Racial categories do not require visible physical markers to function legally.

Evidence

Racial identity is complex given the variations within racialized groups. Muslims do not look phenotypically any particular way. Neither do Latinx people and neither do Black Americans. It behooves us to remember that Homer Plessy was not visibly Black but chosen specifically because he could pass for white. In order to violate the Jim Crow laws segregating train cars, he had to reveal himself to the train conductor as a Black man, thereby triggering his arrest. — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 526

Categorization

  • XREF: Plessy is the canonical legal precedent the reader will want to set against Muslim ‘look’ cases in the comparison with Aziz. — connects to: Race categories are historical and political, not pigment-based — Stuart Hall, Essential Essays, Volume 2: Identity…, 232; States can assert racial projects without ever naming race explicitly — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1718; Visible phenotype is not required for a group to become racialized — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 526 (+16 more)
  • SHARE: The detail that Plessy was chosen because he could pass for white is a precise, counterintuitive fact worth sending to a legal-history friend.

Broader Connections