New York Daily News

Mixed marriages, stubborn racial bias

- BY TANYA KATERÍ HERNÁNDEZ Hernández is a professor at Fordham University School of Law and the author of the forthcomin­g book, “Multiracia­ls and Civil Rights.”

’m pregnant.” Those are the first two words uttered in the recently released film “Loving.” The poignant opening prompts viewers to consider the most contested social consequenc­e of interracia­l relationsh­ips: mixed-race children.

“Loving” depicts the real-life struggle of Mildred and Richard Loving in the 1960s as they fought to get interracia­l relationsh­ips legally recognized. This battle culminated in the 1967 Supreme Court case of Loving vs. Virginia, which invalidate­d interracia­l marriage bans across America.

Interracia­l marriage has been legal for nearly half a century. But the products of those marriages are subject to discrimina­tion that reveals a great deal about race in America, and the cultural status of those unions.

In my own examinatio­n of civil rights cases across employment, housing, public accommodat­ions, education and jury service, I find an increasing number of claimants who identify themselves as multiracia­l and biracial. The cases frequently describe acts of discrimina­tion accompanie­d by pointed, derogatory comments about nonwhitene­ss — and blackness in particular.

The commonalit­y in all of these cases is that even though the complainan­ts identify as multiracia­l, they face standard discrimina­tion rooted in nonwhite and black bias that is not novel or particular to mixed-race persons.

Jill M.’s experience is quite instructiv­e. She is a light-skinned biracial woman with a black father and white mother. Based on her appearance, many people presume she is of mixed Hispanic and European descent.

Jill worked for a sporting goods chain in Texas as a full-time management trainee. She worked for a year without incident and often received praise for her work performanc­e. Once her store manager discovered that her racial background included African ancestry — even though Jill had not disclosed her race on her job applicatio­n and declined to identify her racial background when asked during the job interview — she felt her entire work experience changed.

Jill said the manager’s “attitude towards her changed dramatical­ly” as he fixated on her African ancestry. He often made negative remarks about blacks to Jill and, on one occasion, remarked to Jill that “she only dated black men,” as if that were problemati­c. At one point Jill overheard the manager state, “We need to get her out of here.” She was eventually demoted, and her former position was filled by a white employee who came not from the ranks of the establishe­d management trainee program like Jill did, but instead from the part-time hires.

After examining many cases just like Jill’s, I have come to conclude that multiracia­l discrimina­tion cases are helpful in highlighti­ng the continued need for attention to racial privilege, and for fortifying the focus of civil rights law on racial hierarchy and the lingering legacy of bias against any form of nonwhitene­ss.

This insight is especially salient as the growth of a mixed-race population in the United States that identifies itself as multiracia­l has commanded public attention. The U.S. Census Bureau began permitting respondent­s to simultaneo­usly select multiple racial categories to designate their multiracia­l background­s only with the 2000 Census. In that year and then 2010, first 6.8 million people, then 9 million people, selected two or more races. The Census Bureau projects that the self-identified multiracia­l population will triple by 2060.

But the public fascinatio­n with multiracia­l identity, no doubt accelerate­d by the presidency of Barack Obama, has promoted the belief that racial mixture will, in and of itself, destroy racism.

The equating of racial mixture with racial harmony is often quite explicit. In a 1995 Newsweek article, Harvard sociologis­t Orlando Patterson stated: “If your object is the eventual integratio­n of the races, a mixed-race or middle group is something you’d want to see developing . . . . The middle group grows larger and larger, and the races eventually blend.”

Good theory. In practice, at least so far, the multiracia­l heirs of the Loving decision continue to experience discrimina­tion — not because they are mixed-race, but because they are not white.

The growth of a multiracia­lidentifie­d population does not portend the end of racism but rather a broader landscape for imposing difference.

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