted in the idea that neutrality was not enough—that it was not enough for law to be neutral if they wanted to achieve equality. That’s pretty remarkable. It contrasts with what has been happening with the U.S. Supreme Court in this area. Since the Reagan years, there has been this shift to a jurisprudence that is all about color blindness: Equality is viewed as simply being neutral. The Court doesn’t look at the material effects of people having different starting points and, consequently, different needs. That particular comparison shows a kind of enlightenment in the Latin American sphere that we have not seen in a while in the United States.

About a year or so after this Federal Supreme Court decision, new legislation called the Law of Social Quotas was passed in Brazil. What this did was mandate that there be race-based affirmative action within all the public federal universities. What’s significant about this is that there are actual quotas—numbers that can be measured and monitored. Institutions can be held accountable. There’s none of this discomfort with the idea that having accountability means that you’re demeaning someone by only viewing them as being a race. Instead, it’s a notion that the numbers matter because the numbers inform the direct way to integrate an institution.

This type of attention to race stands in marked contrast to the United States, where the use of affirmative action is sometimes misdescribed as being the most radical. But what is often misunderstood is that the United States has forbidden quotas since 1978 with the Bakke case [Regents of the University of California v. Bakke]. Thus, we don’t have authorization to use direct numerical set-asides. We can have targets and wish lists, but there can be no hard number. Without a hard number, how do you hold the institution accountable?…

Read the entire article here.

Tags: , , , , , , ,

Tanya Hernández Appears on Howard Jordan Radio Show

Posted in Audio, Census/Demographics, History, Latino Studies, Law, Media Archive, United States on 2017-07-07 20:00Z by Steven

Tanya Hernández Appears on Howard Jordan Radio Show

Fordham Law News: From New York City To You
2017-06-12


Tanya K. Hernández

Professor Tanya Hernández appeared on the Howard Jordan radio show where she discusses the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage.

“…Pew research center report that came out in May 18th … one data point in particular pointed out was that since this 1967 decision that intermarriage rates amongst newlyweds had increased five times…and the driving force behind the increase [five times]are Latinos…Latinos marrying whites, it represents 42% of intermarriage in United States…The data point doesn’t tell us about what kind of Latinos?…We have racial identity as well… To tell me Latinos are marrying whites does’t tell me anything about racial progress…”

Tags: , , , , , , ,

One possible antidote to the misappropriation of multiracial identity is for Loving Day celebrations to focus upon what was the ultimate civil rights objective of the Loving v. Virginia decision – the impermissible pursuit of what the Supreme Court there termed “White Supremacy.”

Posted in Excerpts/Quotes on 2017-06-27 15:27Z by Steven

One possible antidote to the misappropriation of multiracial identity is for Loving Day celebrations to focus upon what was the ultimate civil rights objective of the Loving v. Virginia decision – the impermissible pursuit of what the Supreme Court there termed “White Supremacy.” This is because interracial bans only prohibited interracial marriage involving white persons. Fifty years later, after the Loving v. Virginia decision, interracial marriage bans no longer exist, but White Supremacist violence and rhetoric still flourish. Whether or not Loving Day ever becomes an official federal holiday, it is to be hoped that its celebrations will specifically commemorate the decision’s fundamental civil rights concern with racial hierarchy.

Tanya K. Hernández, “What the“Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy,” The Huffington Post, June 11, 2017. http://www.huffingtonpost.com/entry/593b4961e4b094fa859f1878.

Tags: , , , , , ,

Interracial marriage and Latino/a racial identity changing USA demographics

Posted in Arts, Census/Demographics, Latino Studies, Media Archive, United States on 2017-06-27 01:06Z by Steven

Interracial marriage and Latino/a racial identity changing USA demographics

LatinasInBusiness.us
2017-06-06

Tanya K. Hernández, Guest Contributor and Professor of Law
Fordham University School of Law

A Pew Research Center report states that the largest amount of interracial marriage between opposite sex couples is that between what it terms “Whites and Hispanics.” Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%.

The Pew Research Center released a report announcing the dramatic increase of intermarriage in the United States. Looking at data since the United States Supreme Court struck down interracial marriage bans with its 1967 Loving v. Virginia decision, Pew discovered that since 1967 intermarriage amongst newlyweds has increased fivefold from 3% to 17%. Examined in isolation the data point that one in six U.S. newlyweds are now married to someone of a different race, appears quite astounding. However the role of Latino/a racial identity is a missing piece of the picture that serves to question the real rate of intermarriage.

The largest driving factor in the apparent increase in U.S. intermarriage rates is the pattern of intermarriage between Latinos/as and White Anglos. Pew reports that the largest amount of intermarriage between opposite sex couples is that between what it terms “Whites and Hispanics.” The White/Hispanic combination represents 42% of intermarriage, while in comparison the White/Asian combination represents only 15%, the White/Black combination 11% , the Hispanic/Black combination 5%, and the Hispanic/Asian combination 3%. Notably, the Pew report neglects to discuss the role of “Hispanic” racial appearance and identity…

Read the entire article here.

