K- Racial Binary
1NC Racial Binary K A. The 1AC entrenches the black/white binary – this obscures focus on other forms of racism erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ ara$i%ms of race sha&e our un$erstan$in% of race an$ our $e'nition of racial &roblems. The most &er(asi(e an$ &owerful &ara$i%m of race in the )nite$ *tates is the Black/+hite binary &ara$i%m . / de0ne this 1aradi# as the conce1tion that race in (#erica consists, either e2clusively or 1ri#arily, of only two constituent racial rou1s, the Black and the !hite. 3any scholars of race re&ro$uce this &ara$i%m when they write an$ act as thou%h only the Black an$ the +hite races matter for 1ur1oses of discussin race and social 1olicy with reard to race. The mere reco%nition that ,other &eo&le of color, eist ! without care4 ful attention to their voices, their histories, and their real 1resence, is merely a reassertion of the Black/+hite &ara$i%m . f one concei(es of race an$ racism as &rimarily of concern only to Blacks an$ +hites! an$ un$erstan$s ,other &eo&le of color, only throu%h some unclear anal- o%y to the ,real, races! this ust restates the binary &ara$i%m with a sliht concession to de#ora1hics. 3y assertion is that our shared understandin of race and racis# is essentially li#ited to this Black/+hite binary &ara$i%m .5- This 1aradi# $e'nes! but also limits! the set of &roblems that may be reco%ni0e$ in racial $iscourse . 6uhn7s notion of "nor#al science," which further articulates the 1aradi# and seeks to solve the 1ro8le#s 1erceiva8le 8ecause of the 1aradi#, also a11lies to "nor#al research" on race. 9iven the Black!hite 1aradi#, we would e21ect to 0nd that #uch research on race is concerned with understandin the dyna#ics of the Black and !hite races and atte#1tin to solve the 1ro8le#s 8etween Blacks and !hites. !ithin the 1aradi#, the relevant #aterial facts are facts a8out Blacks and !hites. /n addition, the &ara$i%m $ictates that all other racial i$entities an$ %rou&s in the )nite$ *tates are best un$erstoo$ throu%h the Black/+hite binary &ara$i%m . )nly a few writers even reconi:e that they use a Black!hite 1aradi# as the fra#e of reference throuh which to understand racial relations.5; ost writers sim&ly assume the im&ortance an$ correctness of the &ara$i%m! an$ lea(e the rea$er %ras&in% for whate(er si%ni'cance $escri&tions of the Black/+hite relationshi& ha(e for other &eo&le of color . (s / shall discuss, 8ecause the Black/+hite binary &ara$i%m is so wi$ely acce&te$! other raciali0e$ %rou&s like 2atinos/as! Asian Americans! an$ Nati(e Americans are often mar%inal- i0e$ or i%nore$ alto%ether. (s 6uhn writes, " those that will not 't the bo are often not seen at all ."5
B. This outwei%hs turns the case - the black/white binary &re(ents successful anti-racism mo(ements an$ se(erely limits acknowle$%ement of other forms of eclusion from $ebate erea,
University of Florida law 1rofessor, + "# [Juan,
, #ss
3ne mi%ht obect that am $istortin% history by su%%estin% that sla(ery an$ the e&erience of Black Americans has not been of central im&ortance in the formation of American society. / 8elieve this o8?ection misun$erstan$s my ar%ument. There can be no 4uestion , / think, that sla(ery an$ the mistreatment of Blacks in the United 'tates were crucial buil$in% blocks of American society.5"The fact that the te2tof the * The constitutional, statutory and ?udicial atte#1ts to create #ore e@uality for Blacks, i#1erfect as these all have 8een, corres1ond to the history of #istreat4 #ent of Blacks. y ar%ument is not that this history shoul$ not be an im&ortant focus of racial stu$ies. Rather ! my ar%ument is that the eclusi(e focus on the $e(elo&ment of e4uality $octrines base$ solely on the e&erience of Blacks ! an$ the eclusi(e focus of most scholarshi& on the Black +hite relationshi&! constitutes a &ara$i%m which obscures an$ &re(ents the un$erstan$in% of other forms of ine4uality ! those e&erience$ by non-+hite! non-Black Americans. The Black/+hite binary &ara$i%m , 8y de0nin only Blacks and !hites as relevant 1artici1ants in civil rihts discourse and strule, ten$s to &ro$uce an$ &romote the eclu- sion of other raciali0e$ &eo&les ! includin Latinosas, (sian (#ericans and &ative (#ericans, from this crucial $iscourse which a5ects us all. This eclusion is both the &ower an$ the stricture of the Black/+hite binary &ara$i%m . /ts 1ower derives fro# the fact that a li#ited su8?ect of in@uiry #akes 1ossi8le the study of the Black4!hite relationshi1 in e2traordinary detail and with reat insiht. ts stricture, however, is that it has limite$ se(erely our un$erstan$in% of how +hite racism o&erates with 1articularity a%ainst other raciali0e$ &eo&les . Further#ore, the binary &ara$i%m ren$ers the &articular histories of other raciali0e$ &eo&les irrele(ant to an understandin of the only rac4 is#4 !hite racis# aainst Blacks4that the 1aradi# de0nes to 8e i#4 1ortant. This 1erceived irrelevance is why the history of Latinosas, (sian (#ericans, and &ative (#ericans is so fre@uently #issin fro# the te2ts that structure our thinkin a8out race.
