The self-identification requirement entered law via ‘ethnic’, not via race itself

Evidence

Notably, none of the cited dictionary meanings the Judge refers to required group members to have a ‘shared belief’ in their own collective identity as a key element of the popular meaning of race but this belief or selfidentification requirement becomes a key element of the meaning of ‘ethnic’ for the purpose of racial discrimination law. — Mareike Riedel, Islamophobia, Racial Discrimination
, 36

Categorization

  • DEFINE: Shows the doctrinal seam where ‘ethnic origins’ rather than ‘race’ carries the burden of self-identification in Anglophone discrimination law.
  • XREF: connects to: The legal self-identification requirement for ethnic groups constitutes self-racialization — Mareike Riedel, Islamophobia, Racial Discrimination
, 57; Ethnicity allows agency while American race is defined by ancestry; Race fixes status by ancestry while ethnicity permits negotiated identity — Sahar F. Aziz, The Racial Muslim: When Racism Quashes
, 391

Broader Connections