Beyond Racial Precedents: Loving v. Virginia as an Appropriate Legal Model and Strategy for Same-Sex Marriage Litigation

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process and equal protection is an appropriate model for same-sex marriage litigation both constitutionally and strategically. The existing scholarly literature fails to explore how this issue has been treated in case briefs, which are very important elements in any legal proceeding. I will argue that through an analysis of recent state court briefs in Massachusetts and Connecticut, Loving acts as logical precedent for the legalization of same-sex marriage. I also find, more significantly, that although this racial interpretation of due process and equal protection represented by Loving can be seen as an appropriate model for same-sex marriage litigation constitutionally, questions remain about its strategic effectiveness, as LGBT lawyers have moved away from race in some arguments in these briefs. Indeed, a racial interpretation of Due Process and Equal Protection doctrine imposes certain limits on same-sex marriage litigation, of which we are warned by some Critical Race theorists, Latino Critical Legal theorists, and other scholars. In order to fully incorporate a discussion of race into the argument for legalizing same-sex marriage, the dangers posed by the black/white binary of race relations must first be overcome.

From apartheid to unity: white capital and black power in the racial integration of South African football, 1976-1992

This article analyses the complex process that deracialised and democratised South African football between the early 1970s and 1990s. Based mainly on archival documents, it argues that growing isolation from world sport, exemplified by South Africa's expulsion from the Olympic movement in 1970 and FIFA in 1976, and the reinvigoration of the liberation struggle with the Soweto youth uprising triggered a process of gradual desegregation in the South African professional game. While Pretoria viewed such changes as a potential bulwark against rising black militancy, white football and big business had their own reasons for eventually supporting racial integration, as seen in the founding of the National Soccer League. As negotiations for a new democratic South Africa began in earnest between the African National Congress (ANC) and the National Party (NP) in the latter half of the 1980s, transformations in football and politics paralleled and informed each other. Previously antagonistic football associations began a series of 'unity talks' between 1985 and 1986 that eventually culminated in the formation of a single, non-racial South African Football Association in December 1991, just a few days before the Convention for a Democratic South Africa (CODESA) opened the process of writing a new post-apartheid constitution. Finally, three decades of isolation came to an end as FIFA welcomed South Africa back into world football in 1992 - a powerful example of the seemingly boundless potential of a liberated and united South Africa ahead of the first democratic elections in 1994.

The unhappy marriage of religion and politics:problems and pitfalls for gender equality

This article explores how religion as a political force shapes and deflects the struggle for gender equality in contexts marked by different histories of nation building and challenges of ethnic diversity, different state–society relations (from the more authoritarian to the more democratic), and different relations between state power and religion (especially in the domain of marriage, family and personal laws). It shows how ‘private’ issues, related to the family, sexuality and reproduction, have become sites of intense public contestation between conservative religious actors wishing to regulate them based on some transcendent moral principle, and feminist and other human rights advocates basing their claims on pluralist and time- and context-specific solutions. Not only are claims of ‘divine truth’ justifying discriminatory practices against women hard to challenge, but the struggle for gender equality is further complicated by the manner in which it is closely tied up with, and inseparable from, struggles for social and economic justice, ethnic/racial recognition, and national self-determination vis-à-vis imperial/global domination.

The cultural politics of Jamaican dancehall music in South Florida

For Jamaicans throughout the Diaspora, dancehall music has emerged as their most potent cultural symbol demarcating their place of origin and continued sense of national belonging. Due to its unapologetic nature and tendency to tackle divisive issues such as those involving race, class, and sex, dancehall has been unfairly branded as wholly misogynistic and violent. This dissertation attempts to counter some of these assertions by exploring the cultural politics of dancehall music in South Florida's Jamaican community. Information for this study was obtained using participant observation, formal, and informal interviews. Participant observation was conducted over a 2 year period at several dancehall clubs and events throughout South Florida. A total of 24 formal and 30 informal interviews were conducted with listeners of the music and business owners who are directly and indirectly involved with the promotion, production, and distribution of dancehall in South Florida. ^ Results show that dancehall enacts cultural politics in three primary ways in South Florida. First, the music serves as one of several types of materials used in the construction of a "Jamaican identity." This is achieved through the lyrical content of the music where social, economic and political issues affecting the island are often discussed and debated. Second, dancehall operates as a form of cultural politics through its nurturing of nationalistic sensibilities. Evidence of this is apparent in the controversy involving dancehall's homophobic stance. Third, dancehall affords Jamaicans in South Florida the ability to transplant and perpetuate the uptown versus downtown divide. ^ Far from being wholly misogynistic and violent, therefore, dancehall is an important tool that can be used to address a wide variety of issues within the local Jamaican context and throughout the Jamaican diaspora. ^

Gender, identity, and the security state: The politics of international drug trafficking