The Alternati(e is to reect the black/white $iscourse an$ re&resentations of the 1AC an$ to embrace a nonbinary framework 6el%a$o 7k 4 1rof A 'eattle Law, Pulit:er Pri:e no#inee
$ichard, 3ay, CDerrick BellEs Toolkit4 Fit to Dis#antle That Fa#ous ouseGH &ew Iork University Law $eview, le2is, d.a. -4+=
inority %rou&s in the )nited *tates shoul$ consi$er aban$onin% all binaries! narrow nationalisms! an$ strate%ies that focus on cuttin% the most fa(orable &ossible $eal with whites! an$ instea$ set u& a secon$ary market in which they ne%otiate selecti(ely with each other . For e2a#1le, instea$ of a&&roachin% the establishment su&&licatin%ly , in ho1es of a #ore favora8le ad#ission for#ula at an elite school or university syste#, Asians mi%ht a&&roach African Americans with the o5er of a bar%ain. That 8arain #iht 8e an aree#ent on the 1art of the latter rou1 to su11ort (sians with res1ect to an issue i#1ortant to the# 4 for e2a#1le, easin i##iration restrictions or su11ortin 8ilinual education in 1u8lic schools 4 in return for their own 1ro#ise not to 1ursue @uite
The i$ea woul$ be for minority %rou&s to assess their own &references an$ make tra$eo5s that will, o1ti#istically, brin% %ains for all concerne$. 'o#e controversies #ay turn out to 8e so intently roll8acks in aKr#ative action or set4asides for 8lack contractors.
1olycentric, 1resentin win4win 1ossi8ilities so that neotiation can advance oals i#1ortant to 8oth sides without co#1ro#isin anythin either rou1 dee#s vital. Like a s#all co##unity that sets u1 an infor#al syste# of 8arter,
echan%in% obs an$ ser(ices moneylessly! thus reducin sales and inco#e ta2es, this a11roach woul$ re$uce the number of times minorities a&&roach whites hat in han$. *ome %ains may be achie(able by means of collecti(e action alone. +hen it is necessary to a&&roach whites for somethin%! a nonbinary framework allows that a&&roach to be ma$e in full force. /t also de1rives vested interests of the o11ortunity to 1ro0t fro# attery, false co#1li#ents, and #ock sy#1athy ")h, your terri8le
%norin% the siren son% of binaries o&ens u& new &ossibilities for coalitions base$ on le(el-hea$e$ assessment of the chances for mutual [M=>- %ain. t liberates one from $e&en$ence on a system that has a$(ance$ minority interests at best s&ora$ically an$ un&re$ictably . /t takes interest converence to a new di#ension. Blue8eard7s
have served as an alleory a8out ender i#8alance and the social construction of #arriae 8etween une@uals. (lthouh Bell does not draw this lesson fro# it, it is certainly as i#1licit in the French fairy tale as the lesson Bell e2tracts a8out 8lack 1roress. 'een throuh this other lens, a straihtforward solution, one that Judith a11arently never conte#1lated, would have 8een to enae in colla8orative action with Blue8eard7s three 1revious wives aainst their co##on o11ressor, the loo#y no8le 8ent on su8?uatin the# all 4 in short, an in?ection of fe#inist solidarity. ersistin%
in an unsuccessful strate%y! wa%in% it with more an$ more ener%y! can &ro(e a counsel of $es&air. 'o#eti#es, as with the black/white binary! one nee$s to turn a thou%ht structure on its si$e , look at it fro# a diNerent anle, and ain so#e needed distance fro# it, before the &ath to liberation becomes clear.
