Lovin' the man: Examining the legal nexus of irony, hypocrisy, and curiosity

Wisconsin Law Review

Volumn 2007, Issue 2, 2007, Pages 543-583

  Nelson, Camille A ^a,b,c  

^a SAINT LOUIS UNIVERSITY   (United States)

^b UNIVERSITY OF OTTAWA   (Canada)

^c Och Spine at New York Presbyterian Hospitals

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EID: 38149132458     PISSN: 0043650X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (216)

1. Laurie Winer, The Legends Who Lunch: A Weekend of Glory at Promised Land, O: THE OPRAH MAGAZINE, Aug. 2005, at 174.
2. See id.
3. Professor Frank Cooper's comments on "white views" are informative: Note that when I describe "white views," I merely refer to the dominant discourse. Not all white people participate in the discourse, and not all the participants in the discourse are white people. The mindset produced by the dominant discourse, which was initiated by (male) whites and designed to promote their interests, continues to promote norms most associated with (male) whites. Frank R. Cooper, Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy, 39 U.C. DAVIS L. REV. 853, 857 n.12 (2006).
4. See Winer, supra note 1.
5. While the entire poem was not reproduced in the article, it is available in PEARL CLEAGE, WE SPEAK YOUR NAMES (2006). My sisters, we are gathered here to speak your names. We are here because we are your daughters as surely as if you had conceived us, nurtured us, carried us in your wombs, and then sent us out into the world to make our mark and see what we see and be what we be, but better, truer, deeper because of the shining example of your own incandescent lives. .... We speak your names. We speak your names. Id. at 4-6.
6. This Article borrows the "critical" in "critical consciousness" from critical race theory in order to emphasize the need to be wary of the underlying racial dynamics at work in day-to-day interactions. "Consciousness" asserts an empowered stance in defiance of the racialized bombardment encountered by many in interracial relationships. This combination of wariness and defiance is both proactive and reactive, but hopefully ultimately empowering.
7. The term "sociopolitical construct" is meant to convey the fact that there is no biological reality of race, only a socially constructed reality which gives race meaning. See Miriam R. Hill & Volker Thomas, Strategies for Racial Identity Development: Narratives of Black and White Women in Interracial Partner Relationships, 49 FAM. RELATIONS 193, 193 (2000) ("[R]ace is not a typology of concrete, mutually exclusive categories. We can best understand it within a social constructionist framework as the negotiated interaction between a societal phenomenon of categorization based on physical markers . . . and a personal phenomenon of identity development.");
8. see also Audrey Smedley, "Race" and the Construction of Human Identity, 100 AM. ANTHROPOLOGIST 690, 690 (1998) ("Scholars in a variety of disciplines are increasingly holding mat 'race' is a cultural invention, that it bears no intrinsic relationship to actual human physical variations, but reflects social meanings imposed upon these variations.").
9. For further information on the construction of race, see generally TOMMY L. LOTT, THE INVENTION OF RACE: BLACK CULTURE AND THE POLITICS OF REPRESENTATION (1999);
10. LEE D. BAKER, FROM SAVAGE TO NEGRO: ANTHROPOLOGY AND THE CONSTRUCTION OF RACE, 1896-1954 (1998);
11. Sharona Hoffman, Is There a Place for "Race" as a Legal Concept?, 36 ARIZ. ST. L.J. 1093 (2004).
12. ROBERT M. ENTMAN & ANDREW ROJECKI, THE BLACK IMAGE IN THE WHITE MIND: MEDIA AND RACE IN AMERICA 144-81 (2000) (detailing how television and advertising make it seem as if blacks and whites occupy entirely different universes);
13. ALLEN G. JOHNSON, PRIVILEGE, POWER, AND DIFFERENCE 21-24 (2d ed. 2005) (examining how differences are socially constructed);
14. Richard Delgado & Jean Stefancic, Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills?, 77 CORNELL L. REV. 1258, 1260 (1992) (concluding that media depictions of African Americans, Mexicans, Asians, and Native Americans were "demeaning or worse.");
15. S. Craig Watkins & Rana A. Emerson, Feminist Media Criticism and Feminist Media Practices, 571 ANNALS 151, 152, 162 (2000) (examining how the media places women in subordinate roles and discussing some ways in which pernicious notions about race permeate the media).
16. Loving v. Virginia, 388 U.S. 1 (1967); Loving v. Virginia, 147 S.E.2d 78 (Va. 1966); Loving v. Virginia, 243 F. Supp. 231 (E.D. Va. 1965).
17. Loving, 388 U.S. 1.
18. Robert A. Pratt, Crossing the Color Line: A Historical Assessment and Personal Narrative of Loving v. Virginia, 41 HOWARD L.J. 229, 239 (1998)
19. (quoting 64 LANDMARK BRIEFS AND ARGUMENTS OF THE SUPREME COURT OF THE UNITED STATES: CONSTITUTIONAL LAW 741, 959 (Philip B. Kurland & Gerhard Casper eds., 1975)).
20. See generally PETER WALLENSTEIN, TELL THE COURT I LOVE MY WIFE: RACE, MARRIAGE, AND LAW - AN AMERICAN HISTORY (2002).
21. Loving, 243 F. Supp. at 232.
22. Pratt, supra note 11, at 236 (citing Interview with Mildred Loving in Milford, Va. By Richard A. Pratt (Oct. 12, 1994)).
23. Id. (citing Interview with Mildred Loving, supra note 13).
24. Id. (citing Interview with Mildred Loving, supra note 13).
25. Loving, 243 F. Supp. at 232.
26. See Loving, 388 U.S. at 6; see also Pratt, supra note 11, at 236.
27. VA. CODE ANN. § 20-58 (1960), invalidated by Loving, 388 U.S. 1.
28. Loving, 243 F. Supp. at 234.
29. Id. at 235.
30. See id. at 236.
31. The Lovings entered a guilty plea and were each sentenced to one year in jail. Loving, 388 U.S. at 3. The trial judge, however, suspended their sentences provided that the Lovings left Virginia and did not return together for twenty-five years. Id.
32. See id.
33. Pratt, supra note 11, at 237 (quoting Interview with Mildred Loving, supra note 13).
34. Id. at 240 (citing Simeon Booker, The Couple that Rocked Courts, EBONY, Sept. 1967, at 78).
35. This Article uses "private sanctuary" to refer to the personal space, often a home, created by interracial couples as a "raceless" refuge. While race continues to exist, the private sanctuary allows for freedom from the baggage the external world foists on one as racialized other; the negative social constructs attached to skin color do not operate, or at least not quite so obviously.
