Showing posts with label The Case for Loving. Show all posts
Showing posts with label The Case for Loving. Show all posts

Wednesday, November 18, 2015

Stereotypical words and images: Gone!

Over the years, I've written about children's books that were revised.

A few days ago I compiled links about revised books (some are mine and some are from others who work in children's literature) and inserted them in my post about A Fine Dessert. Today, I'm putting them on a stand-alone page. If you know of other changes, do let me know. This set of links will eventually appear at Teaching for Change.

We are rarely told why these books were changed, and we're rarely told when the change itself is made.  Some changes are no-change, really, because the ideology of the book (writer?) is still there, beneath the words that get changed. Some changes--like the ones in picture books--are significant. All of them are, nonetheless, important to know about.

Friday, November 13, 2015

Revisions to THE CASE FOR LOVING

Earlier this year, The Case for Loving: The Fight for Interracial Marriage, by Selina Alko, illustrated by Alko and Sean Qualls, was published by Arthur A. Levine Books. It got starred reviews from Kirkus and Publisher's Weekly. The reviewer at Horn Book gave it a (2), which means the review was printed in The Horn Book Magazine. 

The review from The New York Times and my review, were mixed, and as I'll describe later, may be the reasons revisions were made to the second printing of the book.

Let's start with the synopsis for The Case for Loving:
For most children these days it would come as a great shock to know that before 1967, they could not marry a person of a race different from their own. That was the year that the Supreme Court issued its decision in Loving v. Virginia.
This is the story of one brave family: Mildred Loving, Richard Perry Loving, and their three children. It is the story of how Mildred and Richard fell in love, and got married in Washington, D.C. But when they moved back to their hometown in Virginia, they were arrested (in dramatic fashion) for violating that state's laws against interracial marriage. The Lovings refused to allow their children to get the message that their parents' love was wrong and so they fought the unfair law, taking their case all the way to the Supreme Court - and won!

On Feb 6, 2015, The New York Times reviewer, Katheryn Russell-Brown, wrote:
Alko’s calm, fluid writing complements the simplicity of the Lovings’ wish — to be allowed to marry. Some of the wording, though, strikes a sour note. “Richard Loving was a good, caring man; he didn’t see differences,” she writes, suggesting, implausibly, that he did not notice Mildred’s race. After Mildred is identified as part black, part Cherokee, we are told that her race was less evident than her small size — that town folks mostly saw “how thin she was.” This language of colorblindness is at odds with a story about race. In fact, this story presents a wonderful chance to address the fact that noticing race is normal. It is treating people better or worse on the basis of that observation that is a problem.

And on March 18, 2015, I wrote a long review, focusing on Mildred Jeter's identity. I concluded with this:
In The Case for Loving, Alko uses "part African-American, part Cherokee" but I suspect Jeter's family would object to what Alko said. As the 2004 interview indicates, Mildred Jeter Loving considered herself to be Rappahannock. Her family identifies as Rappahannock and denies any Black heritage. This, Coleman writes, may be due to politics within the Rappahannock tribe. A 1995 amendment to its articles of incorporation states that stated (p. 166):
“Applicants possessing any Negro blood will not be admitted to membership. Any member marrying into the Negro race will automatically be admonished from membership in the Tribe.”
I'm not impugning Jeter or her family. It seems to me Mildred Jeter Loving was caught in some of the ugliest racial politics in the country. As I read Coleman's chapter and turn to the rest of her book, I am unsettled by that racial politics. In the final pages of the chapter, Coleman writes (p. 175):
"Of course, Mildred had a right to self-identify as she wished and to have that right respected by others. Nevertheless, viewed within the historical context of Virginia in general and Central Point in particular, ironically, “the couple that rocked courts” may have inadvertently had more in common with their opponents than they realized. Mildred’s Indian identity as inscribed on her marriage certificate and her marriage to Richard, a White man, appears to have been more of an endorsement of the tenets of racial purity rather than a validation of White/ Black intermarriage as many have supposed."