7NC 3(er(iew The kritik challen%es the white/black binary in the 1AC! by ar%uin% that the focus solely on this &ara$i%m obscures other forms of o&&ression. Kritik outwei%hs an$ turns the case8irst! whiteness is ba$! while we a%ree with the %oals of their &roect! the alternati(e reects the 9awe$ e&istemolo%y on which the a:rmati(e %roun$e$ in – the eclusi(e focus on the +hite/Black binary only retrenches whiteness an$ obscures other forms racism. An$ this turns the a5 – the black/white binary &re(ents e5ecti(e s&rea$ of anti-racism an$ obscures our ability to un$erstan$ other forms of ine4uality that are e&erience$ by non-white an$ non-black Americans – 2atinos! Asians! Nati(e Americans! n$ians! an$ more – all %rou&s excluded by their discourse. The binary &ara$i%m only &romotes an$ &ro$uces the eclusion of other racial-i0e$ &eo&les – which is both the &ower an$ the stricture of the Black/+hite binary – se(erely limitin% our un$erstan$in% of how +hite racism o&erate a%ainst other raciali0e$ &eo&les – which ren$ers the &articular histories of other raciali0e$ &eo&les irrele(ant *econ$! we access their im&acts – o&&ression an$ silencin% of the black bo$y is ine(itable because the eclusi(e focus! only the alternati(e allows us to focus on other forms of o&&ression an$ racism. Thir$! ;clusion of other races in the Black/+hite &ara$i%m only furthers white $omination. Bowman 1- 1rof of law A3'U, JD fro# Duke 6risti, Duke Law Journal CThe &ew Face of 'chool Desereation,H htt1%www.law.duke.edushellcite.1lG*>ODukeOL.OJ.O+-*+
+hite &ri(ile%e is reinforce$ when racial an$ ethnic %rou&s are conce&tuali0e$ not as +hite! African American! 2atino! Asian American! Nati(e American! etc., but instea$ as +hite or Non-+hite. Acknowle$%ement of $i5erences amon% %rou&s $isa&&ears in a +hiteNon-+hite &ara$i%m! because instea$ of allowin% racial or ethnic %rou&s to i$entify themsel(es by what they are!7<= all Non- >?&% 1#=#@ +hite %rou&s are e&licitly i$enti'e$ by what they are not! an$ only by reference to whiteness . (lthouh as1ects of a s1eci0c &on4!hite rou1 #iht 8e easier to identify than "!hite culture," this occurs 8ecause !hite culture is #ainstrea# culture. The culture of a s&eci'c Non-+hite %rou& a&&ears $istincti(e because it $e(iates from the norm. Professor 3artha 3ahoney
notes that a ter# such as "racially identi0a8le" in the conte2t of housin and ur8an develo1#ent enerally refers "to locations that are racially identi0a8ly 8lack."5= The sa#e is true in the conte2t of education% racially i$enti'able means racially i$enti'ably Non-+hite. The !hite4&on4!hite 1aradi# reinforces the 1ower dyna#ic of the acted and the acted u1on, of 1resence and a8sence, of the de0nin and the de0ned. The &ower that +hites recei(e from their unearne$ &ri(ile%e in the +hite-Non-+hite $uality ,is! in fact, &ermission to esca&e >the $ebate of race@ or to $ominate ."5> +hen fe$eral courts reinforce this $ynamic in the na#e of school desereation, they &er&etuate the normali0e$, #ainstrea# &ractices an$ institutions that reinforce racial ine4uality . /t is often these 1ractices and institutions that are #ost da#ain in ter#s of 1er1etuatin o11ression 8ecause they are not usually @uestioned. They are conce1tuali:ed as ?ust nor#al.5+ /n conte#1orary school desereation ?uris1rudence, +hites are normali0e$! an$ all Non-+hites are colla&se$ into the cate%ory of ,other., Like (frican (#ericans, Latinos have 8een the victi#s of state4sanctioned educational sereationQ55 8ut if courts ave attention to the 1resent diNerences 8etween (frican (#ericans and Latinos, courts7 re#edial orders would likely 8e structured diNerently. (s will 8e discussed 8elow, the reconition of Latinos and (frican (#ericans as distinct rou1s that continue to suNer diNerent har#s is easily within reach.
