From tainted to sainted: The view of interracial relations as cultural evangelism

Wisconsin Law Review

Volumn 2007, Issue 2, 2007, Pages 489-531

  Goel, Rashmi ^a  

^a UNIVERSITY OF DENVER   (United States)

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EID: 38049129759     PISSN: 0043650X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (322)

1. See 388 U.S. 1 (1967).
2. Section 20-57 of the Virginia Code provided that "All marriages between a white person and a colored person shall be absolutely void without any decree of divorce or other legal process." VA. CODE ANN. § 20-57 (1960 Repl. Vol.). Section 20-54 of the Virginia Code provided, It shall hereafter be unlawful for any white person in this State to marry any save a white person, or a person with no other admixture of blood than white and American Indian. For the purpose of this chapter, the term "white person" shall apply only to such person as has no trace whatever of any blood other than Caucasian; but persons who have one-sixteenth or less of the blood of the American Indian and have no other non-Caucasic blood shall be deemed to be white persons. All laws heretofore passed and now in effect regarding the intermarriage of white and colored persons shall apply to marriages prohibited by this chapter. Id. § 20-54.
3. See, e.g., Naim v. Naim, 87 S.E.2d 749, 756 (1955); State v. Pass, 121 P.2d 882, 884 (Ariz. 1942); Ferrall v. Ferrall, 69 S.E. 60, 63 (N.C. 1910).
4. When the Court decided Loving, Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Missouri, Mississippi, South Carolina, North Carolina, Oklahoma, Tennessee, Texas, Virginia, and West Virginia each had antimiscegenation laws. See Robert A. Destro, Introduction to Symposium, Law and the Politics of Marriage: Loving v. Virginia After 30 Years, 47 CATH. U. L. REV. 1207, 1208 (1998).
5. For further information on the personal story of the Lovings, see Robert A. Pratt, Crossing the Color Line: A Historical Assessment and Personal Narrative of Loving v. Virginia, 41 HOW. L.J. 229 (1998).
6. See Loving, 388 U.S. at 11-12.
7. See, e.g., David Orgon Coolidge, Playing the Loving Card: Same-Sex Marriage and the Politics of Analogy, 12 BYU J. PUB. L. 201 (1998).
8. See PAUL GOODMAN, OF ONE BLOOD: ABOLITIONISM AND THE ORIGINS OF RACIAL EQUALITY 1-2 (1998);
9. YO JACKSON, ENCYCLOPEDIA OF MULTICULTURAL PSYCHOLOGY 328 (2006).
10. See RHODA LOIS BLUMBERG, CIVIL RIGHTS: THE 1960s FREEDOM STRUGGLE (1984).
11. See, e.g., Grutter v. Bollinger, 539 U.S. 306 (2003); Gratz v. Bollinger, 539 U.S. 244 (2003).
12. See, e.g., RANDALL KENNEDY, INTERRACIAL INTIMACIES: SEX, MARRIAGE, IDENTITY, AND ADOPTION 36-37 (2003);
13. RENEE CHRISTINE ROMANO, RACE MIXING: BLACK-WHITE MARRIAGE IN POSTWAR AMERICA 2-3 (2003).
14. KENNEDY, supra note 11, at 126.
15. The most recent census data indicate that biracial unions increased 65 percent between 1990 and 2000. See WILLIAM H. FREY, THE MILKEN INSTITUTE REVIEW, THIRD QUARTER 7-10 (2003);
16. see also After 40 Years, Interracial Marriage Flourishing, MSNBC.COM, Apr. 15, 2007, http://www.msnbc.msn.com/id/18090277/.
17. Randall Kennedy, How Are We Doing with Loving?: Race, Law, and Intermarriage, 77 B.U. L. REV. 815, 819 (1997).
18. Recent studies have indicated an increasing social comfort with interracial dating. See, e.g., Alison Stein Wellner, Pop. Ref. Bur., U.S. Attitudes Toward Interracial Dating Are Liberalizing, PRB.ORG, June 2005, http://www.prb.org/Articles/2005/ USAttitudesTowardInterracialDatingAreLiberalizing.aspx.
19. The concept of the Other, used to refer to the created identity that is antithetical to the Self, yet part of the act in defining the Self, was first posited by the German philosopher G.W.F. Hegel. This concept was built upon and taken up in philosophy by writers such as Jean-Paul Sartre and Jacques Derrida. See JEAN-PAUL SARTRE, TRANSCENDENCE OF THE EGO (Farrar Straus & Giroux ed. 1957) (1937);
20. JACQUES DERRIDA, POSITIONS (Alan Bass trans. 1981);
21. see also HOMI K. BHABHA, THE LOCATION OF CULTURE 44 (1994). Postcolonial theorists then adopted the term and it is used extensively in the dialectic of White Self-Colored Other.
22. See, e.g., FRANTZ FANON, BLACK SKIN, WHITE MASKS (C.L. Markham trans., 1986);
23. EDWARD SAID, ORIENTALISM (1978).
24. See, e.g., KENNEDY, supra note 11, at 37; ROMANO, supra note 11, at 2; LORETTA I. WINTERS & HERMAN L. DEBOSE, NEW FACES IN A CHANGING AMERICA: MULTIRACIAL IDENTITY IN THE 21ST CENTURY 91 (2003).
25. There are many significant historical events and institutions which have contributed to modern day life. These four are particularly significant because of the ways in which race was used to define relations and further particular agendas on a global scale, the effects of which are still evident today.
26. Although explorers had visited Asia by the 1200s, it was not until the 1400s that "travel was systematized by governments and merchant companies." GREAT AGES OF MAN: AGE OF EXPLORATION 11-12, 103 (JOHN R. HALE, ED., 1971) [hereinafter AGE OF EXPLORATION].
27. For further discussion of this era, see JOHN LARNER, MARCO POLO AND THE DISCOVERY OF THE WORLD 8-30 (1999); FELIPE FERNÁNDEZ-ARMESTO, PATHFINDERS: A GLOBAL HISTORY OF EXPLORATION 153-245 (2006);
28. THE ENCYCLOPEDIA OF WORLD HISTORY: ANCIENT, MEDIEVAL, AND MODERN 387, 409 (Peter N. Stearns et al. eds., 6th ed. 2001) [hereinafter ENCYCLOPEDIA OF WORLD HISTORY].
29. See generally 5 HISTORY OF HUMANITY: SCIENTIFIC AND CULTURAL DEVELOPMENT: FROM THE SIXTEENTH TO THE EIGHTEENTH CENTURY (P. Burke & H. Inalcik eds., 2005).