Tags: , , ,

What the “Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy

Posted in Articles, Census/Demographics, Law, Social Justice, United States on 2017-06-26 20:32Z by Steven

What the “Loving Day” 50th Anniversary Celebrations of the Loving v. Virginia Court Decision Really Need – A Challenge to Ongoing White Supremacy

The Huffington Post
2017-06-11

Tanya K. Hernández, Professor of Law
Fordham University School of Law

Monday, June 12, 2017 marks the 50th anniversary of the Loving v. Virginia, the Supreme Court decision which invalidated interracial marriage bans in the United States. Recently, the Pew Research Center reported that since the 1967 Loving decision the rate of intermarriage has increased more than five fold, from 3% of newlyweds who were intermarried to 17% in 2015. In recognition of this increase, “Loving Dayannual events celebrate the court decision. Primarily organized by multiracial persons as social events, communities across the nation gather on Loving Day to celebrate the existence of multiracial families. The celebrations are part of a larger campaign to have the federal government create an official Loving Day federal holiday.

No other Supreme Court case, let alone a civil rights case, has its own designated federal holiday. However entire multiracial community websites are dedicated to lobbying the government for a Loving Day holiday. This is because much more is at stake for these activists than commemorating a legal case. Validating mixed-race families and in particular multiracial persons, is the fundamental aim of the Loving Day federal holiday campaign. However, the rhetoric of mixed-race racial distinctiveness used by the campaign has begun to be drawn into judicial questioning of racial integration policies in ways that counter Loving Day celebrations of diversity…

Read the entire article here.

Tags: , , , , , ,

Latin American Policy Series (3): Racism and Responses to Racism in Latin America

Posted in Articles, Caribbean/Latin America, Law, Media Archive, Politics/Public Policy, Social Justice, Social Science on 2017-04-02 01:15Z by Steven

Latin American Policy Series (3): Racism and Responses to Racism in Latin America

the bulletin: A Willy Brandt School Blog
2017-03-07

Arivaldo Santos de Souza

This article is a continuation of the Latin American Public Policy Series and briefly introducing the topic “Racism and Responses to Racism in Latin America”, building upon Tanya Hernández´s thoughts, whose book: “Racial Subordination in Latin America – The Role of the State, Customary Law, and the New Civil Rights Response” (Cambridge Press, 2012) which I just translated into Portuguese. This analysis seeks to intrigue Latin Americans to think more deeply about the way people of African descent in their respective countries were (and still are) mistreated based on the arguments presented by Tanya Hernandez.

Approximately 150 million people of African descent, members of one of the largest African Diasporas over time, live in Latin America. Even though, we people of African descent make up around 1/3 of total population in Latin American, members of the African diaspora make up more than 40 percent of the poor in Latin America and have been marginalized as undesirable to society since the abolition of slavery across the Americas.

The idea that “racism does not exist” is hegemonic in Latin America, despite the increasing number of black social movements across the region. The “myth of racial democracy”, which supports that the racial mixture (mestizaje in Castellano and mestiçagem in Portuguese) in a population is a symptom of racial harmony and absence of inequalities based in race is still influential even among scholars and well-educated citizens…

Read the entire article here.

Tags: , , , , ,

Why Mixed-Race Americans Will Not Save The Country

Posted in Articles, Census/Demographics, Media Archive, Politics/Public Policy, Social Science, United States on 2017-03-08 19:32Z by Steven

Why Mixed-Race Americans Will Not Save The Country

Code Switch: Race and Identity, Remixed
National Public Radio
2017-03-08

Alexandros Orphanides


What do mixed-race Americans mean for the future of racism?
Roberto Westbrook/Getty Images

Americans like to fantasize that a mixed-race future will free them from the clutches of racism.

But this illusion is incompatible with an America in which the presidential election was won by the candidate who ran a “Make America Great Again” campaign, which many critics have pointed out was widely heard as a call to “Make America White Again.”

If the election results are a vindication for those championing the politics of President Trump, the demographic trends point in the opposite direction. Today, the United States’ mixed-race population is growing three times faster than the general population, and optimism about the impact that mixed-race people can have on a racially-divided country abounds.

What Biracial People Know,” a recent op-ed in The New York Times, argues that the growing multiracial population may act as a “vaccine” to the bigotry that buoyed Trump’s campaign, granting America “immunity” to the longstanding politics of exclusion shaped by racism.

But this hope that a mixed-race future will result in a paradise of interracial and ethnically-ambiguous babies is misleading. It presents racism as passive — a vestigial reflex that will fade with the presence of interracial offspring, rather than as an active system that can change with time. A 2015 study by Pew Research Center concluded that mixed-race Americans describe experiences of discrimination in the form of slurs, poor customer service, and police encounters. These figures were highest among people of black-white and black-Native American descent…

Read the entire article here.

Tags: , , , , , , ,