E-mail:
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Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
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Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
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David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
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Adam Winkler winkler at ucla.edu
Racial Innocence: Unmasking Latino Anti-Black Bias and the Struggle for
Equality,
by Professor Tanya Katerí Hernández, is a courageous book and a
vital addition to a growing body of work helping readers to recognize and to
dismantle anti-Blackness and structural racism in the United States. (Two
powerful examples are Isabel Wilkerson’s
Caste: The Origins of
Our Discontentsand Claudia Rankine’s Just Us: An American
Conversation). In
Racial Innocence’s skillful melding
of personal narrative with scholarly inquiry, I also found some illuminating resonances with
Undoing the Knots: Five Generations of American Catholic Anti-Blackness, by Professor
Maureen H. O’Connell. In challenging the
premise that “Latinos can’t be racist” with powerful stories, case law, and statistics,
along with personal and familial narratives, Professor Hernández demonstrates the limits of
viewing anti-Black racism as being solely about “White non-Hispanics” (12). As Professor Rhonda Reaves observes in this symposium, Racial
Innocence challenges “the traditional notion that race in the United States
coalesces around a Black/White binary and that only Whites can engage in racist
behavior.” In a generative exchange between Leslie Espinoza and Angela Harris, Embracing the Tar-Baby:
Lat-Crit Theory and the Sticky Mess of Race (published both in California Law Review and La Raza Journal), these two scholars candidly
explored the tension between, on the one hand,
criticisms by LatCrit theorists of the “black-white paradigm” in the
U.S. for making “other non-whites invisible”
and, on the other, a defense of “[B]lack exceptionalism,” which centers the
“black-white paradigm” because Black people must be placed at the “center” of
“any analysis of American culture or American white supremacy” (10 La Raza L.J.
517; 85 Calif. L. Rev. 1603). They candidly addressed the worry (citing Ian
Haney-López)
that the embrace of “ethnicity” (rather than race) by Latino/as could
implicitly be a rejection of “blackness” and an accommodation of the “white
over black” hierarchy. Twenty-five years
later, Racial Innocence carefully and
unflinchingly charts “Latino discrimination against Afro-Latinos and African
Americans” to disrupt the narrative that “Latino anti-Blackness is a made-up
problem” and to reveal how this bias contributes to the racial caste system
(5-6, 10).
I recently
had the good fortune to participate in a panel, “Can We Talk About Racism?,” with Professor Hernández and Professor O’Connell—sponsored
by Fordham Law School—putting their books into conversation with my Who’s The Bigot? Learning from Conflicts about Marriage and Civil Rights
Law. The prominent role played in Racial Innocence by “social distance”
(as understood in the study of prejudice) was of particular interest to me. In Who’s the Bigot?, I reviewed classic
texts in the scientific study of prejudice. One early tool was the “social
distance scale,” used to measure the willingness of “Americans” to admit members
of particular “races” (there were initially 40 such “races” in Emory Bogardus’s
scales from the 1920s, including “Mexicans”) to various forms of contact. Such
contact ranged from the most intimate (“close kinship by marriage”) to the most
distant (willing to allow as a “visitor” to “my country” or “would exclude from
my country”) (Who’s the Bigot?, 39).
Many subsequent instruments aimed at revealing prejudice asked college
students, for example, their willingness to engage in direct personal relations
or social relations with Catholics, African Americans, and Jews: intermarriage
was a frequent topic in such questions (39-40). These instruments also gauged
attitudes about social equality—how willing were people surveyed to cross
ethnic, racial and religious lines not only in marriage but also in a range of
close social relations? The use of these
instruments highlights the Black/White binary or paradigm. As psychologists
Mahzarin R. Banaji and Anthony G. Greenwald observe, in Blindspot: Hidden
Biases of Good People, in the second half of the 20th century,
researchers “focused increasingly on Black-White relations, which became the
most intensely studied form of prejudice—a status it retains to the present
day” (175).