Turning back to The Case for Loving, I pick it up and read it again, mentally replacing Cherokee with Rappahannock and holding all this racial politics in my head. It makes a difference.
At this moment, I don't know what it means for this picture book. One could argue that it provides children with an important story about history, but I can also imagine children looking back on it as they grow up and thinking that they were misinformed--not deliberately--but by those twists and turns in racial politics in the United States of America.


Fast forward to last week (November 4, 2015), when I learned that changes were made to The Case for Loving in its second printing. Here's a photo of the copyright page for the two books. Look at the second line from the bottom in the top image. See the string of numbers that starts at 10 and goes on down to 1? That string is data. The lowest numeral in the string is 1, which tells us that the book with the 1 is the original. Now look at the second line from the bottom in the bottom image. See the string of numbers ends with numeral 2? That tells us that is the 2nd printing.



I learned about the second printing by watching Daniel Jose Older's video, Full Panel: Lens of Diversity: It is Not All in What You See. Sean Qualls, illustrator of The Case for Loving was also on that panel, which was slated as an opportunity to talk about Rudine Sims Bishop's idea of literature as windows, mirrors, and doors, framed around Sophie Blackall's art for the New York public transit system. The moderator and panel organizer, Susannah Richards, said that she saw people using social media to say that they thought they say themselves in Blackall's art. (To read more about the discussions of Blackall's picture book, A Fine Dessert, see Not recommended: A Fine Dessert.)


At approximately the 34:00 minute mark in Older's video, Richards began to speak about The Case for Loving and how Qualls and Alko addressed concerns about the book. Richards had a power point slide ready comparing a page in the original book with a page in the revised edition. It is similar to the one I have here (in her slide, she has the revised version at the top and the original on the bottom):

Qualls said "So, part of what happened is... There is a page with a description of Mildred and Richard." Qualls then read the revised page and the original one, too: "Richard was a tall quiet man with fair skin and broad shoulders. The person he loved most was Mildred Jeter. Mildred was part African-American, part Native American, and she was thin as a rail; that's how she got the nickname, String Bean. Richard Loving was a good, caring man; he didn't see differences. There was one person Richard loved more than the rest. Mildred Jeter was part African-American, part Cherokee, but what most folks in Central Point noticed was how thin she was; that's how she got the nickname, "String Bean."


Reese's photo of original (on top) and revised (on bottom) page in THE CASE FOR LOVING

For now, I'm going to step away from the video and Quall's remarks in order to compare the original lines on the page with the revised ones:

(1)
Original: Richard Loving was a good, caring man; he didn't see differences.
Revision: Richard Loving was a tall, quiet man with fair skin and broad shoulders.

See that change? "he didn't see differences" is gone. This, I think, is the result of Russell-Brown (of the Times) saying that him not seeing difference was implausible, especially since this book is about race.

(2)
Original: There was one person Richard loved more than the rest.
Revision: The person he loved most was Mildred Jeter.

I don't know what that sentence was changed, and welcome your thoughts on it.

(3)
Original: Mildred Jeter was part African-American, part Cherokee...
Revision: Mildred was part African-American, part Native American...

In my review back in March, I said it was wrong to describe her as being part Cherokee, because on the application for a marriage license (dated May 24, 1958), she stated she was Indian. I assume the change to "Native American" rather than "Indian" was done because the person(s) weighing in on the change thought that "Indian" was pejorative. It can be, depending on how it is used, but I use it in the name of my site and it is used by national associations, too, like the National Congress of American Indians or the National Indian Education Association or the American Indian Library Association.

I think it would have been better to use Indian--and nothing else--because that is what Jeter used. "Native American" didn't come into use until the 1970s, as indicated at the Bureau of Indian Affairs website and other sources I checked. In order to tell this story as determined by the Supreme Court case, Alko and Qualls had to include "part African American" because that is the basis on which the case went to the Supreme Court in the first place. I'll say more about all of this below.

(4)
Original: ...but what most folks in Central Point noticed was how thin she was;
Revision: ...and she was thin as a rail;

I think this change is similar to (1). People do notice race.

(5)
Original: ...that's how she got the nickname, "String Bean."
Revision: ...that's how she got the nickname, "String Bean."

