More Than Love: Eugenics and the Future of Loving v. Virginia

This Symposium is dedicated to celebrating how Loving v. Virginia paved the way for greater acceptance of multiracial families and interracial intimacy. Loving is largely understood as a case that rejected the bigotry and hatred experienced by interracial couples and affirmed the idea that law supports love across racial lines. With this narrative comes the popular understanding that Loving stands for the notion that love conquers all. This idea has shaped other legal strategies and social movements, such as the effort to have same-sex marriage legally recognized. Thus, Loving is thought of as drawing attention to the importance of romantic notions of love in creating a more inclusive society. But, in this brief Essay, allow me to explore one simple provocation: Loving was not simply about love

Race in the Life Sciences: An Empirical Assessment, 1950 - 2000

The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most notorious applications of biological race-eugenics and the Holocaust-moved scientists away from thinking that race reflects inherent differences and toward an understanding that race is a largely social, cultural, and political phenomenon. This understanding of the evolution of race as a scientific idea informed the way that many areas of law conceptualize human equality, including civil rights, human rights, and constitutional law. This Article provides one of the first large-scale empirical assessments of publications in peer-reviewed biomedical and life science journals to examine whether biological theories of race actually lost credibility in the life sciences after World War II. We find that biological theories of race transformed yet persisted in the dominant academic discourse up through modern times-a finding that contradicts the central narrative that the life sciences became color-blind or post-racial several decades ago. The continued salience of biological race in the life sciences suggests that more attention needs to be paid to the questionable assumptions driving this research on biological race and its potential spillover effects, i.e., how persisting claims of biological race in the scientific literature might reconstitute its significance in law and society in a manner that may be harmful to racial minorities