This dissertation examined how United States illicit drug control policy, often commonly referred to as the "war on drugs," contributes to the reproduction of gendered and racialized social relations. Specifically, it analyzed the identity producing practices of United States illicit drug control policy as it relates to the construction of U.S. identities. ^ Drawing on the theoretical contributions of feminist postpositivists, three cases of illicit drug policy practice were discussed. In the first case, discourse analysis was employed to examine recent debates (1986-2005) in U.S. Congressional Hearings about the proper understanding of the illicit drug "threat." The analysis showed how competing policy positions are tied to differing understandings of proper masculinity and the role of policymakers as protectors of the national interest. Utilizing critical visual methodologies, the second case examined a public service media campaign circulated by the Office of National Drug Control Policy that tied the "war on drugs" with another security concern in the U.S., the "war on terror." This case demonstrated how the media campaign uses messages about race, masculinity, and femininity to produce privileged notions of state identity and proper citizenship. The third case examined the gendered politics of drug interdiction at the U.S. border. Using qualitative research methodologies including semi-structured interviews and participant observation, it examined how gender is produced through drug interdiction at border sites like Miami International Airport. By paying attention to the discourse that circulates about women drug couriers, it showed how gender is normalized in a national security setting. ^ What this dissertation found is that illicit drug control policy takes the form it does because of the politics of gender and racial identity and that, as a result, illicit drug policy is implicated in the reproduction of gender and racial inequities. It concluded that a more socially conscious and successful illicit drug policy requires an awareness of the gendered and racialized assumptions that inform and shape policy practices.^

Race Relations & Politics in Venezuela during Punto Fijo (1958 – 1998)

In 1998, Hugo Chávez Frías’ presidential candidacy brought race to national discussion in Venezuela for first time since 1945. For long, the country’s politics had abided by the myth of racial harmony and racial democracy. This approach pointed to institutional separation in the United States and Africa as examples of true racism. Latin America was largely void of such atrocities. Nonetheless, Chávez claimed the present political parties (Acción Democrática, Copei and Unión Republicana Democrática) disenfranchised the common, colored Venezuelan. He continued to assert the opposition’s racism during his presidency. And his political fanbase agrees. A variety of scholars have studied the break from Punto Fijo politics to the Bolivarian Revolution. Yet, few have linked the obvious class struggle to race. Here, I seek to explain how racial identity has shaped class identity in Venezuela by closely examining the Punto Fijo era (1958-1998). The essay begins with an overview of historical race relations, moving to the period in focus. Then, I examine systematic and institutional exclusion under Punto Fijo politics. The object is to understand the merit of Chávez’s racial claims since 1998. Hence, the study also sees democracy in action and the consequences of racial exclusion. The study will be accomplished through secondary research, considering the limitations brought by working abroad. In the end, this study serves as first step in analyzing the fall of what was once considered Latin America’s most durable democracy.

Race Relations & Politics in Venezuela during Punto Fijo (1958 – 1998)

In 1998, Hugo Chávez Frías’ presidential candidacy brought race to national discussion in Venezuela for first time since 1945. For long, the country’s politics had abided by the myth of racial harmony and racial democracy. This approach pointed to institutional separation in the United States and Africa as examples of true racism. Latin America was largely void of such atrocities. Nonetheless, Chávez claimed the present political parties (Acción Democrática, Copei and Unión Republicana Democrática) disenfranchised the common, colored Venezuelan. He continued to assert the opposition’s racism during his presidency. And his political fanbase agrees. A variety of scholars have studied the break from Punto Fijo politics to the Bolivarian Revolution. Yet, few have linked the obvious class struggle to race. Here, I seek to explain how racial identity has shaped class identity in Venezuela by closely examining the Punto Fijo era (1958-1998). The essay begins with an overview of historical race relations, moving to the period in focus. Then, I examine systematic and institutional exclusion under Punto Fijo politics. The object is to understand the merit of Chávez’s racial claims since 1998. Hence, the study also sees democracy in action and the consequences of racial exclusion. The study will be accomplished through secondary research, considering the limitations brought by working abroad. In the end, this study serves as first step in analyzing the fall of what was once considered Latin America’s most durable democracy.

Exporting the racial republic: African colonization, national citizenship, and the transformation of U.S. expansion, 1776-1864

The effort to create a colony of African Americans on the west coast of Africa was one of the most celebrated and influential movements in the United States during the first half of the 19th century. While historians have often viewed African colonization through the lens of domestic anti-slavery politics, colonization grew from an imperial impulse which promised to transform the identities of black colonists and indigenous Africans by helping them to build a democratic nation from the foundation of a settler colony. By proposing that persons of African descent could eventually become self-governing subjects, the liberal framework behind colonization offered the possibility of black citizenship rights, but only within racially homogenous nation-states, which some proponents of colonization imagined might lead to a “United States of Africa.” This dissertation examines how the notion of expanding democratic ideals through the export of racial nationhood was crucial to the appeal of colonization. It reveals how colonization surfaced in several crucial debates about race, citizenship, and empire in the antebellum United States by examining discussions about African Americans’ revolutionary claims to political rights, the bounds of US territorial expansion, the removal of native populations in North America, and the racialization of national citizenship, both at home and abroad. By examining African colonization from these perspectives, this dissertation argues that the United States’ efforts to construct a liberal democracy defined by white racial identity were directly connected to the nation’s emerging identity as a defender and exporter of political liberty throughout the world.

Gesturing elsewhere: the identity politics of the Balinese death/thrash metal scene

This essay explores the political significance of Balinese death/thrash fandom. In the early 1990s, the emergence of a death/thrash scene in Bali paralleled growing criticism of accelerated tourism development on the island. Specifically, locals protested the increasing ubiquity of Jakarta, 'the centre', cast as threatening to an authentically 'low', peripheral Balinese culture. Similarly, death/thrash enthusiasts also gravitated toward certain fringes, although they rejected dominant notions of Balinese-ness by gesturing elsewhere, toward a global scene. The essay explores the ways in which death/thrash enthusiasts engaged with local discourses by coveting their marginality, and aims to demonstrate how their articulations of 'alien-ness' contributed in important ways to a broader regionalism.