36. Racialization is the process through which ascriptions are made about race and skin color, revealing that race is a social construct. People racialized as "other" are marginalized by virtue of societal perspectives rather than biological determinants. See IAN F. HANEY LÓPEZ, WHITE BY LAW: THE LEGAL CONSTRUCTION OF RACE 111 (1996) ("Races are social products. It follows that legal institutions and practices, as essential components of our highly legalized society, have had a hand in the construction of race.").
37. See generally TOMMY L. LOTT, THE INVENTION OF RACE: BALCK CULTURE AND THE POLITICS OF REPRESENTATION (1999).
38. Couples of color and interracial couples often think about the places that they will visit together. Part of the lack of freedom stems from segregation; there were simply some places in which people of color were not welcome. Even today, there are some occasions on which hostile sentiments - such as the belief that "blacks are genetically inferior and race mixing is the nearest thing to the end of the world this side of Armageddon" - surface. Elinor Langer, The American Neo-Nazi Movement Today, NATION, July 16, 1990, at 82. Such sentiments hearken back to the days when lynching was commonplace, and the "quintessential lynching offence was social contact with a white woman by a black man, whether or not the contact had been mutually arranged."
39. Emma Coleman Jordan, Crossing the River of Blood Between Us: Lynching, Violence, Beauty, and the Paradox of Feminist History, 3 J. GENDER RACE & JUST. 545, 558 (2000).
40. See generally RACHEL MORAN, INTERRACIAL INTIMACY: THE REGULATION OF RACE AND ROMANCE 17-42 (2d ed. 2003) (exploring the ways in which the law enforced the separation of the races). As Professor Randall Kennedy noted, "There are . . . powerful forces arrayed against increased rates of black-white intermarriage. . . . Through stares, catcalls and even . . . violence, they put a pall over interracial intimacy . . . ."
41. Randall Kennedy, How Are We Doing with Loving? Race, Law, and Intermarriage, 77 B.U. L. REV. 815, 820 (1997);
42. see also ALON ZIV, BREEDING BETWEEN THE LINES: WHY INTERRACIAL PEOPLE ARE HEALTHIER AND MORE ATTRACTIVE 5-6 (2006) ("Many of the battles of the civil rights movement have been fought and won, but the world is still far from color-blind. Mixed marriages remain taboo and frequently lead to conflict, even violence.");
43. Yanick St. Jean, Let People Speak for Themselves: Interracial Unions and the General Social Survey, 28 J. BLACK STUD. 398, 406 (1998) ("[Interracial] couples appear to be involved in two separate, conflicting lives: one public, the other private.").
44. For discussion of the "sunshine brigade," my tongue-in-cheek term for those who believe that an increase in interracial relationships will eliminate racism, see infra notes 79-84, 412-43. See generally Jim Chen, Unloving, 80 IOWA L. REV. 145, 171-72 (1994) (arguing that the creolization of America offers hope for the end of racism as we know it, and that interracial intermarriage will prove that "love conquers all"). In dismissing "race-matching," Professor Jim Chen celebrates an America in which we have interbred for generations: "[W]e Americans have 'mixed people as though they were of no more consequence than the swill [we have] slopped together for [our] pigs.' The rest of the world should be so fortunate." Id. at 152
45. (quoting O.E. ROLVAAG, PEDER VICTORIOUS 138-39 (Nora O. Solun & O.E. Rolvaag trans., 1929));
46. see also Matthijc Kalmijn, Trends in Black/White Intermarriage, 72 J. SOC. FORCES 119, 141 (1993) ("[Increasing intermarriage] is further consistent with . . . a continuous decline in white prejudice against blacks. The apparent growth of social tolerance towards blacks may make the marriage seekers themselves less reluctant to intermarry, and it may make it easier for the unprejudiced to marry because of the weakening social norms against such marriages." (citations omitted)); St. Jean, supra note 28, at 398 ("[Many scholars] have . . . emphasized the ideal nature of intermarriage as a symbol of social equality. Professor G.A. Borghese . . . asserts that 'only when [the] two bloods mix freely in marriage will [the] color problem be solved.'" (citations omitted)).
47. But see Garrett Epps, What's Loving Got to Do with It?, 81 IOWA L. REV. 1489, 1496 (1996) ("Professor Chen's reasoning . . . seems to be that . . . intermarriage of the races offers hope for a cessation of racial hostility and oppression . . . . This logic is at best elusive.");
48. Peter Kwan, Unconvincing, 81 IOWA L. REV. 1557, 1570 (1996) ("[I]t is far from clear there exists a necessary relationship between racial hatred at individual levels and at societal levels, with the diminution of one necessitating the diminution of the other.").
49. In criminal law, strict-liability offenses are those which require only a guilty act and not a mental state of mind. See, e.g., 21 AM. JUR. 2d Criminal Law § 144 (1998). Therefore, even if an interracial couple lacks subjective mental awareness of the political implications of their relationship, the "guilty act" of their relationship is sufficient to merit sanction.
50. For comprehensive analyses of interracial relationships in the United States, see MORAN, supra note 28; RANDALL KENNEDY, INTERRACIAL INTIMACIES: SEX, MARRIAGE, IDENTITY, AND ADOPTION (2003).
51. See, e.g., Charles R. Lawrence III, The Id, The Ego, and Equal Protection: Reckoning with Unconscious Racism, 39 STAN. L. REV. 317 (1987);
52. BELL HOOKS, KILLING RAGE: ENDING RACISM 26 (1996) ("Racism can . . . be represented as an issue for blacks only . . . while all whites continue to be brainwashed to deny the existence of an institutionalized racist structure that they work to perpetuate and maintain."). One of the strategies adopted by counselors to help people overcome their racism is to help them understand that colorblindness is a fiction.
53. See HANDBOOK OF MULTICULTURAL COUNSELING 270 (Joseph G. Ponterotto et al. eds., 2001) ("Similar to White privilege, colorblind racial attitudes (CoBra) are rooted in the structure of society. Essentially, to adopt a color-blind racial perspective is to deny the existence of ideological and structural racism and to believe that race does not play a meaningful role in people's lived experiences.").
54. For example, Kennedy contacted people who had indicated racial preferences for same-race mates or sexual partners in their personal ads to inquire why they discriminated in their ads. Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity, Adoption, 17 HARV. BLACKLETTER J. 57, 78-81 (2001). The responses he received included white supremacy, surprise that the ad would be so characterized, and simple preference. Id.
55. KENNEDY, supra note 31, at 27 ("On the internet and in newspapers and magazines across the country, people openly and self-consciously deploy racially discriminatory advertising in their search for romantic companionship.").
