If it's not just black and white anymore, why does darkness cast a longer discriminatory shadow than lightness? an investigation and analysis of the color hierarchy

Denver University Law Review

Volumn 75, Issue 1, 1997, Pages 131-160

  Baynes, Leonard M ^a  

^a WESTERN NEW ENGLAND UNIVERSITY   (United States)

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EID: 0342745384     PISSN: 08839409     EISSN: None     Source Type: Journal    
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References (330)

1. Interview with Bruce Miller, Professor at Western New England College School of Law, in Springfield, Mass. (July 10, 1997). My colleague indicated that his white sportswriter friend was able to interview another black player, Cedric Maxwell, because he had a lighter complexion than Robert Parrish. The experience of Professor Miller's friend occurred some time in 1983-84.
2. See Michael Omi, Racial Identity and the State: The Dilemmas of Classification, 15 LAW & INEQ. J. 7, 9, 23 (1997).
3. See John Teimey et al., The Search for Adam and Eve, NEWSWEEK, Jan. 11, 1988, at 46.
4. But see RICHARD J. HERRNSTEIN & CHARLES MURRAY, THE BELL CURVE: INTELLIGENCE AND CLASS STRUCTURE IN AMERICAN LIFE 269-340 (1994);
5. Arthur R. Jensen, How Much Can We Boost IQ and Scholastic Achievement, 39 HARV. ED. REV. 1 (1969) (indicating that the cause of low income and lower status is mainly nature, not nurture, and arguing that educational attempts should focus on teaching specific skills rather than boosting I.Q.).
6. See generally John O. Calmore, Exploring Michael Omi's "Messy" World of Race: An Essay for "Naked People Longing to Swim Free, " 15 LAW & INEQ. J. 25, 35 (1997) (describing race as an illusion); Omi, supra note 2, at 21-22 (indicating that some people view race as an illusion).
7. This article uses the terms "African American" and "Black" interchangeably to describe people of African descent.
8. See Robert S. Chang, Towards an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space, 1 ASIAN L.J. 1, 27 (1994);
9. Deborah Ramirez, Multicultural Empowerment: It's Not Just Black and White Anymore, 47 STAN. L. REV. 957, 962-63 (1995);
10. Frank H. Wu, Neither Black Nor White: Asian Americans and Affirmative Action, 15 B.C. THIRD WORLD LJ. 225, 251-52 (1995). Several articles in the popular press have also noted that race relations are now more than just a Black-White issue.
11. See Stanley Crouch, Race Is Over, N.Y. TIMES, Sept 29, 1996, sec. 6 (Magazine), at 170-71;
12. Tom Morganthau, What Color Is Black?, NEWSWEEK, Feb. 13, 1995, at 63.
13. See Ramirez, supra note 6.
14. See Trina Grillo & Stephanie M. Wildman, Obscuring the Importance of Race: The Implications of Making Comparisons Between Racism and Sexism (Or Other- isms), 1991 DUKE LJ. 397, 399-400;
15. Trina Grillo, Anti-Essentialism and Intersectionality: Tools to Dismantle The Master's House, 10 BERKELEY WOMEN'S LJ. 16, 17 (1995).
16. See, e.g., Kimberle Crenshaw, Mapping The Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, 43 STAN. L. REV. 1241 (1991);
17. Grillo & Wildman, supra note 8;
18. Grillo, supra note 8;
19. Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1, 38-46 (1995).
20. See infra Part IV.
21. See infra Part V.
22. See Leonard M. Baynes, Western New England College Survey of Attitudes and Beliefs About the Colors of Blacks and Latinos (1997) (unpublished survey on file with author) [hereinafter Baynes, Color Survey].
23. See id.
24. See infra Part V.C.
25. See Edward Telles & Edward Murguia, Phenotypic Discrimination and Income Differences among Mexican Americans, 71 SOC. Sa. Q. 4 (1990);
26. infra Part V.D.
27. See infra Part V.C-D.
28. I agree that there is a certain solidarity between and among people of color. We all face discrimination, but it may manifest itself in different ways based on the stereotype. For example, the American culture, through the media, teaches us that Blacks are lazy, stupid and criminal; that Asian and Pacific Americans are hardworking foreigners who want to take our jobs; and that Latinos are lazy, stupid foreigners who do not want to learn to speak English and who immigrate to the United States for welfare handouts.
29. It is my opinion that this applies to Blacks and Latinos. The question of whether this premise holds true for dark-skinned Native Americans or Asian Pacific Americans is beyond the scope of this article; although I believe, that the farther an individual is from White standards of appearance, the more discrimination one is likely to encounter. In the Western New England Color Survey, one Indian women responded in the comment section: My ethnic origin is Indian (from India). I have a light-to-medium skin tone. Because I am considered to be quite fair, I have experienced favorable treatment among the Indian population. I am considered more attractive than darker-skinned females. In fact, my skin makes me more marriageable than darker-skinned Indian females. Generally, people in the Indian community are very conscious of skin tone. Skin tone for women is an important indicator of status. See Baynes, Color Survey, supra note 12.
30. See infra Part V.C.
31. See Verna M. Keith & Cedric Herring, Skin Tone and Stratification in the Black Community, 97 AM. J. SOC. 760, 775 (1991).
32. See Carlos H. Arce et al., Phenotype and Life Chances Among Chicanas, 9 HISPANIC J. BEHAV. SCI. 19, 29 (1987);
33. Edward E. Telles & Edward Murguia, Phenotypic Discrimination and Income Differences Among Mexican Amercans, 71 Soc. Sa. Q. 682 (1990).
34. Nightline (ABC television broadcast, Feb. 28, 1997).
35. Several years ago, I served on the Academic Standards Students Petitions Committee, which reviews the dismissal of students who were academically dismissed from the school. I advocated on behalf of a light-skinned Latino student. During the course of the discussion, it became clear to me that my white colleagues considered the student to be white and would only consider his ethnic status if he had been economically deprived or disadvantaged in some way.
36. See, e.g., Leonard. M. Baynes, Who Is Black Enough for You? An Analysis of Northwestern University Law School's Struggle Over Minority Faculty Hiring, 1 MICH. J. RACE & L. 205, 209-12 (1997) [hereinafter Baynes, Minority Faculty Hiring] (discussing the faculty struggle over the hiring of Professor Maria O'Brien Hylton because of her mixed race and the student protest based on her Black Latina heritage and lack of identification with one particular race);
37. Leonard M. Baynes, Who Is Black Enough for You? The Stories of One Black Man and His Family's Pursuit of the American Dream, 11 GEO. IMMIGR. L.J. 97, 113-24 (1996) [hereinafter Baynes, One Black Man] (discussing immigration of the author's ancestors from St. Vincent and Barbados to the United States and the discrimination that they faced from African Americans and Whites in the United States).
38. See JOEL WnxiAMsoN, NEW PEOPLE: MISCEGENATION AND MULATTOES IN THE UNITED STATES 100 (1980);
39. Renée Graham, How Black Is Black?, BOSTON GLOBE, Jan. 19, 1993, at51.
40. "In addition, in other attempts to assimilate as [W]hite, some Latinos have Anglicized their Spanish surnames, declined to teach Spanish to their children, and married Anglos." Kevin Johnson, Some Thoughts on the Future of Latino Legal Scholarship, 2 HARV. LATINO L. REV. (1997) (forthcoming); cf. Ramirez, supra note 6, at 964.
