What Comes Naturally : Miscegenation Law And The Making Of Race

In Omi and Winant, Racial Formation the topic of what race is brought up. They bring up the question of "What is race?" Which lead to the use of pseudo-science to justify the physical difference that were observed. Race is later defined as a social construct which is shaped by broader societal forces.

The book has as its principal thesis the consideration of race as “a folk classification, a product of popular beliefs about human differences that evolved from 16th to 19th centuries” (Smedley, 2007, pag.24). The book also specifies three characteristics that distinguish the racial ideology in America: the absence of a category for biracial people, the homogenization of the black or African American Americans, and the impossibility to change a person’s race. (Smedley, 2007, pag.7)

To begin with, the aim of this paper is to respond to the article written by Ian F. Haney Lopez. The main idea of this article was to discuss the question of belonging of a person to this or that racial group. According to Lopez the construction of race is mostly based on the choice of the society, but not on the genetic or other information. My response to this article will be rather neutral because it is fifty percent agreed with her point of view and half a hundred percent disagreed.

The social construction of race is a topic that is worth discussing. In the United States the black/white color line has historically been rigidly defined and enforced. People have been stereotypical and afraid as long as I can remember. Labeling people as we think they should be based on the color of their skin or just thinking it’s in their biology so they must be this or they must be that. Race is socially constructed and is not a biological construct.

In The Social Construction of Race, Ian F. Haney Lopez defines race as a social construct that is constantly changing its meaning due to the fickle nature of society. Lopez believes that this fickleness stems from a social climate formed by a variety of factors such as human economic interest, current events, and ideology. There are certain racial definitions however, that have remained mostly the same despite efforts to bring attention to the offensiveness and immorality of such discriminatory thinking. These stereotypes are oftentimes negative and apply to members of minority races, which end up perpetuating themselves into various cultural outlets of society including the media and film. Through the use of such popular forms of entertainment, the definitions of a race remain largely unchanged as future generations remain exposed to these racial classifications.

“We use the term racial formation to refer to the process by which social, economic and political forces determine the content and importance of racial categories, and by which they are in turn shaped by racial meanings.” (Omi and Winant 14) Through observing certain events in the economy, politics, and society, we can understand the unwanted ascribing of racial identities to the minorities that led to their unfair treatment and discrimination. The underlying factors that led to this utilization of racial formation were a scarcity of jobs, political policies to maintain power, and racial division through class differences.

The PBS series “Race: The Power of an Illusion” effectively works to expose race as a social construct and deconstructs the false notions that race is a biological marker. The series first discusses that all human beings originated from Africa but dispersed about 70,000 years ago to various places in the world. As a result of this migration, people were spread to different locations throughout the world with different environmental conditions that affected their physical traits. It was many years after the migration in which people began to display these new physical traits such as slanted eyes, fair skin, and differing hair textures. While the series notes the physical changes that occurred during the migration it also emphasizes that race while it may seem apparent in skin color and other physical features has no real biological basis.

Laws are not only as the dictionary says, “any written or positive rule or collection of rules prescribed under the authority of the state or nations.” The rules that are written reflect the racist, classist, and sexist biases and assumptions maintained in our nation. In other words, laws mirror the customs of the majority that are in power. This is especially evident in the United States during the late nineteenth century when many people were debating the question of what it means to be an American. There are various responses, some by “native born” such as, Fredrick Jackson Turner who wrote the propaganda piece: The Significance of the Frontier or some like Takao Ozawa, an immigrant from Japan who defines Americanness in his legal brief for naturalization. However, it seems as those who are vulnerable [i.e. women, Black, and Brown people] in an aggressive nation such as the United States, hold with them the true meaning of what it means to be American. For instance, while some were arguing whether or not to assimilate the “other” as Americans, one community of the other were fighting to stay in a land they were forced into; to be considered humans let alone American. In this paper, I will discuss the ways that the 13th, 14th, and 15th Amendments brought freedom for African Americans, for a moment, and how white supremacy has fought this from happening. It also looks at the ways non-black and non-white immigrants, such as Japanese and Mexican people, have utilized the

In this application, I will research and analyze Anti-Miscegenation Statutes within the United States and evaluate two cases that are associated with them. Miscegenation is the method of mixing varionus races, whether they are mixed by marriage, procreation, or even sexual intercourse. (Martin)

For years there have been forbidden love and marriage in the history of the United States, I decided to write a reflection on my thoughts views, fact findings and information regarding biracial marriages and segregation laws that were discriminatory in history. I read the short story about the Loving family and their pursuit to the Supreme Court in 1967, I thought of my own family history and realized that my paternal grandparents would’ve been prosecuted had they lived in Virginia or any other state that prohibited bi-racial marriages in the 1900s.

In What Comes Naturally: Miscegenation Law and the Making of Race in America, Peggy Pascoe examines the history of miscegenation and how it laid the foundation of white supremacy in the United States. While visible forms of white supremacy such as segregation helped mask the importance of miscegenation laws, Pascoe argues that miscegenation laws was a national movement tied inseparably to gender and sexuality that went beyond the Black/White dynamic, which courts and bureaucracies of local marriage officials used to produce race in America. Pascoe goes on to argue that the core of miscegenation laws reached beyond the realm of romance as courts began to condemn the respectability of interracial relationships by equating them with illicit sex rather than marriage. Thus, this idea of unrespectable, unnatural, and immoral relationships became women into the fabric of the American society.

As a black girl, I have thought about race a lot. I have personally seen how race has affected my education, opportunities, dealings with police, employment, and everyday interactions with people. Of course, I know that race does not exist as a scientific category. The theory of race is not a biological reality, and has been proven as illegitimate.There is after all only one race - the human race. We all have the same basic characteristics and genetically are all homo sapien sapiens. Our physical differences can be explained by means of Charles Darwin’s concept of human variation. Thus, our various physical characteristics such as skin colour and hair texture are a result of our ancestors geographical origins. In contrast to its biological

In recent decades, the Supreme Court has not granted certiorari for many gender-based discrimination cases, and consequently there has not been much jurisprudential progress lately regarding Equal Protection Clause claims. It is not uncommon for the Supreme Court to back off of certain issues that they feel are largely solved for the time being. Feeling that the existing precedent is satisfactory, the Court has not shown a desire to alter the test for gender-based claims and have settled on using an intermediate level of scrutiny for such cases, in between rational basis and strict scrutiny. Race and national origin are the only groups that are given strict scrutiny under the Supreme Court’s current Equal Protection Clause analysis.

The English term ‘race’ is believed to originate from the Spanish word raza, which means ‘breed’ or ‘stock’ (Race). People use race to define other groups, this separation of groups is based largely on physical features. Features like skin color and hair don’t affect the fundamental biology of human variation (Hotz). Race is truly only skin deep, there are no true biological separations between two ‘racial’ groups. Scientifically speaking, there is more variation between single local groups than there is between two large, global groups; the human variation is constantly altering (Lewontin). The majority of today’s anthropologists agree that race is a form of social categorization, not the separation of groups based on biological

The law forbidding interracial marriage was terminated in 1967, and in the midst of rapid racial change, one fact is unmistakable: A growing number of Americans are showing that we all can get along by forming relationships and families that cross all color lines. In the past couple decades, the number of interracial marriages has increased dramatically. Interracial dating and marrying is described as the dating or marrying of two people of different races, and it is becoming much more common to do so. Thirty years ago, only one in every 100 children born in the United States was of mixed race. Today, the number is one in 19. In some states, such as California and Washington, the number is closer to one in 10 (Melting Pot).