56. See id. at 27-32 (discussing "racial selectivity" as seen in personal ads).
57. See id. at 29, 31 ("[Respondents'] racial signals evidenced an aesthetic or erotic preference."); see also MORAN, supra note 28, at 115 ("[A] popular explanation of interracial attraction is exotisicm, which treats racial difference as a source of sexual titillation.").
58. Professor Jason A. Gillmer has observed the following: Although the status of the very first mulattoes was uncertain, planter elites quickly settled on the rule that the children would follow the condition of the mother. This rule - known as the rule of partus sequitor ventrem - was adopted despite the English common law tradition that the child followed the status of the father. . . . The issue arose . . . because white men were fathering children with black women, creating a pressing social problem as Virginia eased into a society in which blackness meant slavery and whiteness meant freedom. Jason A. Gillmer, Suing for Freedom: Interracial Sex, Slave Law, and Racial Identity in the Post-Revolutionary and Antebellum South, 82 N.C. L. REV. 535, 560 (2004).
59. See Gerald M. Platt & Rhys H. Williams, Ideological Language and Social Movement Mobilization: A Sociolinguistic Analysis of Segregationists' Ideologies, 20 SOC. THEORY 328, 343-44 (2002) ("In the religious ideological construction of the segregationist worldview, separation of the races is a mark of God's plan for humankind - importantly, a direct reflection of the sacred order in the natural world."). The trial judge in the Lovings's case, Judge Leon M. Bazile, echoed this logic: Almighty God created the races white, black, yellow, malay, and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. Loving v. Virginia, 388 U.S. 1, 3 (1967) (quoting Judge Leon M. Bazile).
60. KENNEDY, supra note 31, at 18-19; see also GEORGE M. FREDRICKSON, THE BLACK IMAGE IN THE WHITE MIND: THE DEBATE ON AFRO-AMERICAN CHARACTER AND DESTINY, 1817-1914, at 71-96 (1987).
61. See MORAN, supra note 28, at 20-27.
62. See id. at 18 ("Whenever racial ambiguity threatened the established social order, statutory restrictions on interracial sex and marriage were imposed to keep the color line firmly in place.")
63. We fixate on racially categorizing people, although our ascriptions are sometimes incorrect. See KEVIN JOHNSON, HOW DID YOU GET TO BE MEXICAN? A WHITE/BROWN MAN'S SEARCH FOR IDENTITY 179 (1999);
64. David A. Hollinger, Postethnic America: Beyond Multiculturalism, in MIXED RACE AMERICA AND THE LAW: A READER 486, at 486 (Kevin R. Johnson ed., 2003).
65. Recently there has been much discussion about Senator Barack Obama's race. See, e.g., Stanley Crouch, What Obama Isn't: Black Like Me on Race, N.Y. DAILY NEWS, Nov. 2, 2006, http://www. nydailynews.com/opinions/2006/11/02/2006-11- 02_what_obama_isnt_black_like_me_on_race.html (positing that because Obama has only experienced "light versions of typical racial stereotypes" that he is not African American and would have to run as "as the son of a white woman and an African immigrant");
66. Scott L. Malcomson, An Appeal Beyond Race, N.Y. TIMES, Aug. 1, 2004, § 4 (Magazine), at 5 (discussing the controversy surrounding whether Obama, as a mixed-race, black-identified man, will be able to appeal to white voters);
67. Michael McAuliff, More Ready to Accept Black Prez, N.Y. DAILY NEWS, Dec. 17, 2006, at 14. This unease with racial ambiguity leads to the inevitable questions "what are you?" and "where are your parents from?"
68. See ANGELA NISSEL, MIXED: MY LIFE IN BLACK AND WHITE (2006).
69. See generally WHAT ARE YOU?: VOICES OF MIXED-RACE YOUNG PEOPLE (Pearl Gaskins ed., 1999);
70. KERRY ANN ROCKQUEMORE & DAVID L. BRUNSMA, BEYOND BLACK: BIRACIAL IDENTITY IN AMERICA (2002). I too am a culprit because I seek to indoctrinate my mixed-race children into a black identity. My thinking echoes the archaic one-drop rule, but with a twist: I believe that, in racially segregated St. Louis, this is for their own benefit. It remains unclear to me whether, by telling my children that they are mixed-race yet black-identified, I am denying their transcendent racial realities or preparing them for an America which remains fixated on racial categorization. I am sure my children will educate me.
71. MORAN, supra note 28, at 57; see KENNEDY, supra note 31, at 13-14.
72. See MORAN, supra note 28, at 57.
73. See RUBIN FRANCIS WESTON, RACISM IN U.S. IMPERIALISM: THE INFLUENCE OF RACIAL ASSUMPTIONS ON AMERICAN FOREIGN POLICY, 1893-1946, at 194-210 (1972).
74. Pratt, supra note 11, at 235 n.33.
75. See MORAN, supra note 28, at 18, 20-23. See generally DOUGLAS S. MASSEY & NANCY A. DENTON, AMERICAN APARTHEID: SEGREGATION AND THE MAKING OF THE UNDERCLASS (1995).
76. See, e.g., State v. Jackson, 80 Mo. 175, 176 (1883) (commenting that interracial relationships were akin to incest and thus were within the lawful ambit of state regulation); State v. Gibson, 36 Ind. 389, 403-04 (1871) (extolling marriage as an "institution established by God" and warning of the dangers of corruption of blood posed by racial amalgamation); Scott v. Georgia, 39 Ga. 321, 324 (1869) (analogizing interracial marriage to marriage between "idiots," as regulating both are "necessary and proper regulations").
77. KENNEDY, supra note 31, at 14 ("Race has - and has long had - a massive presence in the sexual imaginations of Americans."); MORAN, supra note 28, at 115-16 (noting the sexual titillation and exoticism of interracial relationships); see also Jared Sexton, The Consequence of Race Mixture: Racialised Barriers and the Politics of Desire, 9 SOC. IDENTITIES 241, 242 (2003) (exploring "the domain of sexuality," which is intrinsic to the construction of race as sexual predilection).
78. See MORAN, supra note 28, at 25 (recognizing the role of vigilantes in policing interracial relationships through actual and threatened violence); KENNEDY, supra note 31, at 17 ("Sexual anxieties have prompted intense policing of the race line by a wide variety of means - from antimiscegenation laws to lynchings.").
79. See Anita Kathy Foeman & Teresa Nance, From Miscegentation to Multiculturalism: Perceptions and Stages of Interracial Relationship Development, 29 J. BLACK STUD. 540, 545 (1999);
80. MARIA P.P. ROOT, LOVE'S REVOLUTION: INTERRACIAL MARRIAGE 49-70 (2001).
81. See, e.g., Kennedy, supra note 28, at 818-19 (arguing that increasing black-white intermarriage is one way to alleviate black isolation and social, political, and economic deprivation); see also infra Part IV.