30. For a discussion of the slave trade era, see JOHN HOPE FRANKLIN & ALFRED A. MOSS, JR., FROM SLAVERY TO FREEDOM: A HISTORY OF NEGRO AMERICANS 27-63 (6th ed. 1988);
31. JAMES A. RAWLEY & STEPHEN D. BEHRENDT, THE TRANSATLANTIC SLAVE TRADE: A HISTORY 365 (2005);
32. ENCYCLOPEDIA OF WORLD HISTORY, supra note 19, at 390.
33. For a discussion of Christian missions and the era of Western development, see ENCYCLOPEDIA OF WORLD HISTORY, supra note 19, at 642.
34. I am not speaking here of conscious individual viewpoints, but rather the view held subconsciously by the community - particularly the majority community - with respect to people of color generally and interracial relations in particular. This has previously been referred to as "unconscious racism." See, e.g., Charles R. Lawrence III, The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism, 39 STAN. L. REV. 317 (1987);
35. Richard Salgado, Dan the Xenophobe Rides the A-Train, or the Modern, Unconscious Racist in "Enlightened America," 15 AM. U. J. GENDER SOC. POL'Y & L. 69 (2006).
36. The notion of marrying up through color is not a new one. See, e.g., POPULAR EXPRESSION AND NATIONAL IDENTITY IN PUERTO RICO: THE STRUGGLE FOR SELF, COMMUNITY, AND NATION 225 (1998).
37. See Margaret E. Montoya, Of "Subtle Prejudices," White Supremacy, and Affirmative Action: A Reply to Paul Butler, 68 U. COLO. L. REV. 891, 906 (1997);
38. Michael Poulshock, The Struggle Within the Struggle: White Supremacy in the Movement for Racial Justice, 14 TEMP. POL. & C.R. L. REV 259, 279-80 (2004).
39. See Loving v. Virginia, 388 U.S. 1, 11-12 (1967).
40. A popular view of multiculturalism holds that racial and cultural diversity is an opportunity for cultural exchange and, thus, mutual enrichment. Respect for difference is an essential ingredient in this view. See Ayelet Shachar, Two Critiques of Multiculturalism, 23 CARDOZO L. REV. 253, 257-58 (2001).
41. See infra Part II.
42. Interracial relations in general have not progressed very far. A Department of Justice report revealed that between 1997 and 1999, race motivated 61 percent of hate crimes and that ethnicity motivated an additional 11 percent. The report additionally found that "[y]ounger offenders were responsible for most hate crimes. Thirty-one percent of violent offenders and 46% of property offenders were under age 18." KEVIN J. STROM, U.S. DEP'T OF JUSTICE, HATE CRIMES REPORTED IN NIBRS, 1997-99, at 1 (2001). These statistics are particularly revealing, as we generally presume that things are getting better and it is the older generation, born prior to 1960, that harbors racist attitudes.
43. See, e.g., After 40 Years, Interracial Marriage Flourishing, supra note 18 (asserting that older people are less likely to marry outside of their race).
44. It is difficult for us to asses the level of racism when we are unsure what qualifies as racism. A quick scan of the daily news reveals the brewing controversy over "what is racist?" For example, Senator Joseph Biden's recent remarks about presidential hopeful Senator Barack Obama being "articulate" were taken by some as racist, and ultimately Biden apologized, but the caveat was always that he did not mean anything by it. Adam Nagourney, Biden Unwraps '08 Bid With an Oops!, N.Y. TIMES, Feb. 1, 2007, at A1.
45. Like eras with respect to history, these archetypes represent significant modes of organization with respect to race relations. Accordingly, this Article uses capitalization to demonstrate this importance. Although missionaries are no less a part of American history than the slave trade, the Missionary-Heathen model has not been previously used to analyze race relations. Commentators have used the other archetypes mentioned - Civilized-Savage, Colonizer-Subject, and Master-Slave - in their discussions of race relations. See, e.g., Stephen Slemon, The Scramble for Post-Colonialism, in THE POST-COLONIAL STUDIES READER 45 (Bill Ashcroft et al. eds., 1995) (stating that the goal and function of postcolonial theory is to use the colonial relationship to better explain human relations and identity formation);
46. Ariela Gross, "Like Master, Like Man": Constructing Whiteness in the Commercial Law of Slavery, 1800-1861, 18 CARDOZO L. REV. 263, 298-99 (1996) (addressing how slavery laws helped to construct the identity of whiteness).
47. DAVID C. BERLINER & BRUCE J. BIDDLE, THE MANUFACTURED CRISIS: MYTHS, FRAUD, AND THE ATTACK ON AMERICA'S PUBLIC SCHOOLS 230 (1995).
48. See generally ANIA LOOMBIA, COLONIALISM/POSTCOLONIALISM 123-32 (1998) (remarking on the power of history to create images in our subconscious).
49. SUSAN FISKE & SHELLEY TAYLOR, SOCIAL COGNITION 139 (1984) (arguing that assumptions about others allow us all to function).
50. Id. at 163-64.
51. RACHEL F. MORAN, INTERRACIAL INTIMACY: THE REGULATION OF RACE & ROMANCE 85 (2001);
52. see also Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity, Adoption, 17 HARV. BLACKLETTER L.J. 57, 75 (2001) ("Some champions of African American advancement also believed that actively challenging anti-miscegenation laws would be seen as a manifestation of blacks' supposed desire not only to be equal to whites but also to be intimate with whites or actually to become white.").
53. Much has been written about traditional marriage as a tool of patriarchy. See, e.g., Danielle Kie Hart, Same-Sex Marriage Revisited: Taking a Critical Look at Baehr v. Lewin, 9 GEO. MASON U. C.R. L.J. 1, 74 (1998);
54. JUDITH M. BENNETT, HISTORY MATTERS: PATRIARCHY AND THE CHALLENGE OF FEMINISM 54 (2006); STEVEN M. TIPTON & JOHN WITTE, FAMILY TRANSFORMED: RELIGION, VALUES, AND SOCIETY IN AMERICAN LIFE 257 (2005).
55. Admittedly, there is a strong body of literature that posits all traditional marriage is a tool of patriarchy, and that gender plays a significant role in division of labor and decision-making in most American families. See, e.g., AUDREY D. SMITH & WILLIAM JAMES REID: ROLE SHARING MARRIAGE 2 (1986).
