E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
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
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
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
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
In
this post, I engage with scholars who provide a comparative perspective and
consider how global forces might impact intimacy patterns and racial
inequality.
As I describe in the
book, discriminatory immigration laws hindered interracial intimacy until the enactment
of the Immigration and Naturalization Act of 1965. Although current immigration
patterns continue to influence opportunities for intimate relationships, both
same-race and interracial, Rachel Moran’s
post asks us consider the ways that climate change might affect intimacy
patterns.Moran observes that
disruptions brought about by climate change, specifically climate-driven migration,
could affect interracial intimacy patterns as the racial backgrounds of climate
migrants entering the U.S. may alter the nation’s demographic profile.She notes that this increase in immigration could
lead to higher rates of interracial marriage but could instead trigger a
“backlash marked by nationalism and xenophobia” that might result in lower
rates of interracial intimacy.
We are in a period
of extreme hostility to immigrants
and backlash against racial equity
so rates of interracial intimacy are unlikely to increase in the near future.More importantly, hostility to migrants even in
progressive parts of the country, along with the
backlash to racial equity, creates obstacles to interracial friendships and
integrated neighborhoods.As Moran
explains, “climate change could alter . . . the human capacity for intimacy”
and asks whether strong “ties would develop across racial or ethnic lines” when
societies experience “global pandemics, extreme weather, and food and water
shortages.” Fear of the unknown is an obstacle to interracial
interactions.My proposals seek to
facilitate development of meaningful interracial friendships at school, in our
neighborhoods, and at work.My hope is
that if “individuals cling more closely to friends and loved ones as a buffer
against adversity,” as Moran suggests, they would include individuals of all
different backgrounds in their close circle of friends and family.
Linda McClain’s
post illustrates the challenges faced by interracial friendships. While we may
be tempted to dismiss the blatant racism in A Passage toIndia,
published 100 years ago, as completely foreign to race relations in the U.S.
today, I agree with McClain that we can glean lessons about social distance and
racial equality by looking at works of fiction from another time and place. As
a child, I loved history (and still keep in touch with my junior high school
history teacher Mr. Swarthé), but I probably learned more about racial
injustice from works of fiction that raised these issues. Unfortunately, many
of these books have been banned in schools
across the country precisely because they raise children’s consciousness about
injustice.
Tanya
Katerí Hernández’s post is a reminder that we can learn important lessons
from other countries’ experiences with interracial relationships. She observes that
some individuals, both in the U.S. and abroad, erroneously assume that interracial
intimacy is evidence “that race relations have improved” and that “racial
mixture will, in and of itself, destroy racism.”Of course this view is Pollyannish and
possibly willfully blind to the racial discrimination around us as recently
summarized by the White House.Even
as norms of female beauty have broadened to include “ethnically ambiguous
women,” preferences for lighter-complexioned individuals remain. When the Washington
Post recently asked three leading AI image generators to show a beautiful
woman, “only nine percent had dark skin tone” and almost none had wide
noses.When it asked them to show “normal
women,” 98 percent of the images produced by one tool had light skin tone.
As Hernández points out, widespread
racism in Latin America, despite the prevalence of racial mixture, demonstrates
that interracial intimacy will not eradicate racism or racial hierarchy.Individuals in Latin American share
Americans’ preferences for lighter-complexioned partners and denigrate loved
ones of African descent, as Hernández illustrates in her study of racial subordination in Latin
America.Dismantling racial hierarchy requires eliminating inequality in housing,
education, and the workplace. As a new Harvard study
reveals, we can improve opportunities by increasing “connections between
communities (e.g., through policies to reduce segregation or foster cross-class
and race interaction in schools and neighborhoods).”The reforms I propose would address
structural inequality, not just discrimination in the dating market.