82. See MORAN, supra note 28, at 113-16 (discussing sociohistorical research and several possible rationales for interracial relationships, including racialized exceptionalism and exoticism).
83. See Kennedy, supra note 28, at 820 ("Some polls suggest that as much as twenty percent of the white population continues to believe that interracial marriage should be illegal." (citing Isabel Wilkerson, Black-White Marriages Rise, but Couples Still Face Scorn, N.Y. TIMES, Dec. 2, 1991, at A1)); Foeman & Nance, supra note 51, at 542-43 (1999) (listing five myths about interracial relationships).
84. Pratt, supra note 11, at 238 n.50.
85. Id. (quoting Roy Wilkins). Ultimately, the NAACP, together with the Japanese American Citizens League and a coalition of Catholic bishops, did submit briefs to the United States Supreme Court in support of the Lovings's position. See id. at 238-39.
86. 87 S.E.2d 749, 752 (quoting Green v. State, 58 Ala. 190, 195 (1877)).
87. Pratt, supra note 11, at 242 (quoting David Margolick, A Mixed Marriage's 25th Anniversary of Legality, N.Y. TIMES, June 12, 1992, at B20).
88. 4 BENJAMIN FRANKLIN, Observations Concerning the Increase of Mankind, in PAPERS OF BENJAMIN FRANKLIN 225, 234 (Leonard W. Barabee et al. eds., 1961).
89. Jefferson's statements are ironic because of his longstanding "relationship" with his slave Sally Hemings, with whom he fathered several children. See PAUL FINKELMAN, SLAVERY AND THE FOUNDERS: RACE AND LIBERTY IN THE AGES OF JEFFERSON 165 (2d ed. 2001) (discussing evidence supporting the conclusion that Jefferson fathered some, if not all, of Hemings's children).
90. See generally Stephanie Phillips, Claiming Our Foremothers: The Legend of Sally Hemings and the Task of Black Feminist Theory, 8 HASTINGS WOMEN'S L.J. 401, 406-17 (1997).
91. For a discussion of the DNA evidence which confirmed that Jefferson fathered children by Sally Hemings, see The History of a Secret: How the Truth of Jefferson and Hemings Became a Lie, Then Became the Truth Again, http://www.pbs.org/wgbh/pages/frontline/shows/jefferson/video/report4.html (last visited Feb. 15, 2007).
92. See THOMAS JEFFERSON, NOTES OF THE STATE OF VIRGINIA 149-54 (1853).
93. Id. at 155.
94. See id.
95. Letter from Thomas Jefferson to Edward Coles (Aug. 25, 1814), in PORTABLE THOMAS JEFFERSON, at 544, 546 (Merrill D. Peterson ed., 1975).
96. See supra note 60.
97. 60 U.S. 393 (1857).
98. See id. at 458-59.
99. Id. at 407.
100. Id.
101. Id. at 409.
102. 163 U.S. 537 (1896).
103. Id. at 545.
104. Loving v. Virginia, 388 U.S. 1, 11-12.
105. For instance, in analyzing the Louisiana legislature's definition of blackness as "one-thirty-second black," Ursula M. Brown writes: With one-thirty-second 'black blood' being the equivalent of one great-great-great- grandparent, and people rarely knowing their ancestors more than a few generations back, one must assume that quite a few people regarded themselves as white, when in actuality they should have viewed and defined themselves as black. Thus many Americans may have wittingly or unwittingly violated racial status laws. It is estimated that 30 to 70 percent of African Americans have white relatives in their ancestral history and that a significant proportion of white-identified people have a multiracial background. URSALA M. BROWN, THE INTERRACIAL EXPERIENCE: GROWING UP BLACK/WHITE RACIALLY MIXED IN THE UNITED STATES 18 (2000) (citation omitted).
106. See generally ESSIE MAE WASHINGTON- WILLIAMS WITH WILLIAM STADIEM, DEAR SENATOR: A MEMOIR BY THE DAUGHTER OF STROM THURMOND (2005);
107. ANNETTE GORDON-REED, THOMAS JEFFERSON AND SALLY HEMINGS: AN AMERICAN CONTROVERSY (1997) (analyzing the evidence of the Jefferson-Heming affair, which is believed to have lasted thirty years); see also Kennedy, supra note 33, at 66-67.
108. See Adrian Piper, Passing for White, Passing for Black, 58 TRANSITION 4, 16 (1992);
109. Osagie K. Obasogie, Anything But a Hypocrite: Interactional Musings on Race, Colorblindness, and the Redemption of Strom Thurmond, 18 YALE J.L. & FEMINISM 451 (2006) (exploring the sexual predation of the late Senator Strom Thurmond as a continuation of the plantation "relationships" many white masters had with their slaves).
110. GREGORY HOWARD WILLIAMS, LIFE ON THE COLOR LINE: THE TRUE STORY OF A WHITE BOY WHO DISCOVERED HE WAS BLACK (1995);
111. Jeff Junerth, A Big White Lie?, ORLANDO SENTINEL, Sept. 18, 2005, at F1 (recounting the story of Judith Hartmann, a white woman who - in order to conceal the fact that she was pregnant by a black man - told her husband and, later, her son, David, that the color of David's skin was the result of a disease called melanism and that he was lucky that the skin discoloration was uniform rather than in patches).
112. Piper, supra note 75, at 17.
113. Id. at 18-19.
114. See Kennedy, supra note 28, at 818 ("[T]he realities reflected by [the increased rate of intermarriage] show 'a strong, unambiguous trend toward integration within American families.'" (quoting Douglas J. Besharov & Timothy S. Sullivan, One Flesh, NEW DEMOCRAT, July/Aug. 1996, at 19, 21)); see also Chen, supra note 29, at 153. ("Whatever else it might honor, multicultural America must surely venerate the 'half-breed' survivors who endured and eventually conquered racism.").
115. See Kennedy, supra note 28, at 818.
116. See id.; see also Chen, supra note 29, at 151-56.
117. KENNEDY, supra note 31, at 37 ("[A]gainst the tragic backdrop of American history, the flowering of multiracial intimacy is a profoundly moving and encouraging development, one that lends support to Frederick Douglass's belief that eventually 'the white and colored people of this country [can] be blended into a common nationality, and enjoy together . . . the inestimable blessings of life, liberty, and the pursuit of happiness.'" (citation omitted)). But see MORAN, supra note 28, at 178 ("The responsibility of bridging racial divides is a heavy burden to place on multiracial people, who did not even choose their mixed-race identities. . . . Far from being a sign that America's racial problems are now solved, today's tiny multiracial population is a mark of progress that has just begun.").