41. See Robert Chang, The Nativist's Dream of Return, 9 LA RAZA L.J. 55, 58 (1996).
42. See Baynes, Color Survey, supra note 12.
43. The words "mulatto" or "mulatta" historically referred to biracial people who were a mix of black and white. See Paul Knepper, Race, Racism and Crime Statistics, 24 S.U. L. REV. 71, 90 (1996). It is a Spanish term, which is derived from the word "mule." THE AMERICAN HERITAGE DICTIONARY 820 (2d ed. 1985). I think that in modem time's, the image of the mule has evoked a very negative connotation. After all, a mule is the offspring of a horse and a donkey. Id. A horse connotes the attributes of beauty, grace, and speed. On the other hand, a donkey suggests ugliness, obstinacy, and slowness. It is not too hard to guess which racial stereotypes are being used to describe the interracial parents of the mulatto. In addition, mules can not produce offspring. Id. So it is again not surprising to me that biracial individuals would be historically referenced as a mule since there was a desire among Whites to prohibit race mixing and decrease the size of the mulatto population. See WnjJAMSON, supra note 25, at 7-11. In this article I use the term "mulatto" only when it is historically or culturally relevant
44. Vanessa Williams has said that both of her parents were Black. See Itabari Njeri, Cohrism in American Society, Are Light-skinned Blacks Better Off?, L.A. TIMES, Apr. 24, 1988, at 1. When Ms. Williams won the pageant, the runner-up was also a black woman Suzette Charles. Id. Ms. Williams said that ironically, some Blacks thought that Ms. Charles was blacker than Ms. Williams and even thought that Ms. Williams was biracial when, in fact, it was Ms. Charles who was biracial. Id.
45. See Baynes, Minority Faculty Hiring, supra note 24, at 216 n.58;
46. Baynes, One Black Man, supra note 24, at 113.
47. On average, people of African ancestry in the United States are approximately 20% white. See WILLIAMSON, supra note 25, at 192;
48. see also Interview with Judy Scales-Trent, TONY BROWN'S JOURNAL (1995);
49. Johni Cerny, Black Ancestral Research, in THE SOURCE: A GUIDEBOOK OF AMERICAN GENEALOGY 579, 579 (Arlene Eakle & Johni Cemy, 1984) (estimating that 75% of African Americans have at least one white ancestor and 15% have predominately white ancestry). Because many black women were sexually exploited and raped during slavery, most people of African ancestry in the Western Hemisphere have some white ancestry. It is also estimated that 27.3% of the Black population has Native American ancestry. See WnxiAMSON, supra note 25, at 125. There was also a strata of definitions to describe the mixtures. For instance, a "mulatto" was a person who was half black and white. Id. at xii. A "quadroon" was a person who was one-quarter black. Id. An "octoroon" was a person who was one-eighth black. Id. A "griffe" was a person who was three-quarters black, and a "sacrata" was a person who was seven-eighths black. Id.
50. I believe that not all black babies go through this transformation. Some are indeed born close to their mature complexion. White readers need to think of it as analogous to babies who are born with blond hair. The hair of some of those children becomes very dark as they mature while some stay blond. Meanwhile, other white babies are born with hair closer in color to their darker, more mature color.
51. On the other hand, my mother may have been expressing a deep-seeded psychological desire for a lighter baby than Carl. My mother was a product of her time and probably realized that lighter skin had certain advantages in society.
52. Carol Stocker & Barbara Carton, Guilty... of being black, BOSTON GLOBE, May 7, 1992 at 85.
53. When I was younger I dated a very dark-skinned woman. Her complexion had shimmering black color. My mother did not say anything. One younger female family member asked me: How could I date someone so dark? Why would I do that? I was very surprised by the comment especially from someone so young. See infra note 75 and accompanying text (indicating that most black men marry wives at least the same shade or lighter than themselves).
54. When I have come back from vacations several shades darker, the reaction of the Blacks that I encounter, including students and colleagues, often has been one of astonishment. One year, after I returned from the West Indies, one black student saw me, and his jaw literally dropped. He asked me, "What happened to you?" Then he tried to cover it up and said, "Maybe nothing happened, but I don't remember you being so dark!" Other black students and colleagues have not been so open, but I believe I know the subtext of what they are saying to me. Basically, it is the same thing that my mother probably would have said: "Why are you so cavalierly giving up your privilege of being lighter?"
55. Many people have commented that Carl and I even sound alike. In fact sometimes his wife, Shelia, cannot tell the difference in our voices until several words have emanated from our mouths.
56. In contrast, my sister Ethel is light-skinned like my mother. Ethel is the lightest member of my immediate family. She is probably just a few shades darker than my mother. I believe that her lighter coloring is one of the few physical characteristics that she has in common with my motherotherwise I think she looks more like my father's family. However, I cannot tell you how many people say that she looks the most like my mother.
57. Judy Scales-Trent, Clason Lecture at the Western New England College, School of Law (Nov. 21, 1991).
58. See infra note 46 and accompanying text.
59. See Graham, supra note 25.
60. At a recent American Association of Law Schools Property Law Conference, I went to dinner with several black people, some of whom were property law professors like me, some of whom were friends of one of my dinner companions. The participants ranged in color from very light to dark. After discussing this topic, I was told that I really liked to live life dangerously.
61. This intra-race discrimination based on color is illegal under Title VII. In Walker v. IRS, the court acknowledged the existence of intra-racial discrimination within the African American community based on skin color. Walker v. IRS, 713 F. Supp. 403, 407-08 (N.D. Ga. 1989). The Walker court held that an intra-racial discrimination claim brought by a light-skinned African American employee against her dark-skinned African American supervisor was actionable under Tide VH of the Civil Rights Act of 1964. Id. at 406. "[T]he purpose of Title VII is 'to assure equality of employment opportunities by eliminating those practices and devices that discriminate on the basis of race, color, religion, sex, or national origin." Id. Tracy Walker, a light-skinned federal employee at an Atlanta branch of the IRS, brought an employment discrimination suit against Ruby Lewis, her dark-skinned supervisor. Id. at 404. The Walker court first noted that the historical predecessor to Title VII was the Civil Rights Act of 1866 and 42 U.S.C. §1981. Id. at 405. The Walker court explained: "The stated purpose of §1981 is the protection of citizens of the United States in their enjoyment of certain rights without discrimination on account of race, color, or previous condition of servitude." Id. The court also noted that "[i]n fact, in a suit such as this one, the legal elements and facts necessary to support a claim for relief under Title VII are identical to the facts which support a claim under §1981." Id. at 405. The Walker court observed that, in McDonald v. Santa Fe, the United States Supreme Court made "repeated reference" to the fact that section 1981 was to apply to citizens of "every race and color." Id. at 405 (emphasis added) (citing McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273 (1976)). The Walker court also examined the Supreme Court opinion in Saint Francis College v. AlKhazraji and found that it interpreted section 1981, "at a minimum [as reaching] discrimination against an individual because he or she is genetically part of an ethnically and physiognomically distinctive sub-grouping of homosapiens." Id. at 406 (emphasis added) (citing Saint Francis College v. Al-Khazraji, 481 U.S. 604 (1987)); See also Franceschi v. Hyatt Corp., 782 F. Supp. 712, 721 (D.P.R. 1992). The Franceschi court stated that: Saint Francis stands for the proposition that a person's physical appearance as a Caucasian is not determinative in discrimination cases. It is the perception, by the discriminator, of the discriminatee's race that is important for purposes of § 1981. Thus, Saint Francis obviates the need to determine the race or ethnicity of the discriminatee and focuses instead on the perception of that person by the discriminator. Id. at 721 n. 14. In Saint Francis, the Supreme Court allowed a racial discrimination claim under section 1981 by one Caucasian of Arab ancestry against someone of the same "race, " another Caucasian. Saint Francis, 481 U.S. at 607. The Saint Francis Court acknowledged that when Congress passed what is now section 1981, the protections were not limited only to groups who were considered racially distinct from the defendant. Id. This meant that although the Arab plaintiff was considered by current racial classifications as Caucasian, he could still maintain his section 1981 claim. Id. Given this precedent, the Walker court observed that the relevant case law and statutes refer to race and color as separate and distinct from each other. Therefore "'race' is to mean 'race' and 'color' is to mean 'color.'" Walker, 713 F. Supp. at 406 ('To hold otherwise would mean that Congress and the Supreme Court have either mistakenly or purposefully overlooked an obvious redundancy."). The court further found that although color may be a rare claim, in certain contexts, color may be the most sensible claim to present. Id. at 406 (emphasis added); See also Felix v. Marquez, 1980 WL 242, at *1 (D.D.C. Sept. 11, 1980) (stating that "[c]olor may be a rare claim, because color is usually mixed with or subordinated to claims of race discrimination, but considering the mixture of races and ancestral national origins in Puerto Rico, color may be the most practical claim to present"). The Walker court did acknowledge the genuine and substantial difficulty that some courts have identified: the judiciary being placed in the "unsavory business of measuring skin color and determining whether the skin pigmentation of the parties is sufficiently different to form the basis of a lawsuit." Id. at 408. See Sere v. University of El., 628 F. Supp. 1543 (N.D. Ill. 1986).(...)