No change there, which is fine.

~~~~~~~~~

Now I want to return to the video, and look more closely at (3) -- how Alko and Qualls describe Jeter.

After reading aloud the original and revised passage, Qualls paused. The moderator, Susannah Richards, stepped in. Here's a transcript:
Richards: "Research is complicated, and in researching this particular book, and looking... And even having some of my law friends look at it, they were like 'well some things say she was Cherokee and some things say she was wasn't, some things say her birth certificate said this,' and... There was just a lot of information out there."
Qualls: "Right. And I think that Deborah..."
Richards: "Debbie Reese."
Qualls: "Debbie Reese..."
Richards: "Who many of you may follow on her blog."
Qualls: "Really brought issue with the Cherokee description of Mildred, and, I have spoken to at least some family members and no one really seems to know whether she was Cherokee or Rappahannock. And I think there are some... Debbie Reese may have said, or somewhere I read, that Mildred claimed not to have any African American heritage. But then I've also read that the Rappahannock Nation is less likely to recognize someone as Rappahannock if they claim to have any African American heritage. We're also talking about the 1950s and 1960s where it may have been convenient for someone to claim that they had no African American heritage. James Brown, of all people, claimed he was part Japanese, part Native American, and had no African American heritage. So, it is extremely loaded, and yeah, you know, I really don't know what to say about it. And, it comes down to ones intention, and you know, in trying to represent diversity, and the fact is, no one really knows what her back ground was. I believe that she was part African American. My gut tells me that. She looks that way, she feels that way when I see her, when I see videos of her. So, yeah, that became a little bit of a controversy and was very disturbing to my wife, who is Canadian in origin, and the fact that you're Australian, you know, its very interesting. There are two people that I know that include and have always included African Americans in their art, and without question, that's really important, I think.    

Qualls is right, of course. I did raise a question about them identifying Jeter as Cherokee.

I'm curious about his next comment, that he has spoken to family members who say that no one really knows whether she was Cherokee or Rappahannock. In my review, I quoted Coleman's 2004 interview of Jeter, in which she said "I am not Black. I have no Black ancestry. I am Indian-Rappahannock." I didn't include this passage (below) but am including it now--not as a deliberate attempt to argue with Qualls--but because I am committed to helping people understand Native nationhood and how Native people speak of their identity. Coleman writes (p. 173):
The American Indian identity is strong within the Loving family as demonstrated by Mildred’s grandson, Marc Fortune, the son of her daughter Peggy Loving Fortune. When Mildred Loving’s son, Donald, died unexpectedly on August 31, 2000, Marc, according to one attendee, arrived at his uncle’s funeral dressed in native regalia and performed a “traditional Rappahannock” ritual in honor of his deceased uncle. In fact, all of the Loving children are identified as Indian on their marriage licenses. During an interview on April 10, 2011, Peggy Loving stated that she is “full Indian.” This was also the testimony of her uncle, Lewis Jeter, Mildred’s brother who stated during an interview on July, 20, 2011, that the family was Indian and not Black. Echoing his sister’s words he stated, “We have no Black ancestry that I know of.”
Based on all I've read and many conversations with people who do not understand the significance of saying you're a member or citizen of a specific tribe, here's what I think is going on.

In watching videos of Jeter, Qualls said that he believes Jeter was part African American. In the video, he said "She looks that way, she feels that way when I see her, when I see videos of her." He is basing that, I believe, on her physical appearance rather than on her own words about her citizenship in the Rappahannock Nation. Qualls is conflating a racial identity with a political one.

I'm not critical of Qualls for thinking that way. I think most Americans would think and say the same thing he did. That is because Native Nationhood is not taught in schools. It should be, and it should be part of children's books, too, because our membership or citizenship in our nations is a fact of who we are. Indeed, it is the most significant characteristic of who we are, collectively. It is why our ancestors made treaties with leaders of other nations. It is why we, today, have jurisdiction of our homelands.

