http://www.washingtoninformer.com/ARLegallyBlack2005Dec8.htmlSpecial Report: What Makes A Person Legally “Black”?
By Robert N. Taylor
Thursday, December 8, 2005
The history of the notion can be traced to slavery and the period right after slavery called Reconstruction.
Originally, in a bid to stop slaves who had been fathered by white slave owners and overseers from claiming freedom, property rights or possible inheritance, several Southern sates passed laws that in effect defined a black person as anyone with any “discernible amount of colored or African blood.”------------------------------
Our high school history classes and Black History Month presentations have given us a distorted idea of who Plessy was and what he was about. We have generally been led to believe that Plessy was a black man arguing that blacks should be allowed the same accommodations as whites. This is not true.
Plessy was actually a light skinned black man arguing that “he” should be given the same accommodations as whites because he had “7/8 caucasian and only 1/8 African” blood. Thus, he argued that he should not be treated as “black” under an 1890 Louisiana law requiring blacks and whites be seated in separate railway cars.
It was the Supreme Court which largely ignored Plessy’s “I am not a negro” argument and told him if he did not think he was black he would have to go back to Louisiana and argue that issue on the state level. The Court then went forward and assumed Plessy to be black and rendered its decision saying a state was within its rights to mandate separate accommodations for blacks in order to keep the races apart.----------------------------------------------------------------------
The next major attempt to legally define “blackness” took place in the 1920’s when the eugenics movement spurred the passage of laws in at least 30 states
barring marriages between blacks and whites – so-called anti-miscegenation or anti-gene mixing laws. The fear-based book which set this movement in motion was entitled “The Rising Tide of Color Against White World Supremacy” by Lothrop Stoddard (1893-1950). Stoddard told whites that if intermarriage was allowed to continue “whites would disappear.”
But in order to bar blacks and whites from marrying, it was necessary to define who was black and who was white. In typical white supremacist style, the politicians passing these anti-miscegenation laws chose to define “blackness” and not “whiteness.”
The law passed in Virginia best illustrates the attempt at defining who was black. Virginia ’s Racial Integrity Act of 1924 defined a black person this way: “every person in whom there is ascertainable any negro blood shall be deemed and taken to be a colored person.” In plain English, they were simply saying. “If you look the least bit black, you are black.”