62. The Walker court taught us that intra-racial discrimination based on color by African Americans against each other is actionable. Walker, 713 F. Supp. at 408. But, like the White-against-Black form of discrimination, many victims of Black-against-Black discrimination are not likely to bring suit and are unlikely to have a remedy. Since many African Americans are economically powerless, they are not often in positions to discriminate. So much of the Black-against-Black discrimination is still in the social arena. Therefore, even though the Walker court acknowledged this unique form of discrimination, it does not give many of its victims a viable remedy.
63. My sister Pearl told me that growing up as a teenager in Queens in the 1960s, she went to a party sponsored by the local chapter of Jack and Jill. Jack and Jill was a club for mostly middle class young black kids. She was horrified that she had to pass the paper bag test, which entailed putting a brown paper bag next to her skin to see whether she was lighter. You see, light skin gained an individual entry into the club. Even though she was admitted, she felt that the club members were only interested in being friends with, and dating, people who were much lighter than she was.
64. One of my nephews who is dark-skinned is currently a member of Jack and Jill in New Jersey.
65. See Neil Gotanda, A Critique of "Our Constitution is Color Blind, " 44 STAN. L. REV. 1, 24 (1991).
66. But see Christine B. Hickman, The Devil and the One Drop Rule: Racial Categories. African Americans, and the U. S. Census, 95 MICH. L. REV. 1161, 1196-97 (1997) (articulating the view that the one drop rule may facilitate a certain amount of cohesion in the African American community).
67. Gotanda, supra note 48, at 24.
68. Id. at 26.
69. Id. at 26-27.
70. Id.
71. Keith & Herring, supra note 20, at 761 -62.
72. Id. at 762.
73. Id. My mother once told me a story about her grandmother - Granny - who was biracial. When my mother's family was in the United States, one of my mother's aunts - Auntie - became sick. Auntie was treated by a white physician in New York City. Granny wrote a highly critical note
74. Id.
75. Id. at 763.
76. Id. In Louisiana, biracial Blacks constituted 80% of the free population. Id.
77. See generally WILLIAMSON, supra note 25 (citing numerous biracial blacks including: Frederick Douglass, Booker T. Washington, Walter White, Längsten Hughes, W.E.B. DuBois).
78. Keith & Herring, supra note 20, at 761.
79. Id. at 764.
80. Id.
81. SCHOOL DAZE (Forty Acres and a Mule Filmworks 1988).
82. Id. I have at least one very light-skinned relative who was discriminated against in a job interview by a dark-skinned African American. The interviewer saw that my relative was active in Jack and Jill and assumed that she was one of the people who prevented her from joining in the past She told my relative: "Now I am going to discriminate against you!"
83. The candidate expressed concern about the burdens of mentoring students. This expression of concern worried the students that the candidate would not be available to them. The candidate was mostly concerned about, and wanted to avoid, the extra burdens that academic institutions put on faculty of color before they get tenure. In addition, the candidate was from a very middle class background, so the students worried that the candidate may not be able to relate to them.
84. "John Blassingame noted that in Louisiana in the late nineteenth century, ... racial intermixing had proceeded so far that it was simply impossible to tell on sight whether some people were white or black." WILUAMSON, supra note 25, at 98 (citing JOHN BLASSINGAME, BLACK NEW ORLEANS 201 (1973)). In 1932, Caroline Bond Day did a study of more than 2, 500 individuals belonging to families of mixed blood. CAROLINE BOND DAY, SOME NEGRO-WHITE FAMILIES 9-11 (1932). She found that Blacks who were more than half-Black were clearly so. Id. at 9. She said that it was impossible to approximate fractions on sight. Id. She divided biracial Blacks into two categories: (1) recessive-those that displayed an array of purely African characteristics that made them appear more African than they were; and (2) dominant-those who were more white in appearance. Id. at 10. She found that those who were one-fourth black tended not to have any more than one dominant African feature, i.e, tightly-curled hair, dark skin, or broad facial features. Id. She found that those who were one-eighth black were very white in color. Id.
85. Cf. Baynes, Minority Faculty Hiring, supra note 24, at 221-23.
86. For instance, although the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court, is very dark-skinned, many African Americans would consider him "white" because of ideological and political perspectives. See Derrick Bell, Racial Realism, 24 CONN. L. REV. 363, 370 (1992) Bell states that: The addition of Judge Clarence Thomas to the [Supreme Court], as the replacement for Justice Thurgood Marshall, is likely to add deep insult to the continuing injury inflicted on civil rights advocates. The cut is particularly unkind because the choice of a [BJlack like Clarence Thomas replicates the slave masters' practice of elevating to overseer and other positions of quasi-power those slaves willing to mimic the masters' views, carry out orders, and by their presence provide a perverse legitimacy to the oppression they aided and approved.
87. Id.; see A. Leon Higginbotham, Jr., Justice Clarence Thomas In Retrospect, 45 HASTINGS LJ. 1405, 1427-28 (1994) ("[T]he very fact that [Justice Thomas] so consistently votes against the best interests of African-Americans reveals a great deal about his sense of racial identity and his lack of racial self-esteem. Those votes suggest that there are many aspects of racial self-hatred that sometimes trigger the perverse conclusions he reaches.");
88. A. Leon Higginbotham, Jr., An Open Letter To Clarence Thomas, 140 U. PA. L. REV. 1005, 1014 (1991). Higginbotham expresses concern that Justice Thomas's criticisms of civil rights organizations: may have been nothing more than [his] expression of allegiance to the conservatives who made [him] Chairman of the EEOC, and who have now elevated [him] to the Supreme Court. But [his] comments troubled me then and trouble me still because they convey a stunted knowledge of history and an unformed judicial philosophy. d.;
89. see Catharine Pierce Wells, Clarence Thomas: The Invisible Man, 67 S. CAL. L. REV. 117 (1993) (seeing Thomas as a "man who has suffered many forms of racial abuse and who has tried to avoid the pain of this abuse by 'living in his head'");
90. see also JANE MAYER & JILL ABRAMSON, STRANGE JUSTICE: TIE SELLING OF CLARENCE THOMAS 175 (1994) (indicating that thirty percent of African Americans "branded" Clarence Thomas an "Uncle Tom"); Jack E. White, Dividing Line, TIME, June 26, 1995, at 36 (calling Clarence Thomas "Uncle Tom Justice").
91. WILLIAMSON, supra note 25, at 191.
92. Id. at 118.
93. Id. (citing Gustavas Steward, The Black Girl Passes, 6 SOC. FORCES 99, 99-103 (1927)).
94. Steward, supra note 71, at 99.
95. WILLIAMSON, supra note 25, at 190 (citing Laurence Glasco, The Mulatto: A Neglected Dimension of Afro-American Social Structure, paper given at the Convention of the Organization of American Historians, 23-26, 38 (Apr. 17-20, 1974)). [Between 1923 and 1931 the percentage of [very] light men dropped from 14 percent to 4 percent and among women the percentage fell from 39 percent to 18 percent. [Very] dark students dropped by similar percentages. The males fell from 60 percent in 1923 to 38 percent in 1931, while among women the corresponding decline was even more drastic from 29 percent to only 8 percent. The proportion of brown men increased from 26 percent to 58 percent, and brown women rose from 32 percent to 74 percent. A generation later, between 1947 and 1953, light women declined from 17 percent to 3 percent. Id. As of the 1970s, light women and men did not constitute more than 2%, the very dark students fluctuated widely but never rose higher than 38% of the class for men and 29% for women of the Howard University classes. According to the author, the Howard University students were predominately brown in complexion. Id.