AT erm 1. Any incor&oration of the metho$olo%y in the 1AC still links to the kritik. 3ur alternati(e is a reection of the 9awe$ metho$olo%y. 7. +e will win our link ar%uements –the focus on the white/black &ara$i%m results in eclusion of other races. 3ur oore e(i$ence in$icates A. B.
<. erms $ont sol(ethe Black/+hite binary! which coo&ts eamination of other forms of racism! boun$ 1ACs 4uestionin% of racism. erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ owever, $es&ite the so&histication of his &sychoanalytic $econ- struction of Blackness an$ +hiteness and his rich e21loration of their sy#8olic #eanins and functions, his in4uiry into +hite racism is en- tirely boun$e$ by the Black/+hite binary &ara$i%m. +hile Ko(el a$$s to our un$erstan$in% of the Black-+hite relationshi& throuh the a11li4 cation of 1sychoanalysis, he also rei'es the un$erstan$in% that it is only that relationshi& that is worth stu$yin%. /n the sa#e stroke, he elaborates u&on an$ ri%i$i'es the binary &ara$i%m. This ri%i$ity is $estruct- i(e with res&ect to non-Black! non+hite &eo&les! who are ren$ere$ entirely noneistent because of the &ara$i%matic boun$aries of his analy- sis. /f, for a #o#ent, we take a 8roader view, is it really 1lausi8le to belie(e that only Blacks! an$ not n$ians! eican Americans an$ Asians! ha(e im&ortant symbolic meanin%s an$ functions for +hite an$ Black Americans! as well as for each otherD,EThe &ractice of ,normal, racial science an$ &ara$i%m elaboration yiel$s &recisely this im&lausible result there is little or no un$erstan$in% of the symbolic constellation forme$ by the many constituent American racial %rou&s.
F. 3ur alt challen%es all forms of racismG theirs is net more eclusi(e. erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ Another obection that critics mi%ht raise to this work is that am merely substitutin% another! early e4ually o&&ressi(e &ara$i%m for the Black/+hite binary &ara$i%m . /n other words, the criti@ue would 8e that / a# advocatin a Black!hiteLatinoas 1aradi# which would ive Latinosas #ore visi8ility 8ut would render even #ore invisi8le (sian (#ericans, &ative (#ericans,
9y1sies, and other raciali:ed rou1s. This is not the case. ha(e $emonstrate$ that the Black/+hite binary &ara$i%m ren$ers in(isible an$ irrele(ant the history of e(ery %rou& other than +hites an$ Blacks. The rest of us become &art of the un$i5erentiate$ mass of ,minorities, or ,&eo&le of color., !hile / have used 3e2ican4(#erican leal history to de#onstrate the inade@uacy of the Black!hite 1aradi#, and / have written fro# #y 1oint of view as a Latino scholar, / have used this history to illustrate how #uch is lost in the service of nor#al science and research on race, and how the introduction of o#itted history can 1resent a radically diNerent 1icture of what we are tauht to 8elieve a8out the story of strules for e@uality . know that ust as much is lost re%ar$in% Asian-American an$ Nati(e American le%al history. /n like #anner, scholars must also &resent this omitte$ history 1ro#inently as &art of the $e(elo&ment of constitutional law an$ other le%al subects. 5+ y ar%ument is really an ar%ument a%ainst the use of &ara$i%ms of race , aainst orthodo2 atte#1ts to understand the e21eriences of every raciali:ed rou1 8y analoy to Blacks, and for the $e(elo&ment of &articulari0e$ un$erstan$in% of the histories of each an$ e(ery raciali0e$ %rou&. Finally! $o not see my e5orts as $i(isi(e. f anythin%! the &ara$i%m critici0e is $i(isi(e because of its silencin% of many %rou&s. Coalition between Blacks an$ 2atinos/as! for eam&le! $e&en$s u&on 2atinos/as bein% acti(e &artici&ants in $ebates about racism an$ racial ustice .5++ /t re@uires #utual understandin
