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"There are no genetic characteristics possessed by all Blacks but not by non- Blacks; similarly, there is no gene or cluster of genes common to all Whites but not to non-Whites. One's race is not determined by a single gene or gene cluster, as is, for example, sickle cell anemia. Nor are races marked by important differences in gene frequencies, the rates of appearance of certain gene types. The data compiled by various scientists demonstrates, contrary to popular opinion, that intra-group differences exceed inter-group differences. That is, greater genetic variation exists within the populations typically labeled Black and White than between these populations. This finding refutes the supposition that racial divisions reflect fundamental genetic differences." Ian F. Haney Lopez, The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice, 29 Harvard Civil Rights-Civil Liberties Law Review 1-62, 6-7, 11-17 (Winter, 1994)
For some time now, the scientific community has known that there is no true biological or genetic difference between and among the so-called races i.e. Mongoloid, Caucasoid, Negroid, Capoid, Australoid. The society, the courts, and even the U.S. government have yet to catch up with that reality.
Is this a good thing or not so good thing? Ask La Raza or the Black Panthers or the Nation of Islam. Check in with the Native Americans, Holocaust Survivors, and the Aleuts.
We have known since the late 19th Century that there is no real difference among the races. Most of the outer appearances of peoples are due more to geographic location that genes.
So, what does this mean? Should we still be able to sue due to racial discrimination? Should the courts, who know better, continue to allow race to play such a major role in the construction of law?