96. WDJLIAMSON, supra note 25, at 118.
97. Id. (citing MELVILLE J. HERSKOVTTS, AMERICAN NEGRO 62-66 (1968)).
98. HANS HOETINK, Tim Two VARIANTS IN CARIBBEAN RACE RELATIONS 120 (Eva M. Hooykaas Irans., 1967).
99. Id. This preference for a brown-skin complexion is evidenced by the fact that 100% of the Blacks surveyed in the Color Survey rated O J. Simpson's coloration as medium on a scale of very light to very dark. See infra note 228 and accompanying discussion.
100. Although my family roots are in the Caribbean, St. Vincent and the Grenadines are a former British colony and an anglophone country. There was much migration among the Caribbean countries; for instance, my paternal grandfather Joseph Wellington Baynes cut sugar cane in Cuba and my maternal great grandfather Charles Bell went to Panama to work on the Panama Canal. I also have distant cousins on my father's side who live in Venezuela. However, 1 was not raised in a Spanish-speaking household, which makes a big difference in my cultural perspective. Therefore, my observations are not informed by being a part of the Latino culture.
101. The census does not compile information on the racial breakdown of the Latino population. United States Bureau of the Census, CENTURY OF POPULATION (1909). Experts agree that most Latinos are of mixed racial heritage. WILLIAMSON, supra note 25 (citing Gary A. Greenfield & Don B. Kates, Jr., Mexican Americans, Racial Discrimination and the Civil Rights Act of 1866, 63 CAL. L. REV. 662, 683, 700 n.197 (1975)).
102. Berta Esperanza Hemândez Truyol, Building Bridges-Latinos and Latinos At The Crossroads: Realities, Rhetoric And Replacement, 25 COLUM. HUM. RTS. L. REV. 369, 385-86 (1994). Latinos currently comprise 22 million people, constituting 9% of the total United States population. The places of origin that they primarily emanate from are: (1) Mexico, 12.6 million persons, constituting 62.6% of all Latinos; (2) Puerto Rico, numbering 2.5 million, or 13% of all Latinos; (3) Central America or South America, also totalling 15 million, or 13% of Latinos; and (4) Cuba, 1.1 million, or 5.3% of Latinos. Id. The balance, 7.8% of the U.S. Latinos, either have their origins in Spain or do not identify from which place of origin they came. Id. at 386-87. Recently, many people from the Dominican Republic have emigrated to the United States; it is estimated that there are now 625, 000 Dominican Americans in the United States. Interview with Embassy of the Dominican Republic, in Washington, D.C. (Oct. 21, 1997). Many live in the New York City area. Id.
103. These different standards of self-identification sometimes lead to a schism between the African American and Latino communities. In her article Building Bridges, Professor Hemândez Truyol discusses the case in south Florida in which a Colombian American police officer was charged with killing two African American motorcyclists. Id. at 420-22. The shooting led to extensive rioting. The police officer was tried and convicted the first time in Dade County. Id. at 421. The Florida Court of Appeals ordered a new trial because the police officer's motion for a change in venue was denied by the trial court. Id. The appellate court found that there was uncontroverted evidence that "the case could not then be fairly tried in Dade County." Id. The court found that the community and the jury were "justifiably concerned with the dangers which would follow an acquittal but which would be obviated if... the defendant was convicted." Id. "The fear that a response to a 'not guilty' verdict would result in an eruption of violence is an 'impermissible factor" and thus it was error to deny the request for a change of venue. Such failure to grant change of venue thus mandated reversal and a new trial." Id. Professor Hemandez Truyol noticed that "the available newspaper accounts of the trial generally described the police officer by name" and his job. Id. Only a few reports mentioned that he was Colombian American. Id. at 422. "At least one press report described [the police officer] as white; none described him as Latino." Id. Professor Hemandez Truyol described the media's message as clean the police officer was a "good guy, " a "white knight", a "protector of the people." Id. On the other hand, the media portrayal of the motorcyclists was filled with negative stereotypes and "bad guys." Id. "The implicit message was that the black motorcyclists 'were up to no good'." Id. Another possibility is that the Colombian American looked "European" and therefore, "White." He may in the eyes of the media or public not have looked obviously "Latino."
104. Id.at3S4n.54.
105. id. (citing GERARDO MARIN & BARBARA VAN Oss MARIN, RESEARCH WITH HISPANIC POPULATIONS 2 (1991)).
106. Puerto Rico, Cuba and the Philippines became U.S. possessions after the U.S. victory in the Spanish-American War. In 1902, Cuba became independent. The Treaty of Paris ratified Puerto Rico's annexation, provided that Congress would define the political and civil rights of the people of the island. In that year Congress made the Puerto Rican people U.S. citizens through the Second Organic Act of 1917, known as the Jones Act In 1952, Puerto Rico achieved commonwealth status.
107. See JOSE A. CABRANES, CITIZENSHIP AND THE AMERICAN EMPIRE 97 n.475 (1979). Th'S process of racial self-identification (as "White") is called blanqueamiento, or whitening.
108. EDUARDO SEDA BONILLA, REQUIEM FOR UNA CULTURA 52 (1970).
109. Hemandez Truyol, supra note 80, at 384 n.54 (quoting MARIN & MARIN, supra note 83, at 2 n.76); see Juan F. Perea, Los Olvidados: On The Making of Invisible People, 70 N.Y.U. L. REV. 965 (1995).
110. Greenfield & Kates, supra note 79, at 683, 699 n.197.
111. George A. Martinez, Mexican Americans and Whiteness, in CRITICAL WHITE STUDIES: LOOKING BEHIND THE MIRROR (Richard Delgado & Jean Stefanie eds., 1997)
112. (citing LEO GREBLER ET AL., THE MEXICAN-AMERICAN PEOPLE 601-02 (1970)).
113. Transfer of Responsibility for Certain Statistical Standards from OMB to Commerce, 43 Fed. Reg. 19, 260, 19, 269 (Department of Commerce 1978) (reissuing Office of Management & Budget's standards as the operating standards of the Department of Commerce). One would have expected this white designation to have afforded a certain status on Mexican Americans, but they experienced many of the same discriminations that African Americans confronted, such as exclusion from public facilities, neighborhoods, and employment opportunities. Martinez, supra note 88.
114. See Martha Menchaca, Chicana Indianism: A Historical Account of Racial Repression in the United States, 20 AMER. ETHNOLOGIST 583 (1993).
115. Id. Since many Mexican Americans are Mestizos, i.e., of Spanish White and Indian mixtures, these laws had a devastating effect on these populations. Id.
116. Carlos Moore, Afro-Cubans and the Communist Revolution, in AFRICAN PRESENCE IN TIE AMERICAS 206-07 (Carlos Moore et al. eds., 1995);
117. see Abdias Do Nascimento, The African Experience in Brazil, in AFRICAN PRESENCE IN THE AMERICAS 101-05 (Carlos Moore et al. eds., 1995).
118. Moore, supra note 92, at 207.
119. Id. at 206.
120. Id.
121. Id.
122. Id.
123. Id. at 207.
124. Id.
125. Id.
126. Id.
127. Id.
128. Jose Carlos Luciano Huapaya, The African Presence in Peru, in AFRICAN PRESENCE IN THE AMERICAS, supra note 92, at 125.
129. Id.
130. Id.
131. Moore, supra note 92, at 210; see Bassette Cayasso, Afro-Nicaraguans Before and After the Sandinista Revolution, in AFRICAN PRESENCE IN THE AMERICAS, supra note 92, at 193 (reporting that a Sandinista leader called the Black Creoles "stupid, ignorant, illiterate monkeys who only lacked tails so that they can be hunted down and shot like animals");
132. Quince Duncan, The Race Question in Costa Rica, in AFRICAN PRESENCE IN THE AMERICAS, supra note 92, at 136-37 ("A good Costa Rican should defend the purity of 'our' white race.") (quoting anti-Black articles appearing in the press);
133. see also F. JAMES DAVIS, WHO IS BLACK? 88-104 (1991).
