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HYBRID
CRITICAL AMERICA
Richard Delgado and Jean Stefancic GENERAL EDITORS
White by Law: The Legal Constructions of Race Ian Haney López
Cultivating Intelligence: Power, Law, and the Politics of Teaching A Conversation between Louise Harmon and Deborah W. Post
Privilege Revealed: How Law, Language, and the American Mind-set Uphold the Status Quo Stephanie M. Wildman with Margalynne Armstrong, Adrienne D. Davis, and Trina Grillo
Does the Law Morally Bind the Poor? or What Good’s the Constitution When You Cant Afford a Loaf of Bread R. George Wright
Hybrid: Bisexuals, Multiracials, and Other Misfits under American Law Ruth Colker
HYBRID
Bisexuals, Multiracials, and Other Misfits under American Law
RUTH COLKER
NEW YORK UNIVERSITY PRESS New York and London
Copyright © 1996 by New York University
All rights reserved
Library of Congress Cataloging-in-Publication Data
Colker, Ruth.
Hybrid : bisexuals, multiracials, and other misfits under American law / Ruth Colker.
p. cm.—(Critical America)
Includes index.
Contents: Introduction : living the gap—A bi jurisprudence— Sexual orientation—Gender—Race—Disability—Bipolar injustice : the moral code—Invisible hybrids under the U.S. census.
ISBN 0–8147-1520–6 (cloth : alk. paper).—ISBN 0–8147-1538–9 (pbk : alk paper)
1. Discrimination—Law and legislation—United States.
2. Minorities—Legal status, laws, etc.—United States. 3. United
States—Race relations. 4. Sexual orientation—United States.
5. Law—Social aspects—United States. I. Title. II. Series.
KF4749.C64 1996
346.7301’3—dc20 95–50157
[347.30613] CIP
New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
to C. C.-E.
may she have extraordinary experiences
living across boundaries
Contents
1 • Introduction: Living the Gap
7 • Bipolar Injustice: The Moral Code
8 • Invisible Hybrids under the U.S. Census
Acknowledgments
Many people have assisted with the writing of this book through their inspiration, thoughtful conversations, devoted research, or careful reading of various drafts. The first inspiration came from Professor Ruthann Robson, who encouraged me to develop a “bisexual jurisprudence”—a jurisprudence that eventually broadened to encompass far more than bisexuality. Richard Delgado and Jean Stefancic, editors of the Critical America series, also served as valuable inspiration by offering to publish this work at a very early stage of production. Later inspiration came from the courageous writings of Dean Gregory Howard Williams and Professor Judy Scales-Trent, who have described vividly how it feels to live across the color line. Professor Linda Alcoff not only shared her experiences of living between ethnic categories with others but was gracious enough to offer me encouragement
