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Full-Text Articles in Law
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks
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 …
Reflection: How Multiracial Lives Matter, Lauren Sudeall
Reflection: How Multiracial Lives Matter, Lauren Sudeall
Vanderbilt Law School Faculty Publications
Race plays an important organizing function in society, and one over which we have little control as individuals; this can be difficult to reconcile with the self-determination many multiracial individuals possess to control their own racial identity and how it is perceived by others. While some are dismissive of that premise, instead favoring a racial solidarity approach that minimizes the relevance of subcategories, I have contended that it is important to allow multiracial individuals to define their own identity. This is a sentiment that has been echoed by Justice Kennedy's language in several recent opinions discussing racial identity (if not …