56. See, e.g., KENNEDY, supra note 11, at 37; ROMANO, supra note 11, at 2. LORETTA I. WINTERS & HERMAN L. DEBOSE, NEW FACES IN A CHANGING AMERICA: MULTIRACIAL IDENTITY IN THE 21ST CENTURY 91 (2003).
57. See, e.g., 8 C.F.R. § 312.1(a) (2007) (requiring the ability to speak English and pass an examination on U.S. history).
58. MORAN, supra note 36, at 128.
59. Reisman v. Tenn. Dep't Human Servs., 843 F. Supp. 356, 363-64 (1993).
60. In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953 (D. Tenn. Jan. 23, 2007).
61. See supra notes 18-22 and accompanying text. Historicity has been omitted except as to the extent necessary to sketch the four archetypes of race relations.
62. AGE OF EXPLORATION, supra note 19, at 165-67.
63. Although Marco Polo wrote stories of his early exploration of China in the thirteenth century, see, e.g., LARNER, supra note 19, app. at 187-90 (reprinting one of Marco Polo's stories), the Age of Exploration is usually associated with the rise in state organization and sponsorship of the endeavor. See J.H. Parry, Introduction to AGE OF EXPLORATION, supra note 19;
64. see also WILLIAM BRANDON, NEW WORLDS FOR OLD: REPORTS FROM THE NEW WORLD AND THEIR EFFECT ON THE DEVELOPMENT OF SOCIAL THOUGHT IN EUROPE, 1500-1800, at 5-18 (1986).
65. See Richard T. Rapp, The Unmaking of the Mediterranean Trade Hegemony: International Trade Rivalry and Commercial Revolution, 35 J. ECON. HIST. 499, 499-505 (1975).
66. See NORMAN DAVIES, EUROPE: A HISTORY 451 (1996).
67. HISTORICAL DICTIONARY OF EUROPEAN IMPERIALISM 689-94 (James S. Olson et al. eds., 1991).
68. See David B. Quinn, The Argument for the English Discovery of America Between 1480 and 1494, 127 GEOGRAPHIC J. 277, 283 (1961).
69. HISTORICAL DICTIONARY OF EUROPEAN IMPERIALISM, supra note 49, at 689-94; see FERNÁNDEZ-ARMESTO, supra note 19, at 193-244.
70. AGE OF EXPLORATION, supra note 19, at 70-71.
71. See generally Rapp, supra note 47, at 499.
72. See id. at 499-500.
73. AGE OF EXPLORATION, supra note 19, at 70-71.
74. See, e.g., AMERIGO VESPUCCI, MONDUS NOVUS (1504),
75. reprinted in TRAVEL NARRATIVES FROM THE AGE OF DISCOVERY: AN ANTHOLOGY, at 220 (Peter C. Mancall, ed., 2006) [hereinafter TRAVEL NARRATIVES].
76. It should be noted that Native Americans occupy some middle space here by virtue of their "noble savage" status. Native Americans were actually considered unsuitable as slaves. The difference in the way Native American tribes and African tribes were viewed may well be due to the interest of the explorer in the land held by these communities. See NICHOLAS THOMAS, COLONIALISM'S CULTURE: ANTHROPOLOGY, TRAVEL AND GOVERNMENT 33-35 (1994).
77. See WILLIAM A. JAMES SR., THE SKIN COLOR SYNDROME AMONG AFRICAN-AMERICANS 67-68 (2003). Though these impressions no longer serve as the keystone of race relations, their echoes allow for the fetishization and hypersexualization of the colored body.
78. For an interesting discussion of the fetishization of the black body, especially in its relation to the white body, see Camille Nelson, Lovin' the Man: Examining the Legal Nexus of Irony, Hypocrisy, and Curiosity, 2007 WIS. L. REV. 543.
79. See Mitch Keller, The Scandal at the Zoo, N.Y. TIMES, Aug. 6, 2006, at 14;
80. "Hottentot Venus" Goes Home, BBC NEWS, Apr. 29, 2002, http://news.bbc.co.uk/2/hi/europe/1957240.stm (recounting the story of the Hottentot Venus, an African woman put on display during the nineteenth century).
81. ANNA MEIJKNECHT, TOWARDS PERSONALITY: THE POSITIONS OF MINORITIES AND INDIGENOUS PEOPLES IN INTERNATIONAL LAW 17-18 (2001).
82. Id.
83. See JAMES, supra note 58, at 68.
84. See TRAVEL NARRATIVES, supra note 56, at 33-34; THOMAS, supra note 57, at 134.
85. RICHARD H. ROBBINS, GLOBAL PROBLEMS AND THE CULTURE OF CAPITALISM 115 (Jennifer Jacobson ed., 3d ed. 2005).
86. See KENNEDY, supra note 11, at 175-76.
87. See generally Kimberlé Crenshaw, Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, 43 STAN. L. REV. 1241, 1271 (1991).
88. ROBBINS, supra note 64, at 77.
89. Id.
90. JULIE A. MATTHAEI & TERESA L. AMOTT, RACE, GENDER, AND WORK: A MULTI-CULTURAL ECONOMIC HISTORY OF WOMEN IN THE UNITED STATES 144 (1996).
91. JAMES, supra note 58, at 69. Of course, not everyone thinks it is shameful; some wish we could return to these days. See, e.g., BORAT: CULTURAL LEARNINGS OF AMERICA FOR MAKE BENEFIT GLORIOUS NATION OF KAZAKHSTAN (20th Century Fox 2006) (featuring a rodeo patron who took a positive view of slavery).
92. AFRICAN AMERICAN POLITICAL THOUGHT, 1890-1930: WASHINGTON, DU BOIS, GARVEY, AND RANDOLPH 142 (Cary D. Wintz et al. eds., 1996) ("Here for a long time [slavery] was immensely profitable and the whole country, north and south and west, shared in this prosperity built on slavery.").
93. See A. LEON HIGGINBOTHAM, JR., IN THE MATTER OF COLOR: RACE AND THE AMERICAN LEGAL PROCESS: THE COLONIAL PERIOD 20 (1978).
