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Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Faculty Scholarship

University of Maryland Francis King Carey School of Law

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Full-Text Articles in Fourteenth Amendment

Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks Jan 2018

Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks

Faculty Scholarship

One byproduct of increased interracial marriages post Loving is a growing number of multiracial children. This cohort of multiracials tends to overshadow older and larger generations of multiracial people whose genealogical mixture is more distant. Some interracial couples, their multiracial children and others support a multiracial category on the U.S. Census. Proponents argued that multiracial individuals experience a unique type of discrimination that warrants treating them as a separate racial category. This article concedes that multiracial individuals should enjoy the freedom to self-identify as they wish, and like others, be protected by anti-discrimination law. It concludes, however, that current arguments …