118. See ALISON STEIN WELLNER, POPULATION REF. BUR., U.S. ATTITUDES TOWARD INTERRACIAL DATING ARE LIBERALIZING (2005), http://www.prb.org/Articles/2005/ USAttitudesTowardInterracialDatingAreLiberalizing.aspx (remarking that - as it was not so long ago that interracial marriages were illegal - many sociologists view them as indicators of American racial progress.)
119. KENNEDY, supra note 31, at 36-37, 519-20 (asserting that the increase in interracial relationships is a proxy for improved race relations).
120. Id. at 214-28 (discussing the governmental powers brought to bear against those in interracial relationships); see also Yuma Wilson, The Colorblind Heart, S.F. CHRON., July 27, 1998, at A1 (exploring the difficulties encountered by young people in interracial relationships due to peer group and parental hostility).
121. See St. Jean, supra note 28, at 404-05; see also Herbert Hovenkamp, Social Science and Segregation Before Brown, 1985 DUKE L.J. 624.
122. KENNEDY, supra note 31, at 32-33 ("Many Americans talk of wanting to create a society in which racial boundaries have disappeared and race no longer matters to anyone. At the same time, though, many of these same people either organize themselves . . . around racial signposts or support others who do . . . ."); see also WELLNER, supra note 83 ("Many people who are honestly accepting of equal treatment across a wide range of social interaction would finally draw the line when it came to [a romantic relationship] between the race groups." (quoting Tom Smith, director of the General Social Survey at the National Opinion Research Center at the University of Chicago)); MORAN, supra note 28, at 103 (discussing the fact that the majority of Americans marry within their own race).
123. For example, in one case [a] slave named Celia was repeatedly raped by her widowed master, and twice impregnated by him. The master's sexual assaults continued even after Celia became romantically involved with another slave, George, who eventually insisted that Celia bring an end to the master's abuse. Celia, by this time pregnant again, killed the master and burned his body. Ironically, George revealed Celia's crime. George escaped. Celia was tried and hanged after giving birth to a stillborn child. R. Richard Banks, Intimacy and Racial Equality: The Limits of Antidiscrimination, 38 HARV. C.R.-C.L. L. REV. 455, 460 (2003) (book review);
124. see also Dena S. Davis, Genefic Research and Communal Narratives, 42 JURIMETRICS J. 199, 204 (2002) ("[S]lave concubines were a common fact of plantation life.").
125. The Dred Scott Case, 60 U.S. 393, 409 (1857).
126. Patricia Williams writes, Living life as the pornographic target of another's fantasies is always a nightmare, even when the fantasy is one of idealized desire - never mind when the fantasy is one of disdainful vilification. Life as a bull's-eye has nothing to do with who you really are, or the statistical realities of the group you represent. PATRICIA J. WILLIAMS, THE ROOSTER'S EGG 170 (1995).
127. See Dustin R. Alcala, Physical Boundaries of Color/Cultural Boundaries of Place, 9 BERKELEY MCNAIR RES. J. 93, 97 (2001) ("Claiming ordinariness may also be a way of claiming achievement over racism. Couples . . . seek to enjoy the ordinariness of married life as well as the uniqueness of their multicultural relationship. Their challenges, argument content, and conflict resolution strategies are common to most couples." (citation omitted)).
128. See id. (discussing the tactic of interracial couples to position themselves as like everyone else).
129. Pratt, supra note 11, at 244.
130. See id. at 241.
131. Id. at 244 (quoting Interview with Mildred Loving in Milford, Va. (Oct. 12, 1994)).
132. See Frontline, PBS, American Porn, http://www.pbs.org/wgbh/pages/ frontline/shows/porn/prosecuting/cambria.html (last visited Feb. 17, 2006) ("[T]he Cambria list shows how the adult industry is seeking to be more careful, fearing a potential crackdown on pornography by the Bush administration.").
133. See id. ("Do not include . . . black men-white women themes.").
134. See, e.g., G. W. Dowsett, I'll Show You Mine, if You'll Show Me Yours: Gay Men, Masculinity Research, Men's Studies, and Sex, 22 THEORY & SOC'Y 697 (1993). If I can caricature the issue for a moment: it is about each man's relationship to his vacuum cleaner. . . . It is important to note that every day, each gay man is responsible for his job or career, his social life, sporting and cultural interests, and for his family life - including children . . . . He has to maintain emotional attachments to lovers and commitments to longstanding networks of friends. Along with all of this comes the housework, the shopping, sewing, washing and ironing, and organizing the domestic relations of a household . . . . Id. at 702.
135. Id. at 705.
136. Id. at 706 (quoting Joseph Bristow, Homophobia/Misogyny: Sexual Fears, Sexual Definitions, in COMING ON STRONG: GAY POLITICS AND CULTURE 54, 74 (Simon Shepherd & Mich Wallis eds., 1989)) (emphasis omitted).
137. USHER, Confessions, Pt. 2, on CONFESSIONS (Arista Records 2004).
138. For an analysis of the differences between American- and Canadian-style racism, namely the more blatant versus subtle racism, see RACISM EH? A CRITICAL INTERDISCIPLINARY ANTHOLOGY ON RACE AND RACISM IN CANADA (Camille A. Nelson & Charmaine A. Nelson eds. 2004).
139. The official motto for Jamaica is "Out of Many One People," a celebration of the island's multicultural heritage. See Jam. Info. Serv., National Symbols, http://www.jis.gov.jm/special_sections/Independence/symbols. html (last visited Feb. 19, 2007). The Canadian Charter of Rights and Freedoms, part of the Canadian Constitution, includes several sections relating to diversity and multiculturalism. Section 15(1) reaffirms the concepts of equality and freedom from discrimination while section 27 states that the Charter will be "interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians."
140. See Deborah A. Thomas, Emancipating the Nation (Again): Notes on Nationalism, "Modernization," and other Dilemmas in Post-Colonial Jamaica, 5 IDENTITIES 501 (exploring the connection between Jamaica's colonial past, African heritage and the forging of a modern Jamaican identity);
141. see also Donna Hope, Origins of Black Bedroom Conflict, JAMAICAN GLEANER, Jan. 27, 2002, http://www.jamaica-gleaner. com/gleaner/20020127/ent/ent3.html (remarking that race, class, and gender intersect in Jamaica in a manner that belies the colonial legacy);
142. David Scott, Political Rationalities of the Jamaican Modern, 14 SMALL AXE 1 (2003) (examining the return to studies of Jamaican politics in light of contemporary economic, political, and security issues).
