Multiracial Malaise: Multiracial as a Legal Racial Category

11 Pages Posted: 9 Feb 2018 Last revised: 2 Oct 2018

See all articles by Taunya Lovell Banks

Taunya Lovell Banks

University of Maryland Francis King Carey School of Law

Date Written: April 2, 2018

Abstract

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 for a multiracial legal category are unpersuasive.

Keywords: multiracial, census, interracial, OMB statistical directive 15, racialization process

Suggested Citation

Banks, Taunya Lovell, Multiracial Malaise: Multiracial as a Legal Racial Category (April 2, 2018). 86 Fordham Law Review 2783 (2018).; U of Maryland Legal Studies Research Paper No. 2018-02. Available at SSRN: https://ssrn.com/abstract=3121418

Taunya Lovell Banks (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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