94. See id. at 314; L. EDWARD PURCELL, IMMIGRATION 8 (1995).
95. CHARLES A. TAYLOR, JUNETEENTH: A CELEBRATION OF FREEDOM 3 (2002).
96. JEREMY BLACK, THE BRITISH SEABORNE EMPIRE 68 (2004).
97. ANNE C. BAILEY, AFRICAN VOICES OF THE ATLANTIC SLAVE TRADE: BEYOND THE SILENCE AND THE SHAME 51 (2005).
98. WINTHROP D. JORDAN, WHITE OVER BLACK, 45, 91 (1995);
99. JACK BEECHING, OPEN PATH: CHRISTIAN MISSIONARIES, 1515-1914, at 145 (1979).
100. JORDAN, supra note 77, at 229.
101. Id.
102. Id. at 305.
103. Id. at 307; JAMES, supra note 58, at 8.
104. GREGORY BLUE ET AL., COLONIALIZATION AND THE MODERN WORLD: SELECT STUDIES 5 (2002).
105. Id.
106. STEWART C. EASTON, THE RISE AND FALL OF WESTERN COLONIALISM 3-5 (1964).
107. EDWARD W. SAID, CULTURE AND IMPERIALISM 8 (1994);
108. ELLA SHOHAT & ROBERT STAM, UNTHINKING EUROCENTRISM: MULTICULTURALISM AND THE MEDIA 16 (1994). It appears that only a few countries completely escaped European colonial rule: Iran, Japan, Thailand, Turkey, Liberia, Ethiopia, China, and Afghanistan. See Summary of Colonization, http://mason.gmu.edu/~ssheers/colonizedby.htm (citing CIA, THE CIA WORLD FACTBOOK (2007)) (last visited Sept. 27, 2007).
109. The British Commonwealth of Nations includes countries such as Pakistan, Nigeria, South Africa, Australia and New Zealand. See e.g. EDMUND J. OSMAANCZYK & ANTHONY MANGO, ENCYCLOPEDIA OF THE UNITED NATIONS AND INTERNATIONAL AGREEMENTS 418 (2003).
110. See JOHN BRIGHT, A HISTORY OF ISRAEL (2000).
111. For a discussion of the political alliances forged among colonized nations, see VIJAY PRASHAD, THE DARKER NATIONS: A PEOPLE'S HISTORY OF THE THIRD WORLD (2007).
112. See, e.g., PETER S. WELLS, THE BARBARIANS SPEAK: HOW THE CONQUERED PEOPLES SHAPED ROMAN EUROPE 197 (1999). The Roman Empire had as many barbarians - so called because of their inability to speak Latin - as subjects. See id. at 100.
113. See id. at 100.
114. THOMAS, supra note 57, at 13, 37.
115. See BHABHA, supra note 16, at 59.
116. RUDYARD KIPLING, The White Man's Burden, in SELECTED POETRY 127 (Craig Raine ed., 1992).
117. See, e.g., SAID, supra note 16, at 31-34 (discussing Arthur James Balfour's lecture to the House of Commons detailing similar rationales).
118. ROBBINS, supra note 62, at 89.
119. See JOSEPH R. BARNDT, DISMANTLING RACISM: THE CONTINUING CHALLENGE TO WHITE AMERICA 63 (1991).
120. See FANON, supra note 16, at 17.
121. EDWARD W. SAID, HUMANISM AND DEMOCRATIC CRITICISM (2004);
122. EDWARD W. SAID, FREUD AND THE NON-EUROPEAN (2003).
123. STEPHEN MORTON, GAYATRI SPIVAK: ETHICS, SUBALTERNITY AND THE CRITIQUE OF POSTCOLONIAL REASON 15 (2007).
124. BHABHA, supra note 16 at 95.
125. The history of the missionary is well established, dating from the earliest days of Christianity. See, e.g., HAROLD R. COOK, MISSIONARY LIFE AND WORK 162-63 (1959);
126. GERALD A. ARBUCKLE, EARTHING THE GOSPEL: AN INCULTURATION HANDBOOK FOR PASTORAL WORKERS 9 (1990) ("Mission connotes a sending of persons, with authority, to preach the salvation of Christ in accordance with the text [in Romans].").
127. For varying accounts of the Great Commission as commanded by Jesus, see Eugene J. Fisher, Historical Developments in the Theology of Christian Mission, in CHRISTIAN MISSION-JEWISH MISSION 9-10 (Martin A. Cohen & Helga Croner eds., 1982);
128. JULIAN PETTIFER & RICHARD BRADLEY, MISSIONARIES 12 (1990).
129. David M. Stowe, A Contemporary Understanding of Mission from a Protestant Orientation and Tradition, in CHRISTIAN MISSION-JEWISH MISSION, supra note 102, at 80;
130. PETTIFER & BRADLEY, supra note 102, at 15; CHARLES HENRY ROBINSON, HISTORY OF CHRISTIAN MISSIONS 1 (Charles Scribner's Sons 1915).
131. Matthew 28:19; see also Mark 16:15.
132. Acts 15:36-41; ROBINSON, supra note 103, at 17.
133. See, e.g., Ralph D. Winter & Bruce A. Koch, Finishing the Task: The Unreached Peoples Challenge, in PERSPECTIVES ON THE WORLD CHRISTIAN MOVEMENT: A READER 509, 509 (Ralph D. Winter & Steven C. Hawthorne eds., 3d ed. 1999) ("The number of believers in what used to be 'mission fields' now surpasses the number of believers in the countries from which missionaries were originally sent."). Some faiths, such as Mormonism, even require adherents to proselytize.
134. See, e.g., Stephanie Conley, From Myths to Missionaries: Taking a Look at the Truth About Mormonism, UNIV. OF NEB.- OMAHA GATEWAY, Feb. 2, 2007, available at http://media.www.unogateway.com/media/storage/paper968/news/2007/02/02/People/ From-Myths.To.Missionaries.Taking.A.Look.At.The.Truth.About.Mormonism-2693515. shtml.
135. See R.J.Z. Werblowsky, Confucius and Christ, 27 NUMEN 173, 173 (1980) (noting that Pope Nicolas IV sent Friar John of Montecorvino to China in 1289).
136. See ELIZABETH ISICHEI, A HISTORY OF CHRISTIANITY IN AFRICA: FROM ANTIQUITY TO THE PRESENT 45 (1995).
137. See FERNÁNDEZ-ARMESTO, supra note 19, at 153-93 (discussing "the great leap forward of the 1490s").
138. PETTIFER & BRADLEY, supra note 102, at 18.
139. Id. at 41.
140. Fisher, supra note 102, at 27; PETTIFER & BRADLEY, supra note 102, at 17.
141. BEECHING, supra note 77, at 9 ("In the long stretch of time between 1492, when Columbus first set foot in the New World, and 1914, when war broke out among those European powers which had managed meanwhile to divide up most of the other continents between them, when a merchant or colonizer went abroad a missionary almost always followed."). See generally JAMES AXTELL, Some Thoughts on the Ethnohistory of Missions, in AFTER COLUMBUS: ESSAYS IN THE ETHNOHISTORY OF COLONIAL NORTH AMERICA 47, 47-57 (1988); PETTIFER & BRADLEY, supra note 102, at 19.