143. See MORAN, supra note 28, at 18-28; see also Frank W. Sweet, Essays on the Color Line and the One-Drop Rule, BACKINTYME ESSAYS, July 1, 2005, http://www.backintyme.com/ essay050701.htm (acknowledging the colonial roots of "colored" - as opposed to black - Jamaicans and the prevalence of intermarriage even in colonial times).
144. See, e.g., Joan R. Tarpley, Blackwomen, Sexual Myth, and Jurisprudence, 69 TEMP. L. REV. 1343, 1345-47 (1996) (discussing the stereotype of a black woman as a "jezebel");
145. see also Nancy Ehrenreich, The Colonization of the Womb, 43 DUKE L.J. 492, 510-11 (1994) ("Black theorist Patricia Hill Collins describes four harmful images of black women: the mammy (faithful, nurturing, asexual, obedient), the Jezebel (sexually promiscuous), the welfare mother (irresponsible, lazy), and the matriarch (emasculating, aggressive, disobedient to male authority)."
146. (citing PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT: KNOWLEDGE, CONSCIOUSNESS, AND THE POLITICS OF EMPOWERMENT 71-78 (1991)));
147. Lori A. Tribbett-Williams, Saying Nothing, Talking Loud: Lil' Kim and Foxy Brown, Caricatures of African-American Womanhood, 10 S. CAL. REV. L. & WOMEN'S STUD. 167, 174 & n.45 (discussing the notion of a fractured societal view of White women and slave women due to the restraints of the "Lady/Jezebel classifications"
148. (citing PATRICIA MORTON, DISFIGURED IMAGES: THE HISTORICAL ASSAULT ON AFRO-AMERICAN WOMEN 9 (1991))).
149. This Article uses the term "(re)productivity" to highlight sociopolitical and sociolegal interferences with women's reproduction. Typically understood, reproduction relates to the biological capacity for childbearing. "(Re)productivity," however, focuses on the element of production involved in reproduction - the contextual incentives and processes of producing, in this case, offspring. See Camille A. Nelson, American Husbandry: Legal Norms Impacting the Production of (Re)productivity, 19 YALE J. L. & FEMINISM (forthcoming 2007).
150. Medicine has used the supposed engorged genitals and protruding buttocks of blacks as a signifier of hypersexuality. See Zine Magubane, Which Bodies Matter? Feminism, Poststructuralism, Race, and the Curious Theoretical Odyssey of the "Hottentot Venus," 15 GENDER & SOC'Y 816, 816-17 (2001). Baartmann, a Khoikoi woman, was taken from the Cape Colony in South Africa and exhibited at the Piccadilly Circus in London because of the purported abnormality of her sexual organs. She was said to suffer from both steatopygia (an enlargement of the buttocks) and an elongation of the labia (thus named the "Hottentot Apron"). Baartmann suffered the indignity of public exhibition and became the subject of popular lore and political lampooning before her premature death and subsequent dissection at the hands of Georges Cuvier, a French anatomist. Id. at 817;
151. Jennifer C Nash, From Lavender to Purple: Privacy, Black Women, and Feminist Legal Theory, 11 CARDOZO WOMEN'S L.J. 303, 320-23 (2005). The law also, for example, refused to recognize that female slaves could be raped.
152. See WILLIAM GOODELL, THE AMERICAN SLAVE CODE IN THEORY AND PRACTICE: ITS DISTINCTIVE FEATURES SHOWN BY ITS STATUTES, JUDICIAL DECISIONS, AND ILLUSTRATIVE FACTS 86 (1968) ("'Rape committed on a female slave is an offense not recognized by law.' Such facts, in their almost interminable varieties, corroborate the preceding, and illustrate the almost innumerable uses of slave property!" (quoting MSS by Judge Jay)). Additionally, society's view of welfare recipients has led to further racial misconceptions: "The fact that 90 percent of women on welfare have only two children, and that most welfare recipients are white, means nothing to those who indulge in their masturbatory mulling about black welfare queens who purportedly reproduce like rabbits." WILLIAMS, supra note 76, at 170.
153. See, e.g., SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE (1975) (arguing that rape is a frequent crime of violence against women);
154. Catherine A. MacKinnon, Crimes of War, Crimes of Peace, in ON HUMAN RIGHTS: THE OXFORD AMNESTY LECTURES 1993, at 83-109 (S. Shute & S. Hurley eds., 1993);
155. Indai Lourdes Sajor, Challenging International Law: The Question for Justice of the Former "Comfort Women," in GOLBAL ISSUES, WOMEN AND JUSTICE 288 (Sharon Pickering & Caroline Lambert eds., 2004) (stating that over 200,000 women were forced into sexual slavery and raped by the Japanese during World War II);
156. see also Karen Parker & Jennifer F. Chew, Compensation for Japan's World War II War-Rape Victims, 17 HASTINGS INT'L & COMP. L. REV. 497 (1994);
157. Paul M. Schimpf, Talk the Talk; Now Walk the Walk: Giving an Absolute Privilege to Communications Between a Victim and Victim-Advocate in the Military, 185 MIL. L. REV. 149, 154 n.26 (2006) ("A 2003 study interviewed 558 women who were veterans of the Vietnam and Persian Gulf eras and found that 28% had experienced a rape or attempted rape during their military service."
158. (citing U.S. DEP'T OF DEFENSE, TASK FORCE REPORT ON CARE FOR VICTIMS OF SEXUAL ASSAULT 32 (2004)));
159. Alexandra Stiglmayer, The Rapes in Bosnia-Herzegovina, in MASS RAPE: THE WAR AGAINST WOMEN IN BOSNIA-HERZEGOVINA 82 (Alexandra Stiglmayer ed., 1994);
160. Rhonda Copelon, Gendered War Crimes: Reconceptualizing Rape in Time of War, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 197 (Julie Peters & Andrea Wolper eds., 1995);
161. David S. Mitchell, The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine, 15 DUKE J. COMP. & INT'L L. 219, 222-23 (2005) (mentioning the massive abuses in Rwanda, the former Yugoslavia, and Sierra Leone).
162. See KENNEDY, supra note 31, at 41 ("[During slavery, there] was probably more black-white sex than at any other time (thus far) in American history. Most of it was unwanted sex, stemming from white males' exploitation of black women . . . ."); RENEE C. ROMANO, RACE MIXING: BLACK-WHITE MARRIAGE IN POSTWAR AMERICA 217-22 (2003) (exploring negative and hostile reactions of African Americans to black-white interracial relationships).
