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Bryan Fair - University of Alabama School of Law

About Bryan Fair

Professor Bryan K. Fair joined the University of Alabama School of Law in 1991 and was named the Thomas E. Skinner Professor of Law in 2000. He teaches courses on constitutional law; race and racism; sexism and American law; and the First Amendment. He also directs the University of Fribourg, Switzerland/UA cooperative educational program. Professor Fair served as an assistant vice president for academic affairs at The University of Alabama from 1994 to 1997. The author of Notes of a Racial Caste Baby: Colorblindness and the End of Affirmative Action (NYU Press 1997), Professor Fair’s research agenda focuses primarily on equality and equal protection theory and jurisprudence.

Declaration Against Caste

When in the course of human events, it becomes necessary for one people, for example, Americans with darker skin, to dissolve the caste which has connected them to another, and to assume among the powers of the earth, the equal station to which unbiased laws entitle them, a decent respect for the opinions of others requires that they declare the causes which impel them to demand substantive equal opportunity.

We hold these truths to be self-evident, that all racial, gender, religious, and orientation classifications, among other bases of caste, are morally irrelevant, politicized social constructions created as tools of domination; that all humans deserve equality of opportunity and dignity; that they are endowed with certain unalienable rights, that among these are equal opportunities at life, liberty, education, employment, political participation, and the pursuit of happiness; that to secure these rights, governments are instituted among humans, deriving their just powers from the consent of the whole governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government.

The history of the United States of America is one of repeated abuses and usurpations, all having in direct object the establishment of an absolute tyranny favoring selected Americans. To prove this, let the facts be submitted to a candid world:

The United States was created to serve the political and economic interests of a small sub-group of white men, relegating most other Americans to varying levels of slavery or slave-like caste. That small sub-group established itself as a despotic ruler over this country, reserving to itself all authority over the means of accumulating wealth and power—land, commerce, politics, education, and occupations. To ensure its domination, that group created a system of race, gender, and religion spoils, seating itself and those most like it at the head of the government privilege line. What emerged was a pernicious political, economic, and social caste system, with a few Protestant, white men directing the extension of American caste and their own unfair privilege up to the present.

That small elite called indigenous American Indians heathen savages, declaring war against them, driving them from sacred native lands, forcing them to submit to unnatural, squalid conditions on and off reservations, and manipulating federal authority to betray treaties and drive them to extinction. American Indian policy was a clarion call endorsing America as a white man's country and Manifest Destiny was a declaration of white supremacy, legitimating the murder and pillage of any tribe that dared to stand in the path of any white person. Those few Native Americans who have survived, live in America's shadows, significantly unseen, unheard and uncounted.

That small white male elite made women, of whatever hue, domestic slaves and sexual objects, denying them control over their lives, their property, and their bodies through laws enacted most often without their representation or consent.

By declaring that "the paramount destiny of a woman was to be wife and mother," that group placed some white women in a caste cage while claiming to place them on a protective pedestal. Nonwhite women were relegated to a subcaste beneath white women, receiving even fewer beneficial opportunities within the women's sphere. Male supremacy was presumed based on theories of religious and biological determinism. Habit did the rest.

That elite forced gay men and lesbians to closet themselves, denying them the most basic human right to choose a consensual life partner and delimiting their rights and opportunities based on the gender of their partner. Current don't ask, don't tell policies continue the estrangement, isolation, danger, violence, and other discriminations against Americans who choose same sex partners.

That white male elite made African Americans, through slavery, segregation, and other affirmative acts of subordination, a despised caste, asserting such persons had no rights which a white person was bound to respect. A century later, even as laws changed declaring an end to American apartheid, white resistance to African American equality hardened, producing myriad devices and legal interpretations that maintained the outsider status of black people.

That elite group made Mexicans and Asian Pacific Islanders its transient, replacement laborers, admissible in and excludable from this country whenever either policy served the interests of that group whether building a railroad or harvesting crops. By closing off federal naturalization procedures to whites until 1870, and then to whites and persons of African ancestry until the 1950s, Mexicans and Asians were not greeted by an immigrant welcome mat, but rather by rejection and hardship.

That small elite's theory of inherent superiority seduced even many working class whites, despite their obvious poverty, illiteracy, and limited political influence. Nonetheless, their whiteness and/or maleness assured them a higher life status than many others constrained by exclusionary laws. They could aspire to become like their elite brothers.

In every stage of these oppressions many persons have petitioned for redress, but those petitions have gone significantly unheeded and have been met with new injuries. A small group, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Published Tuesday, February 12, 2008 10:46 AM by Bryan Fair
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