AT +e $ont eclu$e Their $iscourse is 9awe$ an$ re-entrenches us in the racism im&acts that they rea$ in the 1AC. By usin% the $iscourse of black an$ white in or$er to un$erstan$ racism an$ e$ucate oursel(es on issues of racism it literally ignores the problems of the marginalized – our e(i$ence is in the contet of how the lan%ua%e of black (s. white has been use$ when $escribin% racism in the )nite$ *tates an$ how that by failin% to e(en consi$er other %rou&s furthers the racism in the country. This &ara$i%m s&illso(er into other forms of racism an$ homo%eni0es the i$ea of $iscrimination an$ eclusion into Hthe same as blacks an$ whitesI. Their claims are falseauthors on racism &er&etuate the mar%inali0ation of nonblack minorities by ren$erin% their stories in(isibleG they write as if only black &o&ulations are o&&resse$. erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ (ndrew acker7s fa#ous 8ook, Two &ations% Black and !hite, 'e1arate, ostile, Une@ual, 1rovides an e2cellent e2a#1le of reliance on the Black/+hite binary &ara$i%m .=5 ts title! &roclaimin% two nations! Black an$ +hite! bol$ly &rofesses the binary &ara$i%m . Althou%h Jacker reco%ni0es e&licitly that a full &ers&ecti(e on race in America re4uires inclusion of 2atinos/as an$ Asians!<< this reco%nition is! in the conte2t of the entire 8ook, insi%ni'cant an$ un$er$e(elo&e$. Jis al#ost e2clusive focus on Blacks an$ +hites is clearly intentional% "Two &ations will adhere to its title 8y ivin central attention to 8lack and white (#ericans."= acker7s ?usti0cation for this focus is that "[in #any res1ects, other rou1s 0nd the#selves sittin as s1ectators, while the two 1ro#i4 nent 1layers try to work out how or whether they can coe2ist with one another."" This usti'cation &er&etuates the mar%inali0ation of the al- rea$y mar%inali0e$. Jacker an$ so many other writers on race $ecline to un$erstan$ that! by focusin% only on Blacks an$ +hites! they both &ro$uce an$ re&licate the belief that there are only , two &rominent &layers! , Black an$ +hite! in $ebates about race. These writers thus ren$er other non-+hite %rou&s in(isible an$ im&licitly characteri0e them as &assi(e! (oluntary s&ectators. 'uch characteri:ation is contrary to the history of these rou1s.=R acker descri8es in detail only conditions e21erienced 8y !hite or Black (#ericans. e 0rst characteri:es the !hite nature of the nation and its culture% (#erica is inherently a "white" country% in character, in structure, in culture. &eedless to say, 8lack (#ericans create lives of their own. Iet, as a 1eo1le, they face 8oundaries and constrictions set 8y the white #a?ority. (#erica7s version of a1artheid, while lackin overt leal sanction, co#es closest to the syste# even now
8ein refor#ed in the land of its invention.=- )f course, 2atinos/as! Asian Americans! Nati(e Americans! y&sies! an$ all non-+hite Americans face ,boun$aries an$ constrictions set by the white maority!, 8ut the vision acker advances counts only Blacks as sini0cantly disadvantaed 8y !hite racis#. 'i#ilarly, acker descri8es Blackness as uni@uely functional for !hites% (s Ja#es Baldwin has 1ointed out, white 1eo1le need the 1res4 ence of 8lack 1eo1le as a re#inder of what 1rovidence has s1ared the# fro# 8eco#in.... /n the eyes of white (#ericans, 8ein 8lack enca1sulates your identity. &o other racial or national oriin is seen as havin so 1ervasive a 1ersonality or char4 acter.=; (ccordin to acker, then, Blackness serves a crucial function in ena4 8lin !hites to de0ne the#selves as 1rivileed and su1erior, and racial attri8utes of other #inorities do not serve this function. acker7s cha1ter titles larely tell the story of the 8inary 1aradi#. Nor are there any wor$s in these cha1ters $escribin% the e&eriences of Nati(e Americans or Asian Americans. The %reatest $an%er in JackerLs (ision is its su%%estion that non +hite %rou&s other than Blacks are not really subect to racism. Jacker seems to a$o&t the $eser(e$ly critici0e$ ethnicity theory! + which &osits that non-+hite immi%rant ethnics are essentially +hites-in-waitin% who will be &ermitte$ to assimilate an$ become +hite. 5 This is illustrated 8est in