All across the U.S., there are peoples of varying physical appearance who are citizens of a Native nation. My paternal grandfather is white. He was not a tribal member. My dad and my uncle are tribal members. Myself and my siblings, though we range in appearance (I have the darkest hair and skin tone amongst us), are all tribal members. On the federal census, we say we're tribal members and we specify our nation as Nambe Pueblo. Our political identity is a Native one. Because of our grandfather, some of us look like we're mixed bloods, because we are, but when asked, we say we are tribal members, and we say that, too, on the U.S. census documents. We were raised at Nambe and we participate in a range of tribally-specific activities, from ceremonies to civic functions such as community work days and elections. What we look like, physically, is not important.  

In short, the revision regarding Jeter's identity is based on a physical description rather than a political one. My speculation: the author, illustrator, and their editor do not know enough about Native nationhood to understand why that distinction matters.

Now let's take a look at the content of the reviews.

The reviewers at School Library Journal, Kirkus echoed the book, saying that Mildred was African American and Cherokee. The reviewer at Publisher's Weekly did not say anything about her identity. Horn Book's reviewer said "Richard Loving (white) and Mildred Jeter (black) fell in love and married..." Not surprisingly, then, that the Horn Book reviewer tagged it with "African Americans" as a subject, and not Native American, but I'm curious why they ignored her Native identity? Did they choose to view the Loving case as one about interracial marriage between a White man and Black woman--as the Loving's lawyers did? Perhaps.

In Older's video, he says that there are some stories that he wouldn't touch. I think the Loving case is one that is more complicated than a picture book for young children can do justice to. Here's key points, from my point of view:

In the 1950s, Mildred Jeter said she was Indian. We don't know if she said that out of a desire to avoid being discriminated against, or if she said that because she was already living her life as one in which she firmly identified as being Indian. Either way, it is what she said about who she was on the application for a marriage license.

In the 1960s, because Mildred Jeter and Richard Loving's marriage violated miscegenation laws, their case went before the Supreme Court of the United States. To most effectively present their case, the emphasis was on her being Black.

In the 2000s, Jeter and her children said they are Indian, and specified Rappahannock as their nation.

In the 2000s, Alko and Qualls met and fell in love.

In the 2010s, Alko and Qualls worked together on a picture book about the Lovings. In the author's note for The Case for Loving, Alko said that she's a white Jewish woman from Canada, and that Sean is an African American man from New Jersey. She said that much of her work is about inclusion and diversity and that it is difficult for her to imagine that just decades ago, couples like theirs were told by their governments, that their love was not lawful. For years, Alko writes, she and Qualls had thought about illustrating a book together. The Case for Loving is that book.

I think it is fair to say that the love they have for each other was a key factor in the work they did on The Case for Loving, but who they are is not who the Lovings were. That fact meant they could not--and can not--see Mildred for who she is.

My husband and I are also a couple in an interracial marriage. He's White; I'm Native. If we were an author/illustrator couple working in children's books and wanted to do a story about the Lovings, we'd enter it from a different place of knowing. We both know the importance of Native nationhood and the significance of Nambe's status as a sovereign nation. He didn't know much about Native people until he started teaching at Santa Fe Indian School, where we met in 1988 when I started teaching there. What we do not have is a lived experience or knowledge of the life of Mildred Jeter as she lived her life in the 1950s in Virginia. We'd be doing a lot of research in order to do justice to who she was.

At the end of his remarks (in the video) about The Case for Loving, Qualls said that it comes down to intentions, and that his wife and Sophie Blackall are very careful to include diversity in their work. He said he thinks it is important. I don't think anyone would disagree with that statement. Diversity is important. But, as his other remarks indicate, he's since learned how complicated the discussion of Jeter's identity were, then and now, too. They've revised that page in the book but as you may surmise, I think the revision is still a problem.

I like the art very much and think it is important for young children to know about the Lovings and families in which the parents are of two different demographics. I'll give some thought to how it could be revised so that it sets the record straight, and I welcome your thoughts (and do always let me know--as usual--about typos or parts of what I've said that lack clarity or are confusing).