163. KENNEDY, supra note 31, at 162-64; see also Kyle D. Killian, Crossing Borders: Race, Gender, and Their Intersections in Interracial Couples, 13 J. FEMINIST FAM. THERAPY 1 (2001) ; Hope, supra note 104 (acknowledging the lack of power black men have historically had over black women and exploring the ways that this affects contemporary popular culture).
164. See, e.g., KENNEDY, supra note 31, at 168 n.* ("[B]lack men . . . even late in the twentieth century, continued to feel stung by the inability of their forebears to protect their womenfolk from the unwanted sexual attention of white men.").
165. See Cooper, supra note 3, at 857-58 (describing the purported desire to be racially even-handed while simultaneous making decisions which disparately impact racialized people).
166. See PAUL M. BARRETT, THE GOOD BLACK: A TRUE STORY OF RACE IN AMERICA (1999) (discussing how, despite attempting to be the "good black" - non-threatening, Harvard educated, and assimilated - Lawrence D. Mungin brought a successful racial discrimination suit against his law firm); see also MORAN, supra note 28, at 104 ("Both black men and women have been stereotyped as hypersexual and promiscuous."); KENNEDY, supra note 31, at 14-18 (detailing some of the stereotypes of black male sexuality, including larger penises, greater sexual energy, and heightened sexual eagerness and desire);
167. Christian Halliburton, Neither Separate Nor Equal: How Race-Sensitive Enforcement of Criminal Laws Threatens to Undo Brown v. Board of Education, 3 SEATTLE J. FOR SOC. JUST. 45, 57-59 (exploring the myth of the sexually transgressive and ravenous black man through analyzing a particular rape case).
168. I know this because of the heightened respect I experience when I am out with a black male friend. It is usually assumed that we are a couple. Indeed, even if I do not know the black male sitting beside me, for instance on an airplane, I am often treated as though we are together - for example, I am given the stranger's snacks if he is sleeping and asked whether he wants a beverage.
169. See ROOT, supra note 51, at 170.
170. Reporting the results of her work with focus groups of black women, Professor Erica Chito Childs said that [t]he college woman raised legitimate concerns about their future and questioned whether there will be a Black man to raise a family with because of the shortage of Black men, which is attributed, at least partly, to large numbers of Black men's choosing white women. Furthermore, the women reference the unlikelihood of white men as partners based on white racism, Eurocentric standards of beauty, and lack of opportunity or desire to interact. Erica Chito Childs, Looking Behind the Stereotypes of the "Angry Black Woman": An Exploration of Black Women's Responses to Interracial Relationships, 19 GENDER & SOC'Y 544, 554-55 (2005); see also KENNEDY, supra note 31, at 120.
171. See Childs, supra note 117, at 551-52 (finding that college students were more accepting of black women being in relationships with white men than of black men being in relationships with white women). Some revealing comments from Childs's study include the following: "A Black woman with a white man can go further, and there's not the same idea that she's going to desert the African American community," "You see so many Black guys running around with white girls that it's almost like, See this is what you get," "When I see a Black girl with a white guy, I think it must be love; he must be doing something right for her to cross over like that, or maybe he has money." Id.; see also KENNEDY, supra note 31, at 120.
172. Growing up in Canada, interracial relationships, at least black man-white woman, seemed the order of the day. Indeed, when I grew up in the suburbs of Whitby (which the few black kids referred to as White-by), Ontario, a middle-class bedroom community thirty minutes by highway from Toronto, my prospects for dating a black person were slim given the relative absence of black families in the suburbs and the corresponding relative absence of blacks in the schools. Times have, however, changed. As housing prices in Toronto skyrocketed, many families of color relocated to the more affordable suburbs. See Mier Siemiatycki et al., Integrating Community Diversity in Toronto: On Whose Terms?, CERIS Working Paper No. 14, http://ceris. metropolis.net/Virtual%20Library/community/siemiatycki2.html.
173. See KENNEDY, supra note 31, at 14 ("Race has - and has long had - a massive presence in the sexual imaginations of Americans . . . . These idesas seeped into the consciousness of Americans of all races and . . . contributed to a racial folklore that is still in existence, still growing, and still remarkable in its reach.").
174. Childs, supra note 117, at 544 (quoting ROCKQUEMORE & BRUNSMA, supra note 42, at ix).
175. See Charmaine C. Williams, The Angry Black Woman Scholar, 13 NWSA J. 87 (2001) (sharing several anecdotes which provoked the author to narrate her displeasure and construction as an angry black woman);
176. see also Vanessa E. Jones, The Angry Black Woman, BOSTON GLOBE, Apr. 20, 2004, at F1 ("Tart-tongued or driven and no-nonsense, [the Angry Black Woman] is a stereotype that amuses some and offends others.").
177. I am reminded of a conversation I had with one of my students when I visited my alma mater in Ottawa, Canada. As a former clerk, I was encouraging her to apply for clerkships with the Supreme Court of Canada. She pondered the opportunity, yet wondered aloud whether I had assessed how such an opportunity might have affected my street credibility - by taking advantage of such a wonderful privilege, had I disconnected myself from "my peeps," thereby becoming permanently removed from my community. Cf. KENNEDY, supra note 31, at 34 (commenting that in countering white racial pride, some blacks have asserted black power and are antagonistic to interracial intimacies, especially with white partners). Kennedy has noted that blacks who marry outside of the black race are sometimes considered to be "racial defectors." See Kennedy, supra note at 28, at 820.
178. See ROMANO, supra note 110, at 216-41; KENNEDY, supra note 31, at 110-15 (providing an overview of African American antagonism towards black-white interracial relationships as evidence of a lack of racial solidarity).
179. See KENNEDY, supra note 31, at 14-18 (discussing the sexual stereotypes surrounding black manhood). See generally SANDER L. GILMAN, DIFFERENCE AND PATHOLOGY: STEREOTYPES OF SEXUALITY, RACE, AND MADNESS 109-28 (1985) (examining black sexuality in modern consciousness);
180. JAN NEDERVEEN PIETERSE, WHITE ON BLACK: IMAGES OF AFRICA AND BLACKS IN WESTERN POPULAR CULTURE (1992) (examining stereotypical images of blacks as entertainers, servants, athletes, and in the sexual arena).
181. Perhaps debunking my thesis of critical consciousness, my partner insists that this is one stereotype which he is not invested in discrediting. Revealing his great sense of humor, he is happy to let these particular stereotypes run their course.
182. See Killian, supra note 111, at 23 (speculating that some of the negativity surrounding mixed race children stems from "thinly veiled manifestations of people's discomfort around interracial relationships and relations").
183. 80 Mo. 175, 179 (1883).
