A Critique of "Our Constitution Is Color-Blind"
Open accessAbstract
This article critically examines the United States Supreme Court’s legal doctrine of Professor Gotanda argues that the United States Supreme Court’s adherence to color-blind constitutionalism disregards the subtleties and nuances of race, ignores institutional racism and contributes to racial subjugation. Five themes related to color-blind constitutionalism are identified and discussed: (i) the distinction between private and public conduct, (ii) the nonrecognition of race (whereby a person’s race is identified but discounted or not considered), (iii) racial categories (race as a social construct), (iv) the Supreme Court's focus on formal-race and its unconnectedness to social reality and (v) racial social change (discussing assimilation versus diversity). This article concludes with a discussion on alternatives to color-blind constitutionalism.
Integrity signals
Registry
Cites
Statistics
Claims the paper makes
Claims other papers make about this one
Each is checked against this paper’s own text: does it say what the citing paper says it does?
CRT goes beyond disciplinary boundaries to analyze race and racism within both historical and contemporary contexts, drawing on scholarship from ethnic studies, women's studies, sociology, history, law, psychology, film, theatre and other fields.
“CRT goes beyond disciplinary boundaries to analyze race and racism within both historical and contemporary contexts, drawing on scholarship from ethnic studies, women's studies, sociology, history, law, psychology, film, theatre and other fields (Delgado, 1984, 1992; Olivas, 1990; Gotanda, 1991; Harris, 1994; Garcia, 1995; Gutiérrez-Jones, 2001).”
From Whose culture has capital? A critical race theory discussion of community cultural wealth (2005) · cites this paper as Gotanda, 1991
Color-blind racial ideology has historically been conceptualized in the U.S. as 'race is irrelevant' and therefore it should be disregarded.
“Color-blind racial ideology has historically been conceptualized in the U.S. as 'race is irrelevant' and therefore, it should be disregarded (Gotanda 1991, 268).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991, 268
By subscribing to the racial ideology of color-blindness, we are perpetuating a parallel trend that Gotanda originally critiqued-the idea that race is an immutable fact.
“In this sense, by subscribing to the racial ideology of color-blindness, we are perpetuating a parallel trend that Gotanda (1991) originally critiqued -the idea that race is an immutable fact.”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
The implication of passivity and the use of blindness within the racial ideology of color-blindness locates the problem and the power within an individual; one can simply ignore race, and racism will go away.
“The implication of passivity and the use of blindness within the racial ideology of color-blindness locates the problem and the power within an individual; one can simply ignore race, and racism will go away (Gotanda 1991).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Nonrecognition fosters the systematic denial of racial subordination and the psychological repression of an individual's recognition of that subordination, thereby allowing such subordination to continue.
“'Nonrecognition fosters the systematic denial of racial subordination and the psychological repression of an individual's recognition of that subordination, thereby allowing such subordination to continue' (Gotanda 1991, 16).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Gotanda noted color-blind racial ideology preserved white supremacy by sustaining the social, economic, and political advantages that whites hold over other Americans.
“Gotanda noted this color-blind racial ideology preserved white supremacy by sustaining, 'the social, economic, and political advantages that whites hold over other Americans ' (3).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Gotanda (1991) conceptualized and critiqued color-blind racial ideology as a tool to maintain white supremacy.
“In 1991, Critical Race Theory (CRT) and U.S. legal scholar Neil Gotanda wrote a seminal law review conceptualizing and critiquing color-blind racial ideology as a tool to maintain white supremacy.”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Gotanda's naming and critiquing of a color-blind racial ideology was necessary and useful in disrupting white supremacy.
“Therefore, Gotanda's (1991) naming and critiquing of a color-blind racial ideology was necessary and useful in disrupting white supremacy.”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
By identifying the ideology of race as irrelevant-as color-blindness-scholars critiquing race and racism are perpetuating what Gotanda was arguing against, non-recognition.
“By identifying the ideology of race as irrelevant -as color-blindness -scholars critiquing race and racism are perpetuating what Gotanda (1991) was arguing against, non-recognition.”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
The racial ideology of color-blindness is a-historical.