142. See EASTON, supra note 84, at 56, 85.
143. BEECHING, supra note 77, at 239.
144. See THOMAS, supra note 57, at 141; Stowe, supra note 103, at 86.
145. See THOMAS, supra note 57, at 126.
146. PETTIFER & BRADLEY, supra note 102, at 41.
147. Id. at 20.
148. THOMAS, supra note 57, at 127.
149. BEECHING, supra note 77, at 43.
150. See THOMAS, supra note 57, at 131, 141; JORDAN, supra note 77, at 21; Fisher, supra note 102, at 30.
151. See, e.g., Stowe, supra note 103, at 82; PETTIFER & BRADLEY, supra note 102, at 92.
152. See PETTIFER & BRADLEY, supra note 102, at 21,72.
153. PETTIFER & BRADLEY, supra note 102, at 21, 62-63.
154. THOMAS, supra note 57, at 137, 139.
155. BEECHING, supra note 77, at 11-12.
156. Stowe, supra note 103, at 82-84.
157. The message of "love the sinner but hate the sin," became consistent with "kill the Indian and save the man," and both were equally consistent with caring for one's parishioners. See PETTIFER & BRADLEY, supra note 102, at 21, 131.
158. ROLAND ALLEN, MISSIONARY METHODS: ST. PAUL'S OR OURS? 120 (1962);
159. PAUL B. BULL, THE MISSIONER'S HANDBOOK: A GUIDE FOR MISSIONERS, EVANGELISTS, AND PARISH PRIESTS (1916) (recommending that the missionaries live as their constituents do, even if their lifestyle is meager in luxuries).
160. See BHABHA, supra note 16, at 66-84; THOMAS, supra note 57, at 132.
161. As Pope John Paul II instructed, "In order to evangelize effectively, it is necessary to adopt resolutely an attitude of exchange and of comprehension in order to sympathize with the cultural identity of nationalities, of ethnic groups, and of varied sectors of modern society." Pope John Paul II, Discourse to the Plenary Assembly of the Pontifical Council for Culture (Jan. 18, 1983), available at http://www.vatican.net/ holy_father/john_paul_ii/speeches/1996/documents/hf_jp-ii_spe_18011983_address- to-pc-culture_en.html; see also THOMAS, supra note 57, at 128, 141.
162. ALBRECHT CLASSEN, MEETING THE FOREIGN IN THE MIDDLE AGES 242 (2002).
163. See, e.g., ARUN SHOURIE, MISSIONARIES IN INDIA: CONTINUITIES, CHANGES, DILEMMAS 96 (1994).
164. PETTIFER & BRADLEY, supra note 102, at 12, 25.
165. Individualism, capitalism, commercialism, democracy, and secularism are values and institutions generally associated with the West and its influence. See, e.g., U.N. ECON. & SOC. COMM'N FOR ASIA & THE PACIFIC, WHERE WE COME FROM: HISTORICAL PERSPECTIVE AND MAJOR TRENDS (1998), http://www.unescap.org/huset/living/ index.html.
166. See, e.g., NOAM CHOMSKY, MANUFACTURING CONSENT (1988) (arguing that the domination and subjugation of foreign lands and people can occur dirough mass media).
167. See, e.g., SAID, supra note 16.
168. See David Rothkop, In Praise of Cultural Imperialism? Effects of Globalization on Culture, GLOBAL POL'Y FORUM, June 22, 1997, http://www.globalpolicy.org/globaliz/cultural/globcult.htm (characterizing the spread of American cultural values as the voluntary adoption of these values due to globalization).
169. See, e.g. Max Boot, The Case for American Empire, WEEKLY STANDARD, Oct. 15, 2001, http://www.weeklystandard.com/ Content/Public/Articles/000/000/000/318qpvmc.asp.
170. See, e.g., NIALL FERGUSON, COLOSSUS: THE PRICE OF AMERICA'S EMPIRE (2004).
171. See infra Part VII (discussing the He case).
172. See, e.g., KENNEDY, supra note 11, at 519 ("[There] is an optimistic tradition that affirms both the wisdom and the possibility of bringing into being a racially egalitarian society in which individuals may enjoy their freedoms without racial constraint.").
173. See, e.g., DERRICK BELL, The Real Cost of Racial Equality, in THE DERRICK BELL READER 223 (Richard Delgado & Jean Stefancic eds., 2005).
174. See NAACP, AFRICAN AMERICANS: THE STATE OF DISPARITY (2007) (detailing the impact of race on education, poverty and health).
175. ETHNICITY, IMMIGRATION, AND PSYCHOPATHOLOGY 26 (Michel Tousignant & Ihsan Al-Issa eds., 1997).
176. See, e.g., FEDERAL BUREAU OF INVESTIGATION, UNIFORM CRIME REPORTS (2007), available at http://www.fbi.gov/ucr/ucr.htm#hate (indicating nearly 500 fewer hate crimes from 2004 to 2005).
177. Sheryll D. Cashin, Civil Rights in the New Decade: The Geography of Opportunity, 31 CUMB. L. REV. 467, 468 (2001).
178. Baodong Liu & Robert Darcy, The Rising Power of Minorities and Deracialization of American Politics, in 5 DEVELOPMENTS IN AMERICAN POLITICS (Gillian Peele et al. eds. 2006).
179. DINESH D'SOUZA, THE END OF RACISM (1995) (arguing that racism is essentially gone);
180. see also Stephen Feldman, Whose Common Good?, 80 GEO. L.J. 1835, 1837 (1992).
181. 347 U.S. 483 (1954).
182. For example, a black Columbia University professor recently found a noose hanging from her office door, Elissa Gootman & Al Baker, Noose on Door at Columbia Prompts Campus Protest, Oct. 11, 2007, http://www.nytimes.com/ 2007/10/11/education/11columbia.html?ref=education, and antisemitic graffiti was found later on the same campus.
183. See Elissa Gootman, Noose Case Puts Focus on a Scholar of Race, Oct. 12, 2007, http://www.nytimes.com/2007/10/12/education/12columbia. html.
184. Pamela Johnston Conover & Stanley Feldman, Group Identification, Values, and the Nature of Political Beliefs, 12 AM. POL. Q. 151 (1984);
185. Jon Hurwitz & Mark Peffley, Public Perceptions of Race and Crime: The Role of Racial Stereotypes, 41 AM. J. POL. SCI. 375, 377, 381, 387 (1997) (showing that racial stereotypes affect people's views on criminality and punishment); FISKE & TAYLOR, supra note 34, at 414.