134. Nascimento, in AFRICAN PRESENCE IN THE AMERICAS, supra note 92, at 98.
135. At the Second World Festival and African Arts and Culture, held in Lagos, one member of the Brazilian military dictatorship's delegation stated: the predominance of the white portion [in the population] is evident, since in Brazil, even though those of mixed race who have a small or large amount of Black or Indian blood, but without one of these group's physical traits, are considered [W]hite. Which demonstrates the absence of any discrimination of racial nature, in terms of the person's ethnic origin. Id. at 103 (quoting MANUEL DIEGUES JUNIOR, A AFRICA NA VIDA E NA CULTURA DO BRASIL) (published by the official Brazilian delegation to Festac 77 and distributed in book form at the Festac Colloquium).
136. DAVIS, supra note 106, at 88.
137. Id.
138. Id.
139. Id. at 89.
140. Id.
141. Id.
142. CARMEN BERNAND, LOS INCAS, PUEBLO DEL SOL 159-61 (1991)
143. (citing MAGNUS MORNER, LE METISSAGE DANS L'HISTOIRE DE L'AMERIQUE LATINE (1971)).
144. Id. at 161.
145. Id. at 159.
146. Id. This conclusion can be reached by recognizing the nomenclature was hierarchical in nature - from "most preferred White" to "least preferred" Black. Id.; see also CHARLES ARNADE, BOLIVIAN HISTORY 34 (1984) (stating that the native Indians "have been the lower classes for centuries" and "have been the victims of harsh exploitation").
147. The population of Bolivia is approximately 55% Indian, 28-30% Mestizo, and 10%-15% White, mainly of Spanish descent. FUNK AND WAGNALLS ENCYCLOPEDIA (Infopedia Future Vision Multimedia 1995). The Indians generally follow the ways of life of his or her ancestors, dressing in traditional handmade garb and often speaking the native Indian language such as Quechua or Aymara. ARNADE, supra note 118, at 40. The Indian usually has a dark com̀plexion. Like the Indian, the Mestizo often has a dark complexion and noticeable Indian features, but speaks Spanish and wears Western clothing, distinguishing him or her from the Indian. Id.
148. The Mestizo or Cholo is part of the rapidly growing middle class. ARNADE, supra note 118, at 40. He or she is often the skilled laborer, the government worker, the union worker, and as in Mexico, is in apparent control of the economy. Id.
149. Id. The Whites primarily descended from the colonial Spaniards and from the Criollos (the children of Spaniards bom in Bolivia) who comprised the landed gentry and the rich merchant class during the Wars of Independence from Spain. Id.
150. Id. at 41.
151. DAVIS, supra note 106, at 100 (asserting that "unmixed Blacks differ racially more from Latin American whites than either Indians" or mixed race people).
152. Id. "The Spanish term morena connotes a type of dark good looks and may reference either a dark Iberian or a mixed race individual. Morena means Moorish and is sometimes defined as the darkest a person can be and still be considered white." Id. In some countries, it is a polite way to say that someone is black. Id.
153. Id. at 103.
154. Id.
155. Id. In some countries, Negra is considered pejorative, and those of African ancestry are called Moreno. Moreno may also be used to refer to someone who is white but has dark hair or is a brunette. Id. at 100, 104.
156. Id. at 103 ("Triguerío connotes a status almost equal to that of blanco, and even some unmixed Whites (as well as Blacks) prefer to be identified by this favorable term.").
157. Id. at 104. I have been told by Latino friends that these categories may go beyond just color of skin and represent a package of traits from eye color, hair color, hair texture, and facial features.
158. In fact, I have asked many of my Latino friends to describe who fits into the different categories. Those from Cuba and Puerto Rico seem to have very broad definition of who is trigueno. Those Latinos from South America have a much more restricted category that covers only those who are really olive-complected.
159. One friend told me that the term trigueno was used in Puerto Rico as a polite way to convey the message that someone was of color and had African or Indian ancestors. Behind the person's back, however, people would be more critical of that person's non-whiteness.
160. DAVIS, supra note 106, at 104.
161. Id.
162. Id.
163. It is a real testament to Latinos that they have remained together as an ethnic group even though there must be strong forces for the whiter ones to become white and the darker ones to become other in the United States.
164. See Angel Oquendo, Comments by Angel Oquendo, 9 LA RAZA L.J. 43 (1996);
165. Deborah Ramirez, Forging a Latino Identity, 9 LA RAZA L.J. 61 (1996).
166. Some of the internal Latino dynamics revolve around ethnic rivalries between and among Cubans, Puerto Ricans, Mexicans, and Central Americans. Even though this rivalry is phrased in terms of ethnic rivalries, some of the subtext involves issues of color. Many of the Cubans, who came over in the early 1960s are whiter in appearance than the Puerto Ricans, Mexicans, and Central Americans who tend to be darker - more African or Indian in appearance. In fact, many of the 1960s Cuban Americans left their island to predominately African and mixed race people.
167. This article will not discuss the level of scrutiny or the type of legal review that a court should undertake in evaluating the claims for this type of discrimination. I believe that this type of analysis turns our current thinking concerning the review of discrimination claims on its head. It will also not discuss the affect that this color strata has on the creation of a multiracial category for the United States census. See Tanya Kateri Hernandez, Multiracial Discourse: Racial Classifications In An Era of Color-Blind Jurisprudence, 56 MD. L. REV. (forthcoming 1997).
168. Genesis 9:18-19.
169. Id. at 9:24-27.
170. Id. at 9:20-25. There is also an "inappropriate" sexual component in this biblical passage, which is not disclosed to the reader. More importantly, the issue of the color or race does not appear in this version of the scripture. However, in the Babylonian Talmud interpretation, the racial and ethnic identity of Ham shifts to African. James H. Sweet, The Iberian Roots of American Racist Thought. 54 WM. & MARY Q. 143, 148 (1997). In that version, Noah says to Ham: "You prevented me from doing that which is done in the dark [i.e., coitus]; accordingly, your seed will be ugly and black." Id. The eighth century version of the Tanhuma gives the story the following version: [A]s for Ham, because he saw with his eyes the nakedness of his father, his eyes became red: and because he spoke with his mouth, his lips became crooked and because he turned his face the hair of his head and his beard became singed and because he did not cover his [father's] nakedness, he went naked and his prepuce became stretched, [all this] because all of God's retributions are commensurate to a transgression. Id. Some commentators believe that the passage contains certain negative stereotypes associated with Africans. See id.
171. Robin Blackburn, The Old World Background to European Colonial Slavery, 54 WM. & MARY Q. 65, 92 (1997) (citing AUGUSTINE, THE CITY OF GOD 87 (Henry Bettenson trans., London, 1984)).
172. Genesis, supra note 139.
173. Sweet, supra note 141, at 148-49.
174. Benjamin Braude, The Sons of Noah and the Construction of Ethnic and Geographical Identities in the Medieval and Early Modern Periods, 54 WM. & MARY Q. 103 (1997)
175. (quoting James Fenton, A Short History of Anti-Hamitism, N.Y. REV. OF BOOKS, Feb. 15,1996, at 7).
176. John M. Kang, Deconstructing The Ideology of White Aesthetics, 2 MICH. J. RACE & L. 283, 299-300 (1997)
177. (citing WINTHROP D. JORDAN, WHITE OVER BLACK: AMERICAN ATTITUDES TOWARD THE NEGRO 1550-1812 (1968)).
178. Kang, supra note 146, at 299-300.
179. JORDAN, supra note 146, at 7.
180. Kang, supra note 146, at 299.
181. Id. at 301.
182. Id.
183. THOMAS JEFFERSON, Notes on Virginia, in THE LIFE AND SELECTED WRITINGS OF THOMAS JEFFERSON 187,256 (Adrienne Koch & William Peden eds., 1944) (emphasis added).