184. See Moran, supra note 28, at 88.
185. Id.
186. 39 Ga. 321, 323 (1869).
187. See 231 P. 483, 483 (Okla. 1924).
188. Id. at 484 (quoting 18 RULING CASE LAW Marriage § 31 (1917)).
189. 347 U.S. 483
190. KENNEDY, supra note 31, at 278.
191. Id. at 278-79.
192. Id. at 279-80.
193. THE BIRTH OF A NATION (1915). Film scholars agree, however, that it is the single most important and key film of all time in American movie history - it contains many new cinematic innovations and refinements, technical effects and artistic advancements, including a color sequence at the end. It had a formative influence on future films and has had a recognized impact on film history and the development of film as art. In addition, at almost three hours in length, it was the longest film to date. However, it still provokes conflicting views about its message. Tim Dirks, The Birth of a Nation (1915), FILMSITE.ORG, http://www.filmsite. org/birt.html (last visited Feb. 18, 2007).
194. Id.
195. Id.
196. MORAN, supra note 28, at 178.
197. See generally Bryan J. Grapes, Introduction to INTERRACIAL RELATIONSHIPS 8 (Bryan J. Grapes ed., 2000).
198. See, e.g., ZIV, supra note 28, at 5 ("Perhaps the more 'different' you and your mate are the healthier and more attractive your children will be. . . . Mating outside our ethnic group or race can result in genetically healthier children. Children who are less likely to be sickly and more likely to be sexy.").
199. The theory of multiple intelligence explores the manner in which people learn differently according to their personal skill sets. This theory posits that intelligence cannot be measured by any single number as it includes various visual, kinesthetic, musical, interpersonal, and intrapersonal forms of intelligence. See generally HOWARD GARNDER, FRAMES OF MIND: THE THEORY OF MULTIPLE INTELLIGENCES (1993).
200. Martin Luther King, Jr., I Have a Dream, Address at March on Washington, Aug. 28, 1963 (transcript available at http://www.mlkonline.net/dream.html) ("I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.").
201. The United Nations recognized Toronto as "the world's most multicultural city." City of Toronto, http://www.ontariotravel.net/ TcisCtrl?site=consumers&key1=destinations&key2=GTA&key3= Toronto&language=EN (last visited Oct. 2, 2007);
202. see also Cindy Hatcher, Get a Taste of Toronto, CNN.COM, Nov. 13, 2006, http://www.cnn.com/2006/TRAVEL/DESTINATIONS/10/ 12/toronto.cuisine/index.html ("Toronto has attracted so many cultures to its shores that the United Nations deemed it the world's most multicultural city.").
203. The city's official motto is "Diversity Our Strength." See City of Toronto, City of Toronto Motto, http://www.toronto.ca/ protocol/motto.htm (last visited Oct. 2, 2007). Further, "[o]f the 14.1 million persons in couples [in Canada] in 2001, 452,000 people were in mixed unions."
204. Anne Milan & Brian Hamm, Mixed Unions, CANADIAN SOC. TRENDS, Summer 2004, at 2, 2. "In the United States in 2000, 2.0% of all couples (married and common-law) were mixed, lower than the proportions in Canada in 2001 (3.1%)." Id. at 6.
205. See Peter Kwan, Complicity and Complexity: Cosynthesis and Praxis, 49 DEPAUL L. REV. 673,688 (2000). Cosynthesis insists that identity categories are sometimes themselves constructed or synthesized out of and relies upon other categorical notions. Therefore, this mutually defining, synergistic, and complicit relationship between identity categories is a dynamic model of multiple subordinating gestures. It denies the priority of the deconstructive concerns of class over race, of race over gender, or of gender over sexual orientation, of anything over anything else. Id.;
206. see also Peter Kwan, Jeffrey Dahmer and the Cosynthesis of Categories, 48 HASTINGS L.J. 1257 (1997) (arguing for the simultaneous implication of race, gender, and homosexuality as opposed to rigid automatic constructs of such categories);
207. Darren Leonard Hutchinson, Identity Crisis: "Intersectionality, " "Multidimensionality," and the Development of an Adequate Theory of Subordination, 6 MICH. J. RACE & L. 285 (2001);
208. Darren Leonard Hutchinson, Ignoring the Sexualization of Race: Heteronormativity, Critical Race Theory and Anti-Racist Politics, 47 BUFF. L. REV. 1 (1999);
209. Kimberlé Crenshaw, Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, 43 STAN. L. REV. 1241, 1246 (1991).
210. Hurling is the national sport of Ireland. St. Louisans Make like the Irish and Start Hurling, ST. LOUIS POST- DISPATCH, Aug. 22, 2005, at C1 (noting that the game predates soccer, rugby, field hockey, lacrosse and baseball and explaining the goal of the game as to score by hitting the sliothar with your hurley through the top or bottom of the goal post).
211. Cf. Black People Love Us!, http://www.blackpeopleloveus.com/ (last visited Feb. 18, 2006) ("Johnny always says: 'I'm not racist; one of my best friends is Black!' I think he might mean me!").
212. See RUDOLF THE RED-NOSED REINDEER AND THE ISLAND OF THE MISFIT TOYS (Good Times Video 2001).
213. The Metropolitan Racial and Ethnic Change, which computes racial segregation or disparity using the 2000 Census, has found that, in the metropolitan St. Louis area, whites and blacks score an 82.8 out of 100 on the dissimilarity index. METRO. RACIAL & ETHNIC CHANGE - CENSUS 2000, ST. LOUIS, MO-IL MSA, http://mumford1.dyndns.org/cen2000/WholePop/WPSegdata/7040msa.htm (last visited Aug. 14, 2007). A high value indicates that these two groups tend to live in different areas. Id. Other compared groups include blacks with hispanics (70.1), blacks with Asians (79.5), whites with hispanics (29.4) and whites with Asians (41.3). Id. According to isolation indices, 93.2% of whites live in an area heavily populated by whites and 74.7% of blacks live in an area heavily populated with blacks. See id. Hispanics with hispanics and Asians with Asians are 1.7% and 1.5%, respectively. See id.;
214. see also Jomills Henry Braddock II & James M. McPartland, Social-Psychological Processes that Perpetuate Racial Segregation: The Relationship Between School and Employment Desegregation, 19 J. BLACK STUD. 267, 285-86 (1989);
215. Dennis D. Parker, Are Reports of Brown's Demise Exaggerated? Perspectives of a School Desegregation Litigator, 49 N.Y.L. SCH. L. REV. 1069 (2004);
216. Daria Roithmayr, Locked in Segregation, 12 VA. J. SOC. POL'Y & L. 197 (2004).