186. FISKE & TAYLOR, supra note 34, at 11-12.
187. Id.
188. See Hurwitz & Peffley, supra note 153, at 377; FISKE & TAYLOR, supra note 34, at 160-61, 164-65.
189. FISKE & TAYLOR, supra note 34, at 160-61, 164-65.
190. Id.
191. Id.
192. FISKE & TAYLOR, supra note 34, at 162-63.
193. See Geoffrey Short, Prejudice Reduction in Schools: The Value of Inter-Racial Contact 14 BRIT. J. SOC. ED. 159, 161 (1993).
194. GORDON W. ALLPORT, THE NATURE OF PREJUDICE 42 (1954).
195. Id. at 266.
196. See Brown v. Bd. of Educ., 347 U.S. 483, 494 (1954).
197. For a discussion of the use of diversity programs in education, see Patricia Gurin et al., The Benefits of Diversity in Education for Democratic Citizenship, 60 J. SOC. ISSUES 17 (2004).
198. ALLPORT, supra note 162, at 263.
199. Id. at 276.
200. The Civil Rights Movement did demonstrate the willingness of people to act for social change, but it is difficult to say whether it effected a change more in social attitudes or in conditions.
201. For example, Michael Richards, known for his role in the hit television comedy Seinfeld, made nationwide news after hurling racial epithets at African American audience members at a comedy club in Los Angeles. See Bill Carter, Richards Tries to Explain His Rant at Comedy Club, N.Y. TIMES, NOV. 22, 2006, at E1.
202. Senator Joseph R. Biden's recent statement regarding presidential hopeful Senator Barack Obama was tinged with racial stereotypes. See Mireya Navarro, My Big Bad Mouth, N.Y. TIMES, Feb. 8, 2007, at G1.
203. Randall Kennedy, Interracial Intimacy, ATLANTIC MONTHLY, Dec 2002, 103, 103.
204. KENNEDY, supra note 11, at 161.
205. Id. at 35-37.
206. Id. at 819.
207. Id.
208. Id.
209. See id.
210. See id.
211. See generally James E. Bond, Multiculturalism: America's Enduring Challenge, 1 SEATTLE J. SOC. JUST. 59, 60 (2002) ("Tossed salad multiculturalists . . . view diversity idealistically. They celebrate the richness of difference and insist on protecting and preserving it.").
212. See id. at 59-60. It is noteworthy that assimilative multiculturalism is just what the cognitive imprint would prescribe.
213. Several other authors have opined as to the existence of implicit bias, as evidenced by the Implicit Association Test. Similar to this Article's theory of the cognitive imprint, these works consider the existence of implicit and unconscious bias against minorities and other historically disadvantaged groups. See, e.g., Christine Jolls & Cass R. Sunstein, The Law of Implicit Bias, 94 CAL. L. REV. 969 (2006);
214. R. Richard Banks et al., Discrimination and Implicit Bias in a Racially Unequal Society, 94 CAL. L. REV 1169 (2006);
215. Anthony Greenwald & Linda Hamilton Kreiger, Implicit Bias: Scientific Foundations, 94 CAL. L. REV. 945 (2006);
216. see also Linda Hamilton Kreiger, The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, 47 STAN. L. REV. 1161 (1995) (relating cognitive bias to Labor and Employment Anti-Discrimination Law).
217. One cannot deny that there is a gendered element to interracial marriages. Generally, one might presume men to hold the power because of their gender, and that this would be so regardless of their race or culture, but this need not be controlling. Under the Missionary-Heathen paradigm, white women can save men of color. Of course, there are historical accounts of nuns and female missionaries, also traveling to save souls, but this dynamic is evident even today. For instance, a short internet search for "interracial marriage." reveals several sites relating to marriages between Christians and members of other religions. (In other words, race has been equated with religion.) Searching then for intercultural and interfaith marriages, one finds several sites regarding marriages between white Christians and Arab Muslims. In turn, most of these sites are dedicated to marriages between white Christian women and Arab Muslim men. The sites generally house three categories of information: (1) warnings from professionals against getting seriously involved with a person from another race, faith, and culture; (2) stories by women who are currently unhappy in such relationships or who have escaped from such relationships and their supporters; and finally (3) testimonials by women whose husbands have now converted to Christianity and whose marriages are now happy ones. These sites encourage religious and proselytization by the white wife toward the husband of color to achieve marital happiness, an example of the missionary-heathen paradigm at work.
218. PETTIFER & BRADLEY, supra note 102, at 21; ROBINSON, supra note 103, at 46.
219. See, e.g., CHRISTIAN MISSION-JEWISH MISSION, supra note 102, at 122;
220. GAILYN V. RHEENEN, MISSIONS: BIBLICAL FOUNDATIONS AND CONTEMPORARY STRATEGIES 39 (1996); COOK, supra note 101, at 16-17.
221. See, e.g., JORDAN, supra note 77, at 21; MARJORY F. FOYLE, HONORABLY WOUNDED: STRESS AMONG CHRISTIAN WORKERS 245 (2001);
222. PAUL G. HIEBERT, ANTHROPOLOGICAL INSIGHTS FOR MISSIONARIES 23 (1985).
223. Prior to Loving, at least, interracial sex and marriage were considered irrational, and as "driven by padiological impulses, usually sexual . . . . [the] defiance of conventional norms was necessarily a deviant and dangerous act." See MORAN, supra note 36, at 112.
224. I do not posit that the interracial marriage is an exercise in religious conversion. American society, despite the rapid rise in the Christian right, is too secular and liberal to tolerate this. Rather, I argue mat, the culture war having supplanted the religious campaign for souls, the interracial marriage is a fitting battlefield.
225. See THOMAS, supra note 57, at 133. The work of Frantz Fanon is highly informative in this area. His work on the psychology of the Other rests on this finding. Fanon posits that, as a result of Colonialism, what the black man wants is to become respected by the white man and that he understands in order to do so he must become like the white man. See generally FANON, supra note 16.
