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Excavating Race-Based Disadvantage Among Class-Privileged People of Color

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Excavating Race-Based Disadvantage Among Class-Privileged People of Color \\jciprod01\productn\H\HLC\53-1\HLC106.txt unknown Seq: 1 8-MAR-18 11:16 Excavating Race-Based Disadvantage Among Class-Privileged People of Color Khiara M. Bridges* ABSTRACT The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist—the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism—the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minori- ties who are not poor, breeds the belief that class is now the main issue; it breeds the belief that class is the thing that really matters. If, as post-racialism suggests, class is the real problem, then we can, and ought to, dismantle any racial stratification that we witness through race-neutral, class-based means. But, if race remains a real problem—that is, if people and groups continue to be disadvantaged on account of their race—then the class-based mechanisms will not actually eliminate racial inequality. Thus, it is important for us to see the race-based disadvantage that class-privileged people of color endure in order to defeat post-racial thinking. The article demonstrates that the illegibility of the racial subordination of wealthier people of color is owed, in part, to our existing theories of racial discrimination. It shows that our theories of racial discrimination have led us to conceptualize economic disadvantage as constituting the entire universe of ra- cial disadvantage. If economic disadvantage does, in fact, constitute the universe of racial disadvantage, then those who are not economically disadvantaged (i.e., wealthier people of color) have not been racially disadvantaged at all. However, the reality is that economic subordination is just one element of racial subordi- nation. Racial discrimination has disadvantaged people of color not only eco- nomically, but also socioculturally and politically. Thus, if we are to bring visibility to the racial subordination that wealthier people of color experience— a visibility that may keep post-racial thinking at bay—then we have to theorize the noneconomic injuries that racial discrimination inflicts. This article begins this endeavor in Part I by documenting, again, class- privileged racial minorities’ disadvantage. Part II then identifies how theory has come to obscure this disadvantage. It shows that scholars have largely concep- tualized two modalities of racial discrimination: individualist and institutional. It then shows how scholars have conceptualized institutional racial discrimina- tion as predominately affecting poor people of color; we think of it as the modal- * Professor of Law and Professor of Anthropology, Boston University. Thanks to Michael Onah, Mike Tackeff, Devante Walton, and Mei Wang for fantastic research assistance. Thanks also to Rick Banks, Bennett Capers, David Lyons, and Daria Roithmayr for offering incisive feedback on earlier drafts of this paper. Thanks as well to the participants at faculty workshops at the University of Connecticut School of Law and Brooklyn Law School, as well as the participants of the Racial Justice Workshop at the University of Virginia School of Law and the Public Law Workshop at Harvard Law School, where drafts of this article were presented. A special debt of gratitude is owed to the students in the Critical Race Theory seminars that I taught at Harvard Law School and Boston University School of Law in Fall 2016. Many of this article’s insights were sparked and developed during those class discussions. \\jciprod01\productn\H\HLC\53-1\HLC106.txt unknown Seq: 2 8-MAR-18 11:16 66 Harvard Civil Rights-Civil Liberties Law Review [Vol. 53 ity of discrimination that bears the most responsibility for the poor’s spectacular deprivation. Meanwhile, scholars have come to conceptualize the racial discrim- ination that wealthier people of color encounter, when they encounter it, as usu- ally of the individualist variety. This article calls this the discrimination-class schema. When scholars go on to deny the significance of individualist racial dis- crimination in the post-civil rights era, the modality of racial discrimination that wealthier people of color are imagined to encounter most often is dismissed as insignificant in the contemporary present. This obscures the disadvantages that this group experiences on account of its race. Part III goes on to identify other contributors to the illegibility of class-privileged racial minorities’ racial disad- vantage, naming as culprits the conceptual collapse of race and class, the use of descriptive statistics, and explicit attestations that discrimination produces eco- nomic disadvantages. Part IV then attempts to complicate the existing theories of discrimination to remedy the problems that this article identifies. It proposes avenues that race scholars might take in order to destabilize the discrimination- class schema, identifying as paramount the necessity of theorizing noneconomic categories of disadvantage. TABLE OF CONTENTS INTRODUCTION .................................................. 