184. Id.
185. Id.
186. Id.
187. See ANNETTE GORDON-REED, THOMAS JEFFERSON AND SALLY HEMMINGS: AN AMERICAN CONTROVERSY (1997). But see WILLIAMSON, supra note 25, at 43-48.
188. Jefferson wrote about his impression of Blacks: In reason [Blacks are] much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of Euclid; and that in imagination they are dull, tasteless, and anomalous.... Never yet could I find that a black had uttered a thought above the level of plain narration; never saw even an elementary trait of painting or sculpture.
189. JEFFERSON, supra note 152, at 187, 256. He believed that Blacks were intellectually inferior to Whites. RONALD T. TAKAKI, IRON CAGES: RACE AND CULTURE IN NINETEENTH CENTURY AMERICA 48 (1979). Jefferson attributed the supposed failings of Blacks to biology rather than the detrimental effects of slavery. Id. These supposed failings were consistent with Jefferson's view that Blacks were ugly. RONALD T. TAKAKI, A DIFFERENT MIRROR: A HISTORY OF MULTICULTURAL AMERICA71-72(1993).
190. Benjamin Franklin, Observations Concerning the Increase of Mankind, People of Countries, Etc., in 3 THE WRITINGS OF BENJAMIN FRANKLIN 63, 73 (Albert H. Smyth ed., 1905) (1751).(emphasis added).
191. Perea, supra note 86, 975-76. Even though most of the following comments refer mostly to Mexican Americans, these same characteristics would probably attributed to many Latinos because Latinos share a mostly mixed race heritage.
192. Id. at 976 (quoting FOREIGNERS IN THEIR NATIVE LAND: HISTORICAL ROOTS OF THE MEXICAN AMERICANS 33 (David J. Weber ed., 1973)).
193. Perea, supra note 86, at 976 (quoting RUFUS B. SAGE, HIS LETTERS AND PAPERS 18361847, (LeRoy R. Hafen & Ann W. Hafen eds., 1956), excerpted in FOREIGNERS IN THEIR NATIVE LAND, supra note 160, at 7,74) (emphasis added). I bet there are no doubts who Mr. Sage thought was more miserable.
194. Perea, supra note 86, at 976-77 (quoting WALTER P. WEBB, THE TEXAS RANGERS: A CENTURY OF FRONTIER DEFENSE 13-14 (2d ed. 1965), excerpted in FOREIGNERS IN THEIR NATIVE LAND, supra note 160, at 77) (emphasis added).
195. See supra Part IV.B.l.
196. See supra Part IV.B.l.
197. See James W. Gordon, Did The First Justice Harlan Have a Black Brother?, 15 W. NEW ENG. L. REV. 159 (1993).
198. The New Face of America, TIME, Sept. 1, 1993 (displaying composite photo on the magazine's cover of a person that looks like either a light-skinned Latina or African-American).
199. Paulette M. Caldwell, A Hair Piece: Perspectives on the Intersection of Race and Gender, 1991 DUKELJ. 365,393 (1991).
200. JUDY SCALES-TRENT, NOTES OF A WHITE BLACK WOMAN: RACE, COLOR, COMMUNITY (1995).
201. HOWARD WILLIAMS, LIFE ON THE COLOR LINE: THE TRUE STORY OF A WHITE BOY WHO DISCOVERED HE WAS BLACK (1995).
202. See SCALES-TRENT, supra note 168; WILLIAMS, supra note 169.
203. See SCALES-TRENT, supra note 168; WILLIAMS, supra note 169.
204. Hemández Tmyol, supra note 80, at 376.
205. The film producers of What's Love Got To Do With It? were worried about Angela Bassett's skin color. Anderson Jones, A Lighter Shade of Sale, ENT. WKLY., Aug. 6,1993, at 40.
206. Id.
207. There of course exists a question of who is light and who is dark. When I have asked friends and family to rate each other's complexions I often get a very broad range of different answers. A lot really depends on who is doing the judging and who they are judging. As result, I asked the respondents to the Color Survey to rate and rank the colors of several famous individuals to see if we could come up with a consensus. Baynes, Color Survey, supra note 12.
208. Michael Hughes & Bradley R. Hertel, The Significance of Color Remains: A Study of Life Chances, Mate Selection, and Ethnic Consciousness Among Black Americans, 68 SOC. FORCES 1105 (1990).
209. Id. These surveys compared the earnings of similarly situated Blacks, i.e., those with about twelve years of education. Id. In addition, an all-Black, male and female professional interviewing staff, trained and supervised by the Survey Research Center, Institute for Social research at the University of Michigan conducted the study. Id.
210. Njeri, supra note 30, at 1.
211. Id.
212. Id.
213. Id.
214. Id. Dr. Alvin Toussaint does not believe that lighter-skinned Blacks are given better treatment by Whites. Id. Dr. Poussaint said that the students at Harvard Medical School run the color spectrum of light-to-dark. Id. He believed that if the students were too light, that might be a problem. He believed that Whites wanted Blacks who looked Black enough. Id. Dr. Poussaint did believe that light skin was an advantage for females because the beauty standards are White. Id.
215. Keith & Herring, supra note 20, at 760.
216. Id.
217. Id.
218. Id. at 767.
219. Id. at 768.
220. Id.
221. Id. at 768-69.
222. Id.
223. Arce et al., supra note 21, at 19.
224. Id.
225. Id. This situation is very complex because in Latin America European Whites have traditionally received more education than non-whites so it is only natural that this may enhance their life chances in the U.S. as compared to non-white Latinos.
226. Id.
227. Id.
228. Id.
229. Id.
230. DOUGLAS S. MASSEY & NANCY A. DENTON, AMERICAN APARTHEID, SEGREGATION AND THE MAKING OF THE UNDERCLASS 11,96-105 (1993).
231. Id.
232. Id.
233. Johnson, supra note 26 (citing Gonzales-Rivera v. INS, 22 F.3d 1441 (9th Cir. 1994) (finding that the Border patrol stopped undocumented Mexican American because of Hispanic appearance)).
234. Edward E. Telles & Edward Murguia, Phenotypic Discrimination and Income Differences Among Mexican Americans, 71 Soc. Sa. Q. 682 (1990).
235. Id.
236. Id.
237. Id.
238. See KATHY RUSSELL ET AL., THE COLOR COMPLEX: THE POLITICS OF SKIN COLOR AMONG AFRICAN AMERICANS chs. 1-3 (1992).
239. Baynes, One Black Man, supra note 24, at 115-18.
240. Id. at 115.
241. This survey is not random and may be biased toward the specific attitudes of the respondents who were drawn from an academic environment in Springfield, Massachusetts. Although the survey was anonymous, there is the possibility of contamination due to the fact that the respondents knew the data would be reviewed. From the scientific perspective, the survey results are purely anecdotal. Nevertheless, the results are significant because they help clarify the attitudes of white individuals on these issues, at this location, at this time. Figures at times may either not add up to or exceed 100%, either because some respondents failed to answer particular questions, checked more than one response, or from rounding out the numbers.
242. Baynes, Color Survey, supra note 12. The following groups responded to the survey: (1) students, (2) faculty, and (3) administrators and staff members. The students consisted of students in my two classes: Critical Race Theory and Property. I also asked other students who were not enrolled in my classes, but were registered as students of color to complete the survey. Finally, I asked one undergraduate social work class to complete the survey. The faculty consisted primarily of law faculty, but also included a few faculty members at the undergraduate college who are members of the campus-wide Diversity Committee. The administrators and staff members consisted of all salary levels of individuals primarily at the Law School but also included a few undergraduate administrators and staff members who are members of the campus-wide Diversity Committee. I also asked all other minority employees of the College to complete the survey. Because there are so few people of color on campus, I wanted to create a big enough pool to make the data more useful and to provide a greater level of anonymity. Forty two percent of the survey respondents were male and 58% were female. This gender disparity may have been due to the very large percentage of women in staff and administrative positions. It also may have occurred if male recipients were less inclined to complete the survey.
