Cited by 574Discrimination and Equality LawLaw, Rights, and FreedomsRace, History, and American Society

A Critique of "Our Constitution Is Color-Blind"

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Gotanda, Neil·1991·Stanford Law Review

Abstract

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.

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Crossref · 10.2307/1228940

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  • 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).”
  • 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).”
  • 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.”
  • 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).”
  • 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).”

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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
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

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