Pick up a copy of That the Blood Stay Pure: African Americans, Native Americans, and the Predicament of Race and Identity in Virginia, published in 2013 by Indiana University Press. Read the chapter on the Lovings, and read Alko and Qualls and see what you think. Can it be revised again? How?


Friday, July 03, 2015

Claiming, Misrepresenting, and Ignorance of Cherokee Identity

Some books that we give to young children carry enormous weight. The Case for Loving: The Fight for Interracial Marriage is one example. It is about the Supreme Court's decision in 1967, in which they ruled that people could marry whomever they loved, regardless of race.

Richard Loving was white. The woman he loved.... is misrepresented in The Case for Loving. The author, Selina Alko, echoed misrepresentations of who Jeter was when she wrote that Jeter was "part Cherokee."

Jeter didn't say that she was part Cherokee. What she said was misrepresented

Indeed, her marriage license says "Indian" and when she elaborated elsewhere, she said Rappahannock. I wrote about this at length back in March of 2015.

Yesterday morning (July 2, 2015), I read Betsy Bird's review of Alko's book. This part brought me up short:
A side issue has arisen concerning Mildred’s identification as Native American and whether or not the original case made more of her African-American roots because it would build a stronger case in court. This is a far bigger issue than a picture book could hope to encompass, though I would be interested in a middle grade or young adult nonfiction book on the topic that went into the subject in a little more depth.
Actually, saying that it "brought me up short" doesn't adequately describe what I felt.

First, I knew that Betsy was referencing my post. I took her use of "side issue" as being dismissive of me, and by extension, Arica Coleman (who I cite extensively), and by further extension, Native people who speak up about how we are represented--and misrepresented--in society, and in children's books.  On one hand, I felt angry at Betsy. As a teacher, though, I understand that we're all on a continuum of knowing about subjects that are outside our particular realm of expertise.

Representation, and misrepresentation, of Native identity is important.

Because so many make that (fraudulent) claim, it strikes me as a significant wrong to see, in The Case of Loving, words that say Jeter was Cherokee when she did not say she was. It unwittingly casts her over in that land in which people claim an identity that is not really theirs to claim.

Here's another reason that Betsy's review (posted on July 2, 2015) bothered me. I read it within a specific moment in my work as a Native woman and scholar who is part of a Native community of scholars.

Andrea Smith misrepresents herself as Cherokee

On June 30, 2015 (two days before Betsy's review was posted), The Daily Beast ran a story about Andrea Smith, a key figure to many academics and activist who are committed to social justice, especially for women, and in particular, women of color. The focus of the article is Andrea Smith's identity. For years, she claimed to be Cherokee. She said she was Cherokee. But, she wasn't. She is amongst the millions of people who think that they have Cherokee ancestry. Some do, some don't.

I met Andy several years ago (most people know her as Andy). At the time, she said she was Cherokee. I had no reason not to believe her. I don't remember when I first heard that she might not be Cherokee, but I did learn (not sure when) that she had been asked by the Cherokee Nation to stop claiming that she is Cherokee. I don't know what she personally did after that, and she has not said anything (to my knowledge) since the story appeared in The Daily Beast.

Things being said about Andy, about being Cherokee, and about claims to being Cherokee, reminded me of David Arnold's Mosquitoland. There's so much ignorance about being Cherokee! That ignorance was front and center in Arnold's book. I'm deeply appreciative that he responded to my questions about it, and that he is talking with others about it, too. Those conversations are so important!

I view Andy's failure to address her claim to Cherokee identity as a dismissal of the sovereignty of the Cherokee Nation. It is a dismissal of their nationhood and their right to determine who their citizens are. Andy knows what the stakes are for Native Nations, and for our sovereignty. She knows what she is doing.

Jeter was adamant about who she was. My guess is that she knew what the stakes were, for her personally, and for the Rappahannock who, as of this writing, are not yet federally recognized as a Native Nation.

From Ignorance to Knowing

Betsy doesn't have the knowledge that Andy has. Few people do. Betsy is listening, though, as evidenced by her response to me this morning (see her comment on July 3). I am grateful to her for that response. She has far more readers than I do, and our conversation there will increase what people know, overall.

In that response, Betsy notes that Alko probably didn't have the sources necessary to get it right. Let's say ok to that suggestion, but, let's also expect that the next printing of the book will get that part right, and let's hope that editors in other publishing houses are talking to each other about this particular book and that they won't be releasing books with that error.