3e2ico.... To #anae the# successfully, they #ust needs 8e held in continual restraint, and ke1t in their 1lace 8y force, if necessary,44else they will 8eco#e hauhty and in4 solent. (s servants, they are e2cellent, when 1ro1erly trained, 8ut are worse than useless if left to the#selves.- 3ore 8riey, the co##on 1erce1tion of 3e2ican (#ericans was that "They are an inferior race, that is all."; /ncredi8ly, and without any su11ortin evidence, acker writes that "[#ost ,*=and un1recedented 1ro1osals to deny 8irthriht citi:enshi1 to the United 'tates48orn children of undocu#ented 1ersons, de8unk any notion that the !hite #a?ority tolerates easily the 1resence of Latinoa or (sian 1eo1le.* Ulti#ately, Jacker seems $etermine$ to a$here to the binary &ara$i%m of race an$ to i%nore the com&leity intro$uce$ by other non- +hite %rou&s! because it is con(enient-which! it will be recalle$! is a &rinci&al $an%er of &ara$i%ms. /n the statistical section of the 8ook, acker e21lains so#e of the 1ro8le#s with statistics he re1roduces% 'o#e overn#ent 1u8lications 1lace 1ersons of is1anic oriin within the 8lack and white racial rou1ins. )thers 1ut the# in a se1arate cateory, to diNerentiate the# fro# 8lacks and whites. !herever the sources 1er#it, Two &ations has se1arated out is1anics, to kee1 the 8ook7s e#1hasis on race as coherent as 1ossi8le. !here this has not 8een 1ossi8le, readers should 8ear in #ind that the 0ures for whites #ay 8e inated 8y the inclu4 sion of considera8le nu#8ers of is1anics." (lthouh overn#ent 1u8lications have confused the a8ility to count Latinosas,*Rwhat is startlin here is acker7s vision that coherence in Discussion of race re@uires e#1hasis on only Black and !hite. /n other words, "real" race is only Black or !hite. )ther rou1s only render this fra#ework" incoherent." This is why the Black!hite 1aradi# of race #ust 8e e21anded% it causes writers like acker to inore other non4!hite (#ericans, which in turn encouraes others to inore us as well
AT A5 *ol(es the K 1. A5 cant sol(e the K A. The a:rmati(e only retrenches white $omination throu%h the eclusion of other forms of racism an$ o&&ression. B. 3ur Kritik is base$ on the 9awe$ metho$olo%y of the a5 – e(en if they sol(e black o&&ression! it obscures other forms of racism.
AT +e nee$ Black/+hite 1. Mes! we nee$ to focus black o&&ression! but an eclusi(e focus on this &ara$i%m is what we kritik. 3&enin% our eyes to other forms of racism is the only ho&e we ha(e to form a ust society an$ en$ white $omination. erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ There are at least three reasons , however, why an eclusi(e focus on Blacks an$ +hites is not usti'e$. 8irst! it is im&ortant to work to era$i- cate all racism! not ust the racism e&erience$ by Blacks. *econ$! it is wron% to assume that racism a%ainst 2atinos/as is sim&ly a less (irulent form of the same racism e&erience$ by Blacks . (s Blauner descri8ed, racism a%ainst 2atinos/as has a $i5erent %enesis . /t #ay also 8e diNer4 ent in kind in ways that are very i#1ortant. For e2a#1le, Blacks #ay or #ay not ever e21erience the lanuae and accent discri#ination faced 8y #any Latinosas. Finally, our national $emo%ra&hics are chan%in% si%ni'cantly. 3ne cannot sim&ly i%nore the concerns of an increasin%ly lar%e an$ subor$inate$ %rou& of 2atinos/as fore(er. A society is ust only if e(eryone can &artici&ate in it on e4ual terms. 'o#e readers #iht o8?ect that Latinosas are now, late in the a#e, atte#1tin to lay clai# to civil rihts already hard won 8y Blacks after lon strule. / think the a88reviated slice of 3e2ican4(#erican leal history 1resented in this article 8eins to refute this aru#ent. /n fact, 3e2ican (#ericans can lay clai# to a lon strule for civil rihts. /ronically ! it is lar%ely because of the Black/+hite &ara$i%m of race that more &eo&le $o not learn eican-American an$ other 2atino/a history in the )nite$ *tates. *o rea$ers an$ scholars must be%in to ask whether 2atinos/as are in(isible because they ha(e not &artici&ate$ in social stru%%le or because scholars ha(e been in$i5erent an$ ha(e ne%lecte$ to tell the stories of their &resence an$ &artici&ation in social stru%%le. / suest that the latter is the #ore accurate e21lanation. /t is not #y intent to fault Black and !hite writers for writin solely a8out Blackness and its relation to !hiteness. /ndeed, such writin has i#1roved everyone7s understandin of !hite racis# aainst Blacks. )n this su8?ect, we need #ore, not less understandin. (n i#1ortant ?usti04 cation for focusin on !hiteness is that !hite racis# is the source of the 1ro8le#s they e21lore.5"R 'uch writin and scholarshi1 is an act of strule in itself and it need not 8e #ade in con?unction with or on 8e4 half of any other rou1. 