Maryland Law Review
This Article analyzes the widespread legal ramifications of the Multiracial Category Movement (MCM) and assesses whether the MCM's proposal effectively advances its stated goal of promoting racial equality. After analyzing the legal import of multiracial discourse, the Article determines that the MCM misperception of race and its fluidity inadvertently furthers the progression of color-blind jurisprudence in direct contravention of the MCM goal of promoting racial equality. Part I provides background and identifies the motivating forces behind the MCM as a color-blind movement. Part II critiques the MCM for its adverse effects upon racial justice efforts in furthering the manner in which color-blind jurisprudence disregards actual experiences of racial discrimination in the promotion of White supremacy. Part III proposes a race-conscious classification system, which reflects the sociopolitical nature of race, to monitor racial discrimination more effectively and to dislodge the force of multiracial discourse.
Tanya Kateri Hernandez,
Multiracial Discourse: Racial Classifications in an Era of Color-blind Jurisprudence , 57 Md. L. Rev. 97
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/23