That error may not matter to a non-Native child or her parents, but it matters to a Cherokee child and her parents. It matters to a Rappahannock child and her parents. It should matter to all of us, and it will (I say with optimism and perhaps naively, too), because we're having these conversations.

By having them, I hope (again, optimistically and perhaps, naively), that we'll move to a point in time when the majority of the American population will understands what it means to claim a Cherokee (or Native) identity, and a population that ceases to misrepresent Cherokee culture and history. In short, we'll have a population that is no longer ignorant about Cherokee people specifically, and Native people, broadly speaking. Children's books are part of getting us there. They carry a lot of weight.

For now, I'll hit upload on this post, post the link in a comment to Betsy's review, and respond (there) to other things Betsy said. I hope you'll follow along there.

__________

Further readings about Andrea Smith's claim to Cherokee identity:




Wednesday, March 18, 2015

THE CASE FOR LOVING by Selina Alko and Sean Qualls, but, what to do with what Jeter said about her identity?

Eds. note: See information about the second printing of the book, which was revised. 

New this year (2015) is The Case for Loving: The Fight for Interracial Marriage by Selina Alko. Illustrations are by Alko and her husband, Sean Qualls.

The author's note tells us that Alko is a "white Jewish woman from Canada" and that Qualls is an "African-American man from New Jersey."

The story of Mildred Jeter and Richard Loving resonated with Alko and Qualls. Their case went before the United States Supreme Court in 1967. Here's the synopsis posted at Scholastic's website:

For most children these days it would come as a great shock to know that before 1967, they could not marry a person of a race different from their own. That was the year that the Supreme Court issued its decision in Loving v. Virginia.
This is the story of one brave family: Mildred Loving, Richard Perry Loving, and their three children. It is the story of how Mildred and Richard fell in love, and got married in Washington, D.C. But when they moved back to their hometown in Virginia, they were arrested (in dramatic fashion) for violating that state's laws against interracial marriage. The Lovings refused to allow their children to get the message that their parents' love was wrong and so they fought the unfair law, taking their case all the way to the Supreme Court — and won!
The Loving case is of interest to me, too. We all ought to embrace its outcome. As the synopsis indicates, the story is about the love Jeter and Loving had for each other, and how, using the court system, laws against their desire to be married were struck down. We need to know that history. It is important. In her review in the New York Times, Katheryn Russell-Brown noted its strengths. She also said something I agree with:
Alko’s calm, fluid writing complements the simplicity of the Lovings’ wish — to be allowed to marry. Some of the wording, though, strikes a sour note. “Richard Loving was a good, caring man; he didn’t see differences,” she writes, suggesting, implausibly, that he did not notice Mildred’s race. After Mildred is identified as part black, part Cherokee, we are told that her race was less evident than her small size — that town folks mostly saw “how thin she was.” This language of colorblindness is at odds with a story about race. In fact, this story presents a wonderful chance to address the fact that noticing race is normal. It is treating people better or worse on the basis of that observation that is a problem.

As Russell-Brown noted, the "language of colorblindedness" doesn't work.  As a grad student in the 90s, I read research that found that the colorblind approach sent the opposite message to young children.

The Case for Loving also provides us with an opportunity to look at identity and claims to Native identity.

When I first learned that Alko and Qualls presented Mildred Jeter as part Cherokee (as shown in the image to the right), I started doing some research on her and the case. In some places I saw her described as Cherokee. In a few others, I saw her described as Cherokee and Rappahannock. That made me more intrigued! In the midst of that research, I also re-read Cynthia Leitich Smith's Rain Is Not My Indian Name and really appreciate--and recommend it--for lots of reasons, including how Smith wrote about Black Indians.

I continued my research on Jeter and found a particularly comprehensive source: That the Blood Stay Pure: African Americans, Native Americans, and the Predicament of Race and Identity in Virginia by Arica L. Coleman. It was published in 2013. Coleman's book has a chapter about Jeter.

Drawing from magazines, newspapers and court documents of that time and more recently, too, Coleman describes the twists and turns that impacted Mildred Jeter's identity. Most crucial to her chapter is information Jeter gave to her.

