|   Racial matching reinforces racialism. 
              It strengthens the baleful notion that race is destiny. It buttresses 
              the notion that people of different racial backgrounds really are 
              different in some moral, unbridgeable, permanent sense. It affirms 
              the notion that race should be a cage to which people are assigned 
              at birth and from which people should not be allowed to wander. 
              It belies the belief that love and understanding are boundaries 
              and instead instructs us that our affections are and should be bounded 
              by the color line regardless of our efforts. . . . 
            There is no rationale sufficiently compelling to justify preferring 
              same-race child placements over transracial placements. One asserted 
              reason for favoring same-race placements (at least in terms of black 
              children) is that African-American parents can, on average, better 
              equip African-American children with what they will need to know 
              in order to survive and prosper in a society that remains, in significant 
              degree, a pigmentocracy. This rationale is doubly faulty. 
            First, it rests upon a racial generalization, a racial stereotype, 
              regarding the relative abilities of white and black adults in terms 
              of raising African-American children. Typically (and the exception 
              does not apply here), our legal system rightly prohibits authorities 
              from making decisions on the basis of racial generalizations, even 
              if the generalizations are accurate. Our legal system demands that 
              people be given individualized consideration to reflect and effectuate 
              our desire to accord to each person respect as a unique and special 
              individual. Thus, if an employer used whiteness as a criteria to 
              prefer white candidates for a job on the grounds that, on average, 
              white people have more access to education than black people, the 
              employer would be in violation of an array of state and federal 
              laws—even if the generalization used by the employer is accurate. 
              We demand as a society a more exacting process, one more attentive 
              to the surprising possibilities of individuals than the settled 
              patterns of racial groups. Thus, even if one believes that, on average, 
              black adults are better able than white adults to raise black children 
              effectively, it would still be problematic to disadvantage white 
              adults, on the basis of their race, in the selection process. 
          
              
              
            Second, there is no evidence that black foster or adoptive parents, 
              on average, do better than white foster or adoptive parents in raising 
              black children. The empirical basis for this claim is suspect; there 
              are no serious, controlled, systematic studies that support it. 
              Nor is this claim self-evidently persuasive. Those who confidently 
              assert this claim rely on the hunch, accepted by many, that black 
              adults, as victims of racial oppression, will generally know more 
              than others about how best to instruct black youngsters on overcoming 
              racial bias. A counter-hunch, however, with just as much plausibility, 
              is that white adults, as insiders to the dominant racial group in 
              America, will know more than racial minorities about the inner world 
              of whites and how best to maneuver with and around them in order 
              to advance one’s interests in a white-dominated society. 
            To substantiate the claim that black adults will on average be 
              better than white adults in terms of raising black children, one 
              must stipulate a baseline conception of what constitutes correct 
              parenting for a black child—otherwise, one will have no basis 
              for judging who is doing better than whom. . . . 
            Is an appropriate sense of blackness evidenced by celebrating Kwanza, 
              listening to rap, and seeking admission to Morehouse College? What 
              about celebrating Christmas, listening to Mahalia Jackson, and seeking 
              admission to Harvard? And what about believing in atheism, listening 
              to Mozart, and seeking admission to Bard? Are any of these traits 
              more or less appropriately black? And who should do the grading 
              on what constitutes racial appropriateness? Louis Farrakhan? Jesse 
              Jackson? Clarence Thomas? . . . 
            What parentless children need are not “white,” “black,” 
              “yellow,” “brown,” or “red” 
              parents but loving parents. 
            Yet another reason advanced in favor of moderate racial matching 
              is that it may serve to save a child from placement in a transracial 
              family setting in which the child will be made to feel uncomfortable 
              by a disapproving surrounding community. It would be a regrettable 
              concession, however, to allow bigotry to shape our law. One of the 
              asserted justifications of segregation was that it protected blacks 
              from the wrath of those whites who would strongly object to transracial 
              public schooling and transracial accommodations in hotels and restaurants. 
              When the New York Times editorializes today that “clearly, 
              matching adoptive parents with children of the same race is a good 
              idea,” we should recall that not very long ago it was believed 
              in some parts of this nation that “clearly” it was a 
              good idea to match people of the same race in separate but equal 
              parks, hospitals, prisons, cemeteries, telephone booths, train cars, 
              and practically every other place one can imagine—all for 
              the asserted purpose of accommodating the underlying racial sentiments 
              of those who opposed “racial mixing.”   |