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Articles 1 - 13 of 13
Full-Text Articles in Family Law
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
Fordham Law Review
This Essay reconsiders or reaffirms the Lovings’ status as civil rights icons by drawing on source material provided by the documentary The Loving Story. This nonfiction treatment of the couple and their lawsuit reveals their complexity as individuals and as a couple, the social relationships that made them desperate to live together and raise their children in Virginia, and the oppression they suffered at the hands of state actors motivated by a virulent white supremacy to make the Lovings’ desire to make a home for themselves in the state impossible. Part I briefly describes the Lovings’ struggle against Virginia’s Racial …
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Fordham Law Review
Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims. …
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya Lovell Banks
Fordham Law Review
The focus of this Article is the underlying assumption of the Brookings Institution report that multiracial individuals constitute a separate racial category. My discussion of legal racial categories focuses only ongovernment “racial” definitions. Multiracial individuals should enjoy thefreedom to self-identify as they wish—and, like others, be afforded theprotections of antidiscrimination law.The question is whether a separate legal racial category is needed to provide that protection. Race in this country has been “crafted from the point of view of [white] race protection” protecting the interests of white Americans from usurpation by non whites and, unless the creation of a separate multiracial …
Loving’S Legacy: Decriminalization And The Regulation Of Sex And Sexuality, Melissa Murray
Loving’S Legacy: Decriminalization And The Regulation Of Sex And Sexuality, Melissa Murray
Fordham Law Review
2017 marked the fiftieth anniversary of Loving v. Virginia, the landmark Supreme Court decision that invalidated bans on miscegenation and interracial marriages. In the years since Loving was decided, it remains a subject of intense scholarly debate and attention. The conventional wisdom suggests that the Court’s decision in Loving was hugely transformative— decriminalizing interracial marriages and relationships and removing the most pernicious legal barriers to such couplings. But other developments suggest otherwise. If we shift our lens from marriages to other areas of the law—child custody cases, for example—Loving’s legacy seems less rosy. In the years preceding and following Loving, …
Prejudice, Constitutional Moral Progress, And Being “On The Right Side Of History”: Reflections On Loving V. Virginia At Fifty, Linda C. Mcclain
Prejudice, Constitutional Moral Progress, And Being “On The Right Side Of History”: Reflections On Loving V. Virginia At Fifty, Linda C. Mcclain
Fordham Law Review
Looking back at the record in Loving, this Article shows the role played by narratives of constitutional moral progress, in which the Lovings and their amici indicted Virginia’s antimiscegenation law as an “odious” relic of slavery and a present-day reflection of racial prejudice. In response, Virginia sought to distance such laws from prejudice and white supremacy by appealing to “the most recent” social science that identified problems posed by “intermarriage,” particularly for children. Such work also rejected the idea that intermarriage was a path toward progress and freedom from prejudice. This Article concludes by briefly examining the appeal to Loving …
More Than Love: Eugenics And The Future Of Loving V. Virginia, Osagie K. Obasogie
More Than Love: Eugenics And The Future Of Loving V. Virginia, Osagie K. Obasogie
Fordham Law Review
This Symposium is dedicated to celebrating how Loving v. Virginia paved the way for greater acceptance of multiracial families and interracial intimacy. Loving is largely understood as a case that rejected the bigotry and hatred experienced by interracial couples and affirmed the idea that law supports love across racial lines. With this narrative comes the popular understanding that Loving stands for the notion that love conquers all. This idea has shaped other legal strategies and social movements, such as the effort to have same-sex marriage legally recognized. Thus, Loving is thought of as drawing attention to the importance of romantic …
Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed
Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed
Fordham Law Review
This Article emerges from Fordham Law Review’s Symposium on the fiftieth anniversary of Loving v. Virginia, the case that found antimiscegenation laws unconstitutional. Inspired by the need to interrogate the regulation of race in the context of family, this Article examines the diffuse regulatory environment around assisted reproductive technology (ART) that shapes procreative decisions and the inequalities that these decisions may engender. ART both centers biology and raises questions about how we imagine our racial futures in the context of family, community, and nation. Importantly, ART demonstrates how both the state and private actors shape family formation along racial lines. …
Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile
Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile
Fordham Law Review
This Foreword provides an overview of Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Center on Race, Law & Justice. Even fifty years later, Loving provides ample foundation for an inquiry into the operation of race and racial inequality in the United States, which touches on the queries outlined above, as well as many others. In our view, a symposium focused on Loving makes a significant contribution by deepening scholarly analysis of that decision and by explicating the kinds of …
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Fordham Law Review
Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued …
When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile
When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile
Fordham Law Review
The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside of …
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong
Fordham Law Review
Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low- income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a “justice gap” that has become even more urgent in recent years. State tribunals that deal with high-stakes issues particularly relevant to low-income residents, such as family courts and housing courts, are seeing an increasing number of litigants, the majority of whom are unrepresented.
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
Fordham Law Review
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After several trips to three different offices in the city, Tabitha still could not get a Medicaid card for Tyler. Tabitha’s city caseworker informed her that she would have to wait until after Tyler’s social security card and birth certificate arrived to get the …
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.