67 R I. THE BLACK MIDDLE CLASS: PRIVILEGED DISADVANTAGE, OR DISADVANTAGED PRIVILEGE .............................. 74 R II. THE RACIAL DISCRIMINATION BINARY ..................... 85 R A. Individualist Racial Discrimination ................... 86 R B. Institutional Racial Discrimination .................... 89 R C. The Discrimination-Class Schema: Different Strokes (of Discrimination) for Different Folks ................... 93 R 1. Wealthier Racial Minorities as Victims of Individualist Racial Discrimination ............... 94 R 2. Poor Racial Minorities as Victims of Institutional Racial Discrimination ............................ 99 R 3. Attestations of the Relative Insignificance of Individualist Racial Discrimination ............... 104 R III. OTHER CONTRIBUTORS TO THE INVISIBILITY OF WEALTHIER RACIAL MINORITIES’ SUBORDINATION ...................... 106 R A. The Conceptual Collapse of Race and Class ........... 106 R B. The Problem with Descriptive Statistics ............... 109 R C. Explicit Attestations that Racial Discrimination Has Produced Economic Advantages and Disadvantages ... 110 R IV. DESTABILIZING THE DISCRIMINATION-CLASS SCHEMA ....... 119 R A. Recognizing the Institutional Discrimination that Class- Privileged Racial Minorities Endure .................. 120 R B. Acknowledging the Coexistence of Institutional and Individualist Discrimination in the Present and the Past ................................................ 121 R C. Identifying the Distinction Between Individualist and Institutional Discrimination as a False Dichotomy ..... 122 R \\jciprod01\productn\H\HLC\53-1\HLC106.txt unknown Seq: 3 8-MAR-18 11:16 2018] Excavating Race-Based Disadvantage 67 D. Theorizing Racial Discrimination that is Neither Individualist nor Institutional ......................... 127 R CONCLUSION .................................................... 129 R Excavating Race-Based Disadvantage Among Class-Privileged People of Color Silence is like starvation. Don’t be fooled. It’s nothing short of that, and felt most sharply when one has a full belly most of her life. When we are not physically starving, we have the luxury to realize psychic and emotional starvation.1 INTRODUCTION In February 2016, students at Harvard Law School (“HLS”) began to occupy a student lounge in the Caspersen Student Center—renaming the space “Belinda Hall” to honor an enslaved woman whose uncompensated labor made her owners, the Royall family, so wealthy that they were able to bequeath the funds that would establish HLS.2 The students, a collective that called itself Reclaim Harvard Law, demanded that the school remove from its official shield the crest of the Royall family, establish a Critical Race Theory program and meet deadlines for hiring faculty members who could teach courses in the program, reform the mandatory 1L curriculum so as to expose HLS students in their first year to critical analyses of the relationship between racial hierarchies and law, and take steps to ensure that low-income students can attend HLS.3 They decided to occupy the space after the law school administration failed to respond to their demands in a way that they deemed satisfactory.4 The Reclaim movement incited many responses from observers—some supportive, some unsympathetic. Responses in the latter camp frequently gave voice to the sense that the student agitators lacked standing to lodge any complaints against HLS. These skeptics denied that the student agitators could justifiably complain about race because they denied that the student agitators could be conceptualized as disadvantaged in any way. After all, they were students at Harvard Law School.5 Reclaim’s critics often articu- 1 Cherr´ıe Moraga, La G¨uera, in THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR 22, 23–24 (4th ed. 2015). 2 Claire E. Parker, Law School Activists Occupy Student Center, HARV. CRIMSON (Feb. 17, 2016, 9:43 PM), http://www.thecrimson.com/article/2016/2/17/activists-occupy-wasserstein/ [https://perma.cc/V5B8-YPG3]. 3 RECLAIM HARVARD LAW SCH., RECLAIM HARVARD LAW DEMANDS (Dec. 4, 2015), https://reclaimharvardlaw.wordpress.com/demands/ [https://perma.cc/BL8W-9FWC]. 4 See Parker, supra note 2. R 5
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