Elective Race: Recognizing Race Discrimination in the Era of Racial Self-Identification

Georgetown Law Journal, Vol. 102, 2014

USC Legal Studies Research Papers Series No. 14-41

73 Pages Posted: 8 Oct 2014 Last revised: 31 Mar 2015

Date Written: March 6, 2013

Abstract

This Article posits that we are in a key moment of discursive and ideological transition, an era in which the model of elective race is ascending, poised to become one of the dominant frameworks for understanding race in the United States. Because we are in a period of transition, many Americans still are wedded to fairly traditional attitudes about race. For these Americans, race is still an objective, easily ascertainable fact determined by the process of involuntary racial ascription — how one’s physical traits are racially categorized by third parties. The elective-race framework will challenge these Americans to recognize other ways in which people experience race, including acts of voluntary affiliation as well as selective and conditional affiliations. Importantly, even if one concludes that most Americans still hold traditional, ascriptive-based understandings of race, there is evidence that elective race is steadily gaining influence in certain quarters, shaping government institutions’ formal procedures as well as certain Americans’ racial understandings. To improve the clarity and precision of discussions about elective race, this Article outlines the key premises and norms associated with this ideological framework. My primary goal is to help courts and scholars understand the basic tenets and tensions that are likely to be present in plaintiffs’ elective-race claims. Although some scholars have trivialized racial self-identification interests or represented them as a threat to antidiscrimination law, my project is to show that racial self-identification decisions matter in concrete ways because they can trigger serious race-based social sanctions that are a core anti discrimination law concern. Indeed, as we will see, voluntary racial-affiliation decisions can and do trigger race-based resentment, rejection, and social sanction when they do not match certain expected or established American understandings about the boundaries of racial categories.

Suggested Citation

Rich, Camille Gear, Elective Race: Recognizing Race Discrimination in the Era of Racial Self-Identification (March 6, 2013). USC Legal Studies Research Papers Series No. 14-41. Available at SSRN: https://ssrn.com/abstract=2506379

Camille Gear Rich (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-9043 (Phone)

HOME PAGE: http://lawweb.usc.edu/who/faculty/directory/contactInfo.cfm?detailID=68018

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