226. Professor Rachel Moran seems to agree with this as a historical fact. See MORAN, supra note 36, at 112.
227. See ERICA CHITO CHILDS, NAVIGATING INTERRACIAL BORDERS: BLACK- WHITE COUPLES AND THEIR SOCIAL WORLDS 136-37 (2005);
228. PAUL C. ROSENBLATT ET AL., MULTIRACIAL COUPLES: BLACK AND WHITE VOICES (1995).
229. See id. at 127; CHILDS, supra note 190, at 40.
230. Interview with Amita Kumar in Houston, Tex. (Oct. 15, 2006).
231. Id.
232. Cf. ROSENBLATT ET AL., supra note 191, at 134 (discussing the implausibility of interracial marriages).
233. See, e.g., CHILDS, supra note 190, at 136-37; ROSENBLATT ET AL., supra note 191, at 65-67, 128-29.
234. See ROSENBLATT ET AL., supra note 191, at 128-29.
235. THOMAS VOLKER ET AL., CLINICAL ISSUES WITH INTERRACIAL COUPLES: THEORIES AND RESEARCH 5 (2003).
236. See e.g., CHILDS, supra note 190, at 77, 134.
237. Telephone Interview with Professor Stephen Kirkland, Univ. of Regina (Sept. 19, 2006).
238. Id.
239. I developed mis terminology to identify the missionary process. If one examines the numerous incidents and interactions which colored partners in interracial relationships face, they can be separated into these three phases: "To other" is to recognize the differences between you. "To order" is to determine that the other occupies a lower status and you a higher one. "To alter" is to then attempt to convert the other into a more acceptable form.
240. See CHILDS, supra note 190, at 40, 66.
241. Interview with Michael Alper in San Francisco, Cal. (1999).
242. See NEW SHORTER OXFORD ENGLISH DICTIONARY 81 (5th ed. 2002)
243. This is not to say that all minority communities perceive the "white culture" to be superior, but they certainly recognize its status in society. Thus, they too see the interracial marriage as functioning to convert one of their own to the "white ways" and are pleasantly surprised if it turns out not to be the case.
244. See 216 P.2d 755, 755-56 (Wash. 1950).
245. 391 N.Y.S.2d 812 (N.Y. Fam. Ct. 1977).
246. Id. at 814.
247. Id.
248. 466 U.S. 429 (1984).
249. See id. at 430.
250. See id. at 431-32.
251. See id. at 434 ("The effects of racial prejudice, however real, cannot justify a racial classification removing an infant child from the custody of its natural mother found to be an appropriate person to have such custody.").
252. See, e.g., Noel Myricks & Donna L. Ferullo, Race and Child Custody Disputes, 35 FAM. REL. 325, 328 (1986);
253. Twila L. Perry, Race and Child Placement: The Best Interests Test and the Cost of Discretion, 29 J. FAM. L. 51 (1990).
254. In re Davis, 465 A.2d 614, 622 (Pa. 1983); Tucker v. Tucker, 542 P.2d 789 (Wash Ct. App. 1975).
255. Gayle Pollack, The Role of Race in Child Custody Decisions Between Natural Parents Over Biracial Children, 23 N.Y.U. REV. L. & SOC. CHANGE 603, 611-12 (1997).
256. Id. at 614-15 (citing Colleen McKinley, Custody Disputes Following the Dissolution of Interracial Marriages: Best Interests of the Child or Judicial Racism?, 19 J. FAM. L. 97, 122 (1980)); see also Perry, supra note 215, at 51-52 (arguing that the ambiguity of the best interests test often allows race to take an "inappropriately . . . dominant position").
257. See, e.g., Ward v. Ward, 216 P.2d 755, 756 (Wash. 1950).
258. See, e.g., Lynette Clemetson & Ron Nixon, Breaking Through Adoption's Racial Barriers, N.Y. TIMES, Aug. 17, 2006, at A1 (indicating a concern that moving black children to white families will result in a loss of black culture and a loss of identity for said children). Similar concerns arise with regard to Native American children. Contemporary studies attempt to document the impact of the Indian Child Welfare Act, which was implemented in an attempt to reverse the culture loss occurring for American Indian children placed in non-Indian families.
259. See, e.g., Gordon E. Limb et al., An Empirical Examination of the Indian Child Welfare Act and its Impact on Cultural and Familial Preservation for American Indian Children, 28 CHILD ABUSE & NEGLECT 1279 (2004).
260. But see Solangel Maldonado, Discouraging Racial Preferences in Adoptions, 39 U.C. DAVIS L. REV. 1415, 1415 (2006) (arguing for transracial adoption and revealing the cognitive bias which causes families to seek race-matching and racial similarity in adoptions); KENNEDY, supra note 11, at 403-15 (making the case for transracial adoption and arguing that opposition to it is the last vestige of racial discrimination in the context of the family).
261. See, e.g., Robert Lackman, Move the Bus, SHANGHAI STAR, June 23, 2005;
262. Robert Lackman, Once Upon a Time there were 2 Good Americans, SHANGHAI STAR, July 22, 2004;
263. Robert Lackman, Letter to the Edtior, Judge Childers Seems to Think Chinese Tears Cannot Be Genuine, CHINA DAILY, Aug. 30, 2004. The Chinese Embassy wrote letters to the appellate court as to the enforcement of the "One Child Policy." In Re Adoption of A.M.H., No, W2004-01225-COA-R3-PT, 2005 WL 3132353, at 83 (Tenn. Ct. App. Nov. 23, 2005).
264. Jared Allen, Anna Mae's Feuding Families Turn Back to Their Lawyers, CITY PAPER ONLINE (Nashville, Tenn.), Jan. 30, 2007, http://www.nashvillecitypaper.com/index.cfm?section=9&screen= news&news_id=54349
265. I do not wish to suggest that this case is typical of the interracial battles that occur in courts all over the country. I believe, however, that the delay in reaching the final resolution and the voices inside and outside the courtroom regarding this case reveal a pervasive view of racial and cultural inequality that demonstrates the paradigm I propose.
266. See In re Adoption of A.M.H., No. CH-01-1302-3 (Tenn. Ch. 2004), http://www.tsc.state.tn.us/GENINFO/PRESSREL/2004/HEfinal.pdf;
267. see also Joyce Nishioka, The Hes vs. the Bakers, ASIANWEEK, May 28, 2004, http://news.asianweek.com/news/ view_article.html?article_id=48e07c0407023978d0b2da8f798ad431;
268. Shirley Downing, Childers Ruling Insensitive to China Culture, Group Says, COM. APPEAL (Memphis), May 25, 2004, at B6;
269. Wendi C. Thomas, Anna Mae Decision Botched by Judge, COM. APPEAL (Memphis), May 20, 2004, at B1.
270. Shirley Downs, No Bias, Says Anna Mae Judge, COM. APPEAL (Memphis), May 15, 2004, at A1.
271. In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953 (Tenn. 2007).
272. In re Adoption of A.M.H., No. CH-01-1302-3, at 5-6.
273. In re Adoption of A.M.H., 2007 WL 160953, at *1.
274. Id.
275. See In re Adoption of A.M.H., No. CH-01-1302-3, at 6-7; In re Adoption of A.M.H., No. W2004-01225-COA-R3-PT, 2005 WL 3132353, *5 (Tenn. Ct. App. Nov. 23, 2005).