“As many of the legal expansions of Gotanda (1991) have noted, the racial ideology of color-blindness is a-historical as is Justice Thomas' idea that laws discriminating on the basis of race are equal to laws seeking to address racial inequities through race-conscious policies (Cook 1991;Haney-Lopez 2007).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Locating the problem in the individual through the racial ideology of color-blindness ignores the fact that racial inequities that currently thrive in institutions did not appear overnight.
“Locating the problem in the individual through the racial ideology of color-blindness ignores the fact that racial inequities that currently thrive in institutions did not appear overnight (Gotanda 1991).”
From Conceptualizing color-evasiveness: using dis/ability critical race theory to expand a color-blind racial ideology in education and society (2017) · cites this paper as Gotanda 1991
Cited by
Sorted by citations
Whose culture has capital? A critical race theory discussion of community cultural wealth
Yosso *, T. J. (2005) · Race Ethnicity and Education · doi:10.1080/1361332052000341006 · Cited by 7,546 · see citing works
Critical Race Theory, Racial Microaggressions, and Campus Racial Climate for Latina/o Undergraduates
Yosso, T., Smith, W., Ceja, M., & Solórzano, D. (2009) · Harvard Educational Review · doi:10.17763/haer.79.4.m6867014157m707l · Cited by 1,221 · see citing works
Annamma, S. A., Jackson, D. D., & Morrison, D. (2017) · Race Ethnicity and Education · doi:10.1080/13613324.2016.1248837 · Cited by 738 · see citing works
Where fairness fails: data, algorithms, and the limits of antidiscrimination discourse
Hoffmann, A. L. (2019) · Information, Communication & Society · doi:10.1080/1369118x.2019.1573912 · Cited by 535 · see citing works
Watts, I. E., & Erevelles, N. (2004) · American Educational Research Journal · doi:10.3102/00028312041002271 · Cited by 186 · see citing works
Increasing the Depth of Field: Critical Race Theory and Photovoice as Counter Storytelling Praxis
Goessling, K. P. (2018) · The Urban review · doi:10.1007/s11256-018-0460-2 · Cited by 53 · see citing works
North Carolina [Un]incorporated: Place, Race, and Local Environmental Inequity
Purifoy, D. M. (2021) · American Behavioral Scientist · doi:10.1177/0002764219859645 · Cited by 44 · see citing works
Fractured landscapes: The racialization of home buyout programs and climate adaptation
Zavar, E., & Fischer, L. A. (2021) · Current Research in Environmental Sustainability · doi:10.1016/j.crsust.2021.100043 · Cited by 25 · see citing works
- Authors
- Gotanda, N.
- Corresponding author
- Gotanda, Neil
- Venue
- Stanford Law Review
- Publisher
- JSTOR
- Published
- 1991-11
- Volume
- 44
- Issue
- 1
- Pages
- 1
- ISSN
- 0038-9765 (ISSN-L)
- OpenAlex
- W289689051
- Cited by
- 574
- References
- 0
- Citations by year
- 2026: 16 · 2025: 28 · 2024: 30 · 2023: 48 · 2022: 31 · 2021: 48 · 2020: 35 · 2019: 41 · 2018: 28 · 2017: 27 · 2016: 13 · 2015: 21 · 2014: 31 · 2013: 19 · 2012: 14
- FWCI
- 15.78
- Type
- journal article
- Language
- en
- Open access
- green
- papers.ssrn.com
- Locations
- Stanford Law Review (publishedVersion)
- SSRN Electronic Journal (submittedVersion)
- Topics
- Social Sciences › Law › Discrimination and Equality Law
- Social Sciences › Sociology and Political Science › Law, Rights, and Freedoms
- Social Sciences › Sociology and Political Science › Race, History, and American Society
- Keywords
- institutional racism, racial subjugation, social construction of race, racial classification, United States Supreme Court
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
Are you an author, or do you see a problem with this page? Request a review