Professor
Hernández
expands that focus: while there are few “social science measures of Latino
racial attitudes,” she finds that those that do exist “depict a consistent
picture of a general Latino preference for maintaining social distance from
African Americans” (20).Racial Innocencealso looks beyond survey data to actual
practices of social distancing between Latinos and African Americans in
housing, schools, congregations, and workplacesA powerful feature of the book is how Hernández brings in personal narratives
and antidiscrimination cases involvingAfro-Latinos (persons who are “simultaneously ethnically Latino and
racially Black,”4)to document how, across “diverse
geographies,” “Latinos regulate public spaces to exclude and demean Blackness”
(55).
As Isabel
Wilkerson argued in Caste, “Race, in
the United States, is the visible agent of the unseen force of caste” (19). The place of families in perpetuating caste is
a sobering topic that Professor Hernández examines, and of particular
interest to me as a family law scholar. She shows the role of “colorism” in creating a
“Latino racial hierarchy,” as part of a “tightly woven caste system that prizes
approximations to Whiteness”—and how families perpetuate that hierarchy (81).
In her Epilogue, she shares painful experiences from her own family history as
an Afro-Latino to show the disturbing role that family can play in reproducing
anti-Blackness and creating family trauma. That personal narrative amplifies
her broader documentation of “familial vigilance against Blackness” through
pressure to marry “lighter and ideally Whiter partners” as a means of
“improving and advancing the race” (18).
Here, Racial Innocence resonates with other
scholarly investigations (e.g., Solangel Maldonado) of “romantic discrimination”—everyday choices in the dating and
marriage market that reflect and perpetuate racial hierarchy. Even as Professor
Hernández
identifies the family as an important transmitter of “anti-Black racism,” she
also recognizes the broader structural forces contributing to anti-Blackness.
Similarly, the scientific study of prejudice looked to the family as a vital
site either for inculcating in children attitudes of social equality and
appreciating diversity or replicating the prejudices of the older generation. But
it also recognized the vital role of the state and civil society actors in
fighting prejudice. As pioneering social psychologist Gordon Allport once
wrote, “No young child is ever a bigot.” He stressed that children should be
educated for equality and for democracy (Who’s
the Bigot?, 25). Today, a similar claim is that “children aren’t born
racist” and that parents have an obligation to keep them from becoming so. (Who
can forget Senator Ted Cruz’s questioning of then-Judge Ketanji Brown Jackson in her Senate confirmation hearings on that point and his obsessive
referencing of the blown-up image of my BU colleague Dr. Ibram X. Kendi’s book,
Antiracist Baby?)Professor Hernández seeks to disrupt the social
reproduction in families of anti-Blackness. She also recognizes that this is
one element in a broader agenda that must include, among other things,
educating lawyers and judges about the role of anti-Blackness so that they can
better enforce antidiscrimination law and inter-ethnic coalition building.
In their
significant scholarly conversation 25 years ago, Professors Espinoza and Harris
addressed the importance of narrative to racial healing, praising the LatCrit
project of telling and listening to stories, including uncovering “lost and
obscured histories” (10 La Raza L.J., 557; 85 Calif. L. Rev. 1643). Professor Hernández anticipates that some of her
readers may question why the stories that she samples in Racial Innocence “should matter” (134). She first reminds readers
of how social movements (such as the feminist movement) are built with
individual stories.Professor Hernández’s further answer is a fitting
way to conclude this commentary on her courageous—or, to agree with the term
used by Professor Berta Esperanza Hernández-Truyol— “awakened” book: “The excavated
voices lifted up in this book illuminate a pattern of Latino anti-Blackness
across time, geographic spaces, and contexts. It is time to listen to those
marginalized voices and have them matter” (134).
Linda C. McClain is Robert Kent Professor Of Law at Boston University School of Law. You can reach her by e-mail at lmcclain@bu.edu.