3y o8?ection to the state of most current scholarshi& on race is si#1ly that #ost of this scholarshi1 claims uni(ersality of treatment while actually $escribin% only &art of its subect! the relationshi& between Blacks an$ +hites . $ace in the United 'tates #eans #ore than ?ust Black and !hite. /t also refers to Latinoa, (sian, &ative (#erican, and other raciali:ed rou1s. (ccordinly, 8ooks titled "$ace in (#erica" or "!hite $acis#" that only discuss Blackness and !hiteness clai# a universality of sco1e that they do not deliver. These 8ooks oNer a 1aradi#atic renderin of their su8?ect that e2cludes i#4 1ortant 1ortions of civil rihts history. (uthors of such 8ooks need to 8e aware that they 1ro#ulate a 8inary 1aradi# of race that o1erates to silence
and render invisi8le Latinosas, (sian (#ericans and &ative (#ericans. (ccordinly, they re1roduce a serious har#.
AT ;clu$e 3ur roect 1. They misun$erstan$ our kritik! its not that we say black o&&ression is %oo$ its rather that the kritik challen%es the eclusi(e focus on e4uality $octrines of the white/black &ara$i%m obscures an$ &re(ents un$erstan$in% of other forms of o&&ression an$ furthers ine4uality an$ white $omination. 7. +e $ont eclu$e their (oices! they eclu$e ourswe acknowle$%e that black o&&ression is terrible but an eclusi(e focus on that to&ic &ushes us away from eaminin% how racism a5ects e(eryone.
AT Alt *ol(e 1. The K sol(es –the root cause of white $omination is the metho$olo%y in the a:rmati(es &lan an$ its obscurin% e&istemolo%y that &re(ents other forms of racism to be sol(e$ by only focusin% on the black/white binary. 7. ;rasin% the black/white binary sol(es for liberation from o&&ression 6el%a$o 7k 4 1rof A 'eattle Law, Pulit:er Pri:e no#inee $ichard, 3ay, CDerrick BellEs Toolkit4 Fit to Dis#antle That Fa#ous ouseGH &ew Iork University Law $eview, le2is, d.a. -4+=
inority %rou&s in the )nited *tates shoul$ consi$er aban$onin% all binaries, narrow nationalisms! an$ strate%ies that focus on cuttin% the most fa(orable &ossible $eal with whites! an$ instea$ set u& a secon$ary market in which they ne%otiate selecti(ely with each other . For e2a#1le, instea$ of a&&roachin% the establishment su&&licatin%ly , in ho1es of a #ore favora8le ad#ission for#ula at an elite school or university syste#, Asians mi%ht a&&roach African Americans with the o5er of a bar%ain . That 8arain #iht 8e an aree#ent on the 1art of the latter rou1 to su11ort (sians with res1ect to an issue i#1ortant to the# 4 for e2a#1le, easin i##iration restrictions or su11ortin 8ilinual education in 1u8lic schools 4 in return for their own 1ro#ise not to 1ursue @uite so intently roll8acks in aKr#ative action or set4asides for 8lack contractors. The i$ea woul$ be for minority %rou&s to assess their own &references an$ make tra$eo5s that will , o1ti#istically, brin% %ains for all concerne$ . 'o#e controversies #ay turn out to 8e 1olycentric, 1resentin win4win 1ossi8ilities so that neotiation can advance oals i#1ortant to 8oth sides without co#1ro#isin anythin either rou1 dee#s vital. Like a s#all co##unity that sets u1 an infor#al syste# of 8arter, echan%in% obs an$ ser(ices moneylessly! thus reducin sales and inco#e ta2es, this a11roach woul$ re$uce the number of times minorities a&&roach whites hat in han$. *ome %ains may be achie(able by means of collecti(e action alone. +hen it is necessary to a&&roach whites for somethin%! a nonbinary framework allows that a&&roach to be ma$e in full force. /t also de1rives vested interests of the o11ortunity to 1ro0t fro# attery, false co#1li#ents, and #ock sy#1athy ")h, your terri8le history. Iour rou1 is so s1ecial. !hy don7t we....". %norin% the siren son% of binaries o&ens u& new &ossibilities for coalitions base$ on le(el-hea$e$ assessment of the chances for mutual [M=>- %ain. t liberates one from $e&en$ence on a system that has a$(ance$ minority interests at best s&ora$ically an$ un&re$ictably . /t takes interest converence to a new di#ension. Blue8eard7s
as with the black/white binary! one nee$s to turn a thou%ht structure on its si$e, look at it fro# a diNerent anle, and ain so#e needed distance fro# it, before the &ath to liberation becomes clear.