243. Id. Of those who listed other as their racial category, respondents described themselves as fitting in the following categories: French Canadian, Latino/Mediterranean, Pacific Islander/White, and a white woman married to an African American.
244. Id. I also asked the respondents whether they thought that Whites noticed the difference in skin color of Blacks. Whites Blacks Latinos Asians Other Yes 84% 60% 83% 75% 50% No 4% 30% 17% 0% 0% Don't Know 12% 10% 0% 25% 50%
245. Id. In contrast, one student who did not identify if he or she was black or white wrote the following: I really do not think of people in shades and degrees of blackness; a person is either Black or they are not. I have wondered if this was written by a black person or a white person. Why did the student not disclose his or her racial identity? If it was written by a White, it seems to suggest that all Blacks are the same and the respondents treat them the same. The comment has the tonal quality suggesting that the student treats all Blacks in a bad manner. It also could be that the particular student was not particularly observant and may perceive black as neutral, neither good nor bad. If it was written by a black student, then he or she seems to be telling me that I am dealing with a taboo subject in mixed company.
246. Place of origin refers to the place that the black person came from, such as a part of Africa, the Caribbean or the United States.
247. See WILLIAMSON, supra note 25, at 192; RUSSELL, supra note 206, at 9-23.
248. Baynes, Color Survey, supra note 12. The question asked was: Do you know whether you are of mixed race ancestry? The black respondents answered in the following mannen Yes 90% Don't Know 10% Of those who indicated that they were of mixed race ancestry, most acknowledged that they were mixed with Whites, and a
249. Fifty percent of the Latinos acknowledged that they were of mixed race origin.
250. A very prominent example of this is the story of Mark Anthony and Cleopatra. Shakespeare even centers one of his plays around the interracial love story of Othello, the Moor, and his wife, Desdemona, a light skinned Florentine. WILLIAM SHAKESPEARE, OTHELLO (Oxford Univ. Press 1996).
251. See supra note 212.
252. One of my white colleagues was very surprised by the array of choices, i.e., very light to very dark. He said that before he read the survey, he did not think that there was such a broad range of categories.
253. Baynes, Color Survey, supra note 12.
254. I also asked the respondents whether they thought that Ms. Williams was biracial - having one black and one white parent. I did this to see whether the responses of the Whites were consistent with my experience at the health club. See supra note 29 and accompanying text. The White responses to this question were as follows: Yes 21% No 17% Don't Know 62% The overwhelming White response was "I don't know" - although of those who ventured an opinion the majority thought like my friends at the health club.
255. Id. I also asked the respondents whether they thought that Colin Powell was biracial -having one black and one white parent. I was most curious about what the Whites thought and their responses were as follows: Yes 10% No 32% Don't Know 58% It is interesting that fewer are willing to say that General Powell is biracial when (I believe) that he has lighter skin than Ms. Williams. This could be attributable to Ms. Williams's green eyes and straightened auburn hair.
256. Id. I also asked whether the respondents thought that Mr. Simpson had any white ancestors. The white respondents answered in the following manner: Yes 15% No 28% Don't Know 57% A majority of Whites answered that they did not know whether Mr. Simpson had any white ancestors. Of those willing to venture an opinion, a large majority answered no. This response is in contrast to those for Ms. Williams and General Powell probably because Mr. Simpson is darker and many Whites believe that one must be very light in order to have white ancestors.
257. See infra note 265 and accompanying text for discussion of Rosie Perez being categorized as medium by Latinos, but very light or light by Blacks.
258. Id. I also asked the white respondents whether they thought that Mr. Rodman had any white ancestors. They answered in the following manner: Yes 11% No 12% Don't Know 77% Again a majority of the white respondents answered that they did not know whether Mr. Rodman has white ancestors, but of those who were willing to venture an opinion they were evenly divided. The percentage of Whites who think that Mr. Rodman has white ancestors is larger than that pertaining to General Powell even though (I believe that) General Powell is much lighter than Mr. Rodman. This might be attributable to the fact that Mr. Rodman often sports a blond hair style. Interestingly, one of my white colleagues told me that he described Mr. Rodman as light because Mr. Rodman dyes his hair blond, so he must be light-skinned.
259. Baynes, Color Survey, supra note 12.
260. I also asked the white respondents whether they believed that Justice Thomas had any white ancestors. The composite White responses were as follows: Yes 10% No 26% Don't Know 64% Again, an overwhelming number of white respondents answered that they did not know. Of those willing to venture an opinion, a very large percentage believed that he does not have any white ancestors. They are probably basing this on Justice Thomas's very dark appearance.
261. Id. I also asked the white respondents whether they though that Ms. Goldberg had any white ancestors. The composite White responses were as follows: Yes 6% No 32% Don't Know 62% Again, an overwhelming majority answered that they did not know. Of those who were willing to venture an answer a very large majority believed that Ms. Goldberg did not have white ancestry. This may have to do with Ms. Goldberg's very natural appearance, i.e., dreadlocks. The white respondents may see her as darker or more African than she is because she wears her hair in a natural style.
262. See supra note 76 and accompanying text.
263. See Leonard M. Baynes, A Time To Kill, The O.J. Simpson Trials, and Storytelling to Juries, 17 LOY. L.A. ENT. L.J. 549, 560 n.60 (1997).
264. See supra Part IV.A.
265. See supra Part VI.B.2.
266. See supra Part VI.B.2.b.
267. See supra Part VI.B.2.
268. See supra Part VI.B.2.
269. See supra Part VI.B.2.b.
270. See supra Part VI.B.2.b.
271. See supra Part VI.B.2.
272. See supra Part VI.B.2.b. This divergence compares nicely with the divergence that Blacks and Latinos have with Rosie Perez and Jimmy Smits. The Latinos saw Ms. Perez and Mr. Smits as medium in complexion and black respondents saw them as light or very light. See infra Part VI.C.2.a.
273. See Baynes, Color Survey, supra note 12.
274. Id. A handful of Whites wrote in the comment section of the Color Survey that they thought that this question was biased because Whites are not monolithic in opinion, and I was asking them how other Whites think.
275. Id. I also asked the respondents the question in reverse, i.e., "How do you think Whites treat light-skinned Blacks in comparison to dark-skinned Blacks?" and the results were the mirror image. Across racial and ethnic lines, the respondents generally thought that light-skinned Blacks were treated better by Whites. The percentages, however, were a little lower, which suggests that respondents know that all Blacks are treated badly by Whites.
276. I also asked the survey respondents whether they thought that Blacks treat each other differently based on skin color. The survey results were as follows: Yes No No Difference Don't Know Whites 55% 5% 3% 37% Blacks 90% 0% 0% 10% Latinos 58% 0% 25% 17% Asians 50% 13% 13% 25% Other 100%. 0% 0% 0% Id. A majority across racial and ethnic groups believe that Blacks treat each other differently based on skin color. The size of the majorities vary between Blacks and the other category with the highest percentages and Whites, Latinos, and Asians. However, the differences in the size of the majorities may have to do with lack of knowledge since there was a very large minority answer of "Don't Know" among the non-black respondents. I then asked the respondents how they felt about how Blacks treated dark-skinned Blacks compared to light-skinned Blacks. Better Worse No Difference Don't Know Whites 17% 21% 10% 52% Blacks 10% 80% 0% 10% Latinos 17% 33% 17% 33% Asians 0% 12% 25% 63% Other 0% 25% 0% 75%
277. Id. A substantial majority of the Blacks surveyed thought that Blacks treated dark-skinned Blacks worse than light-skinned Blacks. The Latinos agreed but by a much lower percentage. The Whites, Asians and those who listed themselves as other generally did not know the answer to the question. These percentages illustrate a lack of knowledge-of the Black culture or perhaps a hesitancy to make generalized statements about something that people feel that they do not know enough. For example, after completing the survey one of my students told me that she felt that she did not know enough. She stated, "What do I know as a white girl!"
