Hybrid

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Ruth Colker. Hybrid

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HYBRID

Contents

Acknowledgments

Preface

ONEIntroduction: Living the Gap

I. Living the Gap between Categories

II. Dilemmas of Categorization

III. A Roadmap

TWOA Bi Jurisprudence

I. Harms that Flow from CategorizationA. Invisibility to Ourselves and Others

B. Bipolar Classification Reinforces Pejorative Values

II. Categories Can Serve Constructive Purposes. A. Categories Can Broaden People’s Understanding of Identity

B. Categories Can Serve Ameliorative Purposes

III. The Critical Aspects of a Bi Perspective

THREESexual Orientation

I. Homosexual Policies That Cause Harm. A. Cincinnati: “Homosexuals Are Not Identifiable”

B. The State of New Hampshire: Conduct-Based Definition of Homosexuality

C. Federal Government: Keeping Homosexuals out of the Military and in the Closet

First Definition: A Sweeping Rule

Second Definition: “It Only Happened Once, and I Regret It”

Third Definition: A Broader Disavowal Exception

Fourth Definition: Don’t Ask, Don’t Tell, and Disavow

D. State Sodomy Law: An Attempt to Target Bisexuals

II. Positive Categorization

A. Marriage versus Domestic Partnership

Problematic Definitions of Domestic Partnership

Bipolar Model of Family Relationships

B. Affirmative Action

FOURGender

I. The Gender Hybrid Categories

II. Gay Men, Lesbians, and Bisexuals. A. Family Law

Inappropriate Role Models: Who’s the Mommy and Who’s the Daddy?

Presumption of Bad Mothering

B. The Military

C. Sodomy Laws

III. Transsexuals

A. Employment

B. Bathrooms

IV. Ameliorative Treatment

FIVERace

I. Mulattoes, Quadroons, and Octoroons

II. Ameliorative Treatment

A. Affirmative Action. Classification

B. Purposes of Affirmative Action

Diversity of Ideas

Role Models

Overcoming Disadvantage

Overcoming Stereotypes

So Where Does This Leave Us?

C. Transracial Adoptions

SIXDisability

I. Body Size

A. Underweight

B. Overweight

C. Obese

II. Other Disability Hybrids

A. Alcoholism

B. The IDEA Bipolar Model

III. Beyond Legal Hybrids

SEVENBipolar Injustice: The Moral Code

I. Winner No. I: Presumptively Heterosexual Women

II. Loser No. I: Presumptively Gay Men

III. Loser No. 2: Nonsexualized Women

IV. Loser No. 3: African-Americans

V. Winner No. 2: Whites

VI. Beyond the Moral Code

EIGHTInvisible Hybrids under the U.S. Census

Notes. Notes to Preface

Notes to Chapter One

Notes to Chapter Two

Notes to Chapter Three

Notes to Chapter Four

Notes to Chapter Five

Notes to Chapter Six

Notes to Chapter Seven

Notes to Chapter Eight

Index •••••••••••••

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Similarly, multiracial status in the United States is largely rendered invisible through our use of racial bipolar categories. As we will see in chapters 5 and 8, our legal system pervasively has insisted that people classify themselves as white or black with no room to check off a multiracial box. Accordingly, multiracial groups in the United States have begun to organize politically to proclaim their right to be counted as multiracial. In contrast to sexual orientation, however, no clear consensus exists that multiracial categories are appropriate or desirable. Because nearly all African-Americans are, in fact, of multiracial heritage, some people argue that recognizing the multiracial category will dilute the number of people recognized as African-American. This disagreement reflects the inherently political nature of such categories; the categories do not have any intrinsic meaning. If we recognize that categories are artificial because human behavior and experience exist on a spectrum, then we can be mindful of the implications of categories as we create them. The fact that we use certain categories for census reporting does not mean that we have to use them in the context of affirmative action.

Ongoing controversies over racial identity re-emphasize the point made earlier that racial identity is not entirely a biological or anthropological construct. Although we tend to think of race as a given, some people clearly make choices concerning their racial identity. The very existence of a multiracial identity movement, therefore, represents a positive political development because it emphasizes the socially constructed aspects of racial identity. It draws people’s attention to the fact that we make decisions about how to label people racially. There is no “natural” racial categorization system.

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