AT +e are the startin% &oint 8alse1ACs startin% &oint rei'es mar%inali0ation of other races by silencin% their stories. Reco%nition is not enou%h &rior in4uiry is key. erea! 1""#—Professor of Law at the University of Florida [Juan F. Perea, "The Black!hite Binary Paradi# of $ace% The "&or#al 'cience" of (#erican $acial Thouht," )ct. *, +-, J'T)$ /n #y view, 8ea%in an$ Oera are wron% in assertin% that a $ee&er un$erstan$in% of the Black-+hite relationshi& will necessarily &romote un$erstan$in% of the &articularities of other racisms. / aree with Feain and era that an understandin of !hite4aainst4Black racis# #ay 8e hel1ful in understandin the de1loy#ent of racis# aainst other non4!hites, for e2a#1le in understandin the 1ersistent use and tolerance of sereation aainst non4!hite 1eo1les. Jowe(er! an eclusi(e focus on the Black-+hite relationshi&! an$ the concomitant mar%in-ali0ation of ,other &eo&le of color!, can o&erate to &re(ent un$erstan$in% of other racisms an$ to obscure their &articular o&eration. For e2a#1le, the attribution of forei%nness to 2atinos/as an$ Asian Americans! or $iscrimination on the basis of lan%ua%e or accent! are &owerful $ynamics as &laye$ out a%ainst these %rou&s that $o not a&&ear to be as si%ni'cant in the $ynamics of +hite-a%ainst-Black rac- ism .7+ Thus the +hite Racism books , s1annin three decades, all re&ro- $uce an$ reify the same Black/+hite binary &ara$i%m of race. /n 6uhn7s ter#inoloy, these 8ooks re1resent the "nor#al science" of scholarshi1 on !hite racis#, consistin of e21loration and ela8oration of the Black!hite 8inary 1aradi#. )nly the #ost recent !hite $acis# 8ook, 8y Feain and era, #akes e21licit the Black4 !hite 1aradi# and its key assu#1tion% that so#ehow a dee1er understandin of the Black4!hite relationshi1 will yield understandin of the racis# e21erienced 8y Latinosas, (sian (#ericans, &ative (#ericans, and other raciali:ed (#erican rou1s. After three $eca$es of books on +hite Racism focusin% only on racism a%ainst Blacks! one can fairly ask how much anyone un$erstan$s about racism a%ainst 2atinos/as an$ the &articular forms that such racism takesD The ob(ious answer is ,not (ery much ." For e2a#1le, one could study the (#erican Black!hite relationshi1 forever and never understand the lanuae and accent discri#ination faced 8y #any Latinosas and (sian (#ericans."* Today Latinosas can 8e 0red fro# their ?o8s #erely for s1eakin '1anish in the work1lace,"Rand (sian (#ericans can 8e 1assed over for hire 8ecause their accent is not @uite riht."7 Des1ite no#inal statutory 1rotection fro# such discri#ination under the "national oriin" 1rovisions of Title //, the courts re#ain al#ost unifor#ly indiNerent and 0nd no actiona8le discri#ination in such cases. The reason for this indiNerence is that such discri#ination does not 0t the Black!hite 8inary 1aradi# of race discri#ination. Re$ressin% the &articular forms of $iscrimination e&erience$ by 2atinos/as! Asian Americans! Nati(e Americans an$ other raciali0e$ %rou&s re4uires (ery careful in4uiry into the &articular histories of these %rou&s an$ the forms of $iscrimination they ha(e e&erience$. But reco%nition of the im&ortance an$ &articularity of %rou&s other than Blacks an$ +hites re4uires in4uiry well beyon$ the &ara$i%m , in@uiry 8eyond the current 8ounds of "nor#al science" and research. Fro# the 1oint of view
of Lat