278. For instance, one question on the survey asked the respondents if they would feel any differently if they discovered that they were of mixed race. One of the white respondents was troubled that she might feel differently, and in the comment section worried about what I would think even though the Color Survey was anonymous. Id.
279. Charles R. Lawrence ID, The Id, The Ego. and Equal Protection: Reckoning With Unconscious Racism, 39 STAN. L. REV. 317 (1987).
280. Id. at 322.
281. Id. at 340.
282. W.at 388 n.97.
283. See Baynes, Color Survey, supra note 12.
284. See id. I also asked the respondents whether they thought that whites noticed the different skin coloration of Latinos. Yes No Don't Know Whites 55% 19% 26% Blacks 60% 20% . 20% Latinos 83% 0% 17% Asians 63% 25% 12% Other 50% 50% 0% Id.
285. Id.
286. Id.
287. See supra Part VI.B.1.
288. Baynes, Color Survey, supra note 12.
289. In Spanish, olive-complected person is called a trigueńo. See supra note 128 and accompanying text.
290. Don Hayner, Stranded Between 2 Cultures Series: The Great Divide (Standard), CHICAGO SUN-TIMES, Jan. 12, 1993, at 18;
291. see also Alisa Valdes, Past Empowers Black Latinos While Proud of Their African Roots. Many Face Prejudice from All Sides, BOSTON GLOBE, Mar. 3, 1997, at B1 (discussing prejudice black Latinos must face).
292. By place of origin, I meant the place that the Latino came from, such as South America, Central America, Caribbean, and Spain. Baynes, Color Survey, supra note 12
293. Id.
294. See JOHN HOPE FRANKLIN, FROM SLAVERY TO FREEDOM A HISTORY OF NEGRO AMERICAN 115 (3d ed. 1967).
295. Id. at 69-70.
296. Id. at 357-60.
297. Id. at 358.
298. The Whites did the same thing with Blacks by attributing place of origin as the primary reason for the skin color variations. See supra notes 215-18 and accompanying text. Again, this is because they determine their own ancestry in that manner.
299. Baynes, Color Survey, supra note 12.
300. See Deborah Ramirez, Forging a Latino Identity, 9 LA RAZA LJ. 61, 61-62 (1996).
301. I also asked the respondents whether they thought Ms. Perez had white ancestors. The responses are as follows: Yes No Don't Know Whites 17% 8% 75% Blacks 60% 10% 30% Latinos 25% 25% 50% Asians 13% 13% 75% Other 0% 0% 100%
302. Baynes, Color Survey, supra note 12. These results are very interesting. Most of the Whites do not know who Rosie Perez is - which is why there is such a large response of "Don't Know." A very large percentage of the Blacks see Ms. Perez's very light skin and say that she must be part white. In contrast, most Latinos say that they do not know, and of those willing to give an opinion are equally divided. For the Latinos they see Ms. Perez's African facial features, and they are hesitant in saying that she is mixed. In fact several of the Latinos who I spoke to on this issue placed Ms. Perez in the "mulatta" category. Id.
303. I also asked the respondents whether they thought that Mr. Smits had white ancestors. The responses were as follows: Yes No Don't Know Whites 17% 14% 69% Blacks 70% 10% 20% Latinos 33% 25% 42% Asians 13% 75% 13% Other 0% 0% 100%
304. Id. Only the black respondents are more likely to say that Mr. Smits has white ancestry. In each of the other groups the most prevalent answer was "Don't know." The Latinos were more likely to have the opinion that Mr. Smits has white ancestors more than any other group than the Blacks. Id.
305. I also asked the respondents whether they thought that Pele had white ancestors. The composite responses were as follows: Yes No Don't Know Whites 6% 14% 81% Blacks 10% 40% 50% Latinos 8% 33% 58% Asians 12% 38% 50% Other 0% 0% 100%
306. Id. Most respondents answered that they did not know whether Pele has white ancestors. Blacks, Latinos, and Asians were more likely to say that he probably does not have any white ancestors. This opinion is probably based on the darkness of Pele's skin.
307. My mother's Aunt Icy passed for white when she entered the United States. Baynes, One Black Man, supra note 24, at 123.
308. As with the comfort level with Blacks, most Whites answered that they did not have a different comfort level or felt no differently against Latinos based on the color of their skin. As with the answers concerning Blacks, these responses raise the same issues of contamination and denial. See supra Part VI.B.3.a.
309. See Buffy Spencer et al., Our Region 34th Worst in Nation, SPRINGFIELD SUNDAY REPUBLICAN, Mar. 22,1992, at Bl.
310. See Ramirez, supra note 264, at 62.
311. Spencer et al., supra note 270.
312. Baynes, Color Survey, supra note 12.
313. Id. I also asked the respondents the question in reverse, i.e., How do you think Whites treat light-skinned Latinos in comparison to dark-skinned Latinos? and the results were the mirror image. Across racial and ethnic lines, the respondents generally thought that light-skinned Latinos were treated better by Whites. The percentages, however, were a little lower, which suggests that respondents know that all Latinos are treated badly by Whites. Id.
314. Id.
315. See generally Perea, supra note 86 (discussing the creation of Latino invisibility).
316. See Kevin R. Johnson, Aliens and the U.S. Immigration Laws: The Social and Legal Construction of Nonpersons, 28 U. MIAMI INTER-AM. L. REV. 263 (1997).
317. I also asked the survey respondents whether they thought that Latinos treated each other differently based on skin color. The survey results are as follows: Yes No No Difference Don't Know Whites 19% 14% 0% 68% Blacks 60% 10% 0% 3% Latinos 75% 25% 0% 0% Asians 25% 12% 0% 63% Other 25% 25% 0% 50%
318. Baynes, Color Survey, supra note 12.1 asked the respondents how they felt Latinos treated dark-skinned Latinos compared to light-skinned Latinos. Better Worse No Difference Don't Know Whites 3% 12% 17% 68% Blacks 0% 60% 10% 30% Latinos 0% 75% 17% 8% Asians 0% 12% 12% 75% Other 0% 25% 25% 50%
319. Id. Overwhelming percentages of white and Asian Pacific respondents know very little about Latinos even though Latinos are the largest minority group in Massachusetts. This is evidenced by their answering Don't Know or their failure to respond to the question. Some Whites, however, did know about the internal Latino preference for lighter skin. One white student wrote in the comment section of the survey: When I was an exchange student at the University of Puerto Rico, the UPR administrator who did our orientation told us that lighter-skinned Puerto Ricans are of higher social status than darker-skinned and that we should try to associate with the lighter-skinned classmates. Id. The Black respondents, by recognizing the colorism in the Latino community, seem to know the Latino community better than either Whites or Asian Pacific Americans. This is probably attributable to the fact that Blacks and Latinos often live in close proximity to each other. For instance, one black student wrote in the comment section of the survey: I currently work with a fair number of Latinos and generally their comments and attitudes are very color biased with regard to what is more acceptable within their race. Id. Seventy-five percent of Latinos found that Latinos discriminated against darker-skinned Latinos. In the comment section, several of them wrote very moving comments. For instance, one student who listed herself as Latino/Mediterranean said: [La]tinos, generally deny or don't want to be associated with any indigenous blood. The term Indio in Venezuela, for ex., is intended to mean stupid or dense. My mother's father was from Spain-blond, blue eyed. My grandmother was indigenous and was bought by him at age 12.1 don't know much about him since he died when my mom was a small child. My grandmother also died in her early 30s but somehow spiritually I have more of a connection to her... .In fact I'm proud to have that connection to... her 'blood.' Id.
320. Id.
321. See supra note 4 and accompanying text
322. See Baynes, Color Survey, supra note 12.
323. See supra Part IV.
324. See Chang, supra note 6; Ramirez, supra note 6; Wu, supra note 6.
325. See discussion supra Part V.
326. See discussion supra Parts V.C-D.
327. See Baynes, Color Survey, supra note 12.
328. Id.
329. Id.
330. Id.