276. In re Adoption of A.M.H., 2007 WL 160953, at *1.
277. In re Adoption of A.M.H., 2005 WL 3132353, at *2.
278. See In re Adoption of A.M.H., 2007 WL 160953, at *1 (listing financial difficulties, including medical bills related to Mrs. He's difficult pregnancy and childbirth and Mr. He's loss of his stipend).
279. Id. at *2.
280. In re Adoption of A.M.H., No. CH-01-1302-3, at 26.
281. In re Adoption of A.M.H., 2005 WL 3132353, at 9.
282. See In re Adoption of A.M.H., 2007 WL 160953, at *2.
283. See id.
284. See id. at *3.
285. See id.
286. See id.
287. See In re Adoption of A.M.H., No. CH-01-1302-3, at 35 (Tenn. Ch. 2004), http://www.tsc.state.tn.us/GENINFO/PRESSREL/2004/HEfinal.pdf.
288. See In re Adoption of A.M.H., No. W2004-01225-COA-R3-PT, 2005 WL 3132353, at *1 (Tenn. Ct. App. 2005).
289. In re Adoption of A.M.H., No. CH-01-1302-3, at 41.
290. See In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953, at *6 (Tenn. 2007).
291. See id.
292. See In re Adoption of A.M.H., No. CH-01-1302-3, at 68-69 (Tenn. Ch. 2004), http://www.tsc.state.tn.us/GENINFO/PRESSREL/2004/HEfinal.pdf.
293. See In re Adoption of A.M.H., No. W2004-01225-COA-R3-PT, 2005 WL 3132353, at *90 (Tenn. Ct. App. 2005).
294. See In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953, at *1 (Tenn. 2007).
295. In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953, at *2 (Tenn. 2007). It is interesting to note that Jack He sought help from his religious community in the United States, as opposed to his racial community. This may have something to do with the fact that he came from China, which is significantly more racially homogeneous than the United States. See Ethnicity and Race by Countries, INFOPLEASE.COM, http://www.infoplease.com/ipa/A0855617.html (last visited Sept. 27, 2007) (providing information on racial homogeny in the United States and China). Jack He's first contact with the Bakers was based upon their common bond as Christians, but as tensions developed, he appeared to distance himself from this alliance, stating that his daughter was kidnapped by white Christians, thus choosing the racial alliance.
296. See Andrew Jacobs, Chinese and American Cultures Clash in Custody Battle for Girl, N.Y. TIMES, March 2, 2004, at A14. This is exactly how the media cast the roles - Chinese baby with Christian foster parents - but this casting of faith vs. race further demonstrates how race was equated with culture for the Hes and contrasted with Christian ideals.
297. For additional information on the conversion process see THOMAS, supra note 57, at 142.
298. See, e.g., Shirley Downing, Hes Lose Appeal for Anna Mae - Parental Rights Remain Revoked, COM. APPEAL (Memphis), Nov. 24, 2005, at A1.
299. Paula Zahn Now (CNN television broadcast Apr. 12, 2004), transcript available at http://transcripts.cnn.com/TRANSCRIPTS/0404/12/ pzn.00.html.
300. Id.
301. Jacobs, supra note 255.
302. See, e.g., Shirley Downing, Baker Family - Custodial Parents Fear Loss to a Culture Hostile to Girls, COM. APPEAL (Memphis), Feb. 19, 2004, at A2. It is possible that the newspaper articles were attempting only to refer to Mr. and Mrs. He's citizenship, but the cultural and racial associations of "Chinese" are intimately linked in any event.
303. Jacobs, supra note 255.
304. In re Adoption of A.M.H., No. W2004-01225-SC-R11-PT, 2007 WL 160953, at *9 (Tenn. 2007). It is interesting that the social worker looks beyond the parenting skills of Jack and Casey He to examine the social and political climate in China, as mough Anna Mae has applied for amnesty!
305. See id.
306. See id. at 14-15.
307. In re Adoption of A.M.H., No. CH-01-1302-3, at 58 (Tenn. Ch. 2004), http://www.tsc.state.tn.us/GENINFO/PRESSREL/2004/HEfinal.pdf.
308. Id.
309. See id. at 57 (although Mr. He had previously been employed as a full-tenured professor in China and possessed three masters degrees)
310. Id. at 2.
311. Id. at 69, 70.
312. Id.
313. See, e.g., Allegations of Judicial Bias Don't Fit Anna Mae Case, COM. APPEAL (Memphis), May 24, 2004, at B4;
314. Shirley Downing, Childers Ruling Insensitive to China Culture. Group Says, COM. APPEAL (Memphis), May 25, 2004, at B6.
315. Posting by Ruby Agnes to Tennessee Court Rules in Anna Mae He Custody Battle, http://www.associatedcontent.com/article/134733/ tennessee_supreme_court_rules_in_anna.html (Feb. 27, 2007);
316. Tennessee Girl Returned to Biological Parents After Six-Year Fight, ABC NEWS, Jan. 24, 2007, http://abcnews.go.com/GMA/ AmericanFamily/story?id=2818818&page=1;
317. Wendi C. Thomas, Anna Mae Decision Botched by Judge, COM. APPEAL (Memphis), May 20, 2004, at B1.
318. See, e.g., David C. Nanney, Letter to the Editor, in Allegations of Judicial Bias Don't Fit Anna Mae Case, supra note 272;
319. Michelle Howard, Letter to the Editor, in Allegations of Judicial Bias Don't Fit Anna Mae Case, supra note 272;
320. James W. Cook, Letter to the Editor, in Allegations of Judicial Bias Don't Fit Anna Mae Case, supra note 272.
321. Lesley Hartney, Letter to the Editor, in Allegations of Judicial Bias Don't Fit Anna Mae Case, supra note 272.
322. See, e.g., SHOURIE, supra note 134, at 111. There is also a very active Jewish antimissionary network which recognizes this aspect of the missionary agenda. See, e.g., http://www.beingjewish.com/toshuv/; Jews for Judaism, http://www.jewsforjudaism.org/.