Racial Formations

Abstract

In 1982-83, Susie Guillory Phipps unsuccessfully sued the Louisiana Bureau of Vital Records to change her racial classification from black to white. The descendant of an eighteenth-century white planter and a black slave, Phipps was designated "black" in her birth certificate in accordance with a 1970 state law which declared anyone with at least one-thirty-second "Negro blood" to be black. The legal battle raised intriguing questions about the concept of race, its meaning in contemporary society, and its use (and abuse) in public policy. Assistant Attorney General Ron Davis defended the law by pointing out that some type of racial classification was necessary to comply with federal record-keeping requirements and to facilitate programs for the prevention of genetic diseases. Phipps's attorney, Brian Begue, argued that the assignment of racial categories on birth certificates was unconstitutional and that the one-thirty-second designation was inaccurate. He called on a retired Tulane University professor who cited research indicating that most whites have one-twentieth "Negro" ancestry. In the end, Phipps lost. The court upheld a state law which quantified racial identity, and in so doing affirmed the legality of assigning individuals to specific racial groupings.