Jeter did not identify herself as Black. In an interview on July 14, 2004, she told Coleman (p. 153):
"I am not Black. I have no Black ancestry. I am Indian-Rappahannock." 

In The Case of Loving, we read about Mr. and Mrs. Loving going to Washington DC to get married, returning home to Virginia with their marriage license, and, being awoken late one night by the police who asked Richard what he was doing in bed with Jeter.

He pointed to their marriage certificate hanging on the wall.

The marriage certificate--an image of which is in Coleman's book--shows us columns for the male and female applying for the license. Here's the information in the female column:

Name: Mildred Delores Jeter
Color: Indian

She identified as Indian. In Central Point (that's the town they lived in), Coleman writes, there was a (page 161-162):
"racial hierarchy that granted social privileges to Whites, an honorary White privilege to Indians (i.e. access to White hospitals and the White only section of rail and street cars), and no social privilege to Blacks."
Isn't that fascinating? There's more. In 1870, Mildred's parents* the Jeter name was listed on census records as mulatto. By 1930, they* people with that name were identified as Negro. She was born in 1939. But, Coleman writes (p. 164):
The Jeter surname is also listed in the Rappahannock Tribe’s corporate charter (1974) as a tribal affiliate. Many claim, however, that the Jeters are descended from the Cherokee who allegedly began to intermarry with the Rappahannock during the late eighteenth century. According to one anonymous informant, “The situation regarding Indian identity in Caroline County is very complex. There was a time when many in the Rappahannock community believed that they were Cherokee because that was all they knew.” Neither Mildred nor her brother, Lewis Jeter, supported the claim that their father was Cherokee.
A 1997 article in the Free Lance-Star reports that she said she was Indian, with Portuguese and Black ancestry. In 2004 Coleman asked her about the Black ancestry, prefacing her question with a reference to the Rappahannock's historic association with Blacks, Jeter told Coleman that the Rappahannock's never had anything to do with Blacks.

That denial of Black ancestry is striking, particularly since the Supreme Court case was based on her being Black. If I understand Coleman's research, Jeter thought of herself as Indian when she married Loving. When their case went before the Supreme Court, she was regarded as Black. In the last years of her life, she said she was Indian. What was going on?

Her ACLU lawyers, Bernard Cohen and Philip Hirschkop, and Virginia's Assistant Attorney General, Robert McIlwaine--needed her to be Black. Her Indian identity had the potential to derail the arguments they were putting forth.

See, there was an act in Virginia called the "Racial Integrity Act" that was intended to preserve the purity of the White race. In early drafts of that act, white meant a person having only Caucasian blood. But that definition was replaced by the "Pocahontas Exception." The Racial Integrity Act was passed in 1924.

When I read "Pocahontas Exception" --- well, I think it fair to say that my eyebrows shot up and that I leaned towards the screen (reading an e-copy of the book)! What is THAT?!

The Pocahontas Exception allowed Whites to claim to be white, as long as they had no more than 1/16 of the blood of an American Indian.

Chief Justice Earl Warren was presiding over the Loving case. Presumably, he knew about her Indian identity and therefore asked about the Pocahontas Exception. I hope I am correct in my reading of Coleman's research when I say that Warren let it go when he heard McIlwaine's reply to his questions. The law, McIlwaine argued, did not apply to this case because Virginia had two populations of significance to its legislature: a bit over 79% were white and a bit over 20% were colored; therefore, the number of Native people (at less than 1%) was insignificant. Moreover (p. 170):
It is a matter of record, agreed to by all counsel during the course of this litigation and in the brief that one of the appellants here is a white person within the definition of the Virginia law, the other appellant is a colored person within the definition of Virginia law. 
Significant/insignificant are my word choices. McIlwaine didn't use them and neither did Coleman. They are words that resonate with Native people because research studies on race typically have an asterisk rather than data for us, because relative to other demographics, we are deemed too small to count. Indeed, a group of Native scholars have written a book about some of this, titled Beyond the Asterisk: Understanding Native Students in Higher Education. 

With intricate detail, Coleman documents how the news media was hit-or-miss in terms of what reporters said about Jeter's race. One day it was "negro" and the next--in the same paper--it was "half negro, half Indian" and then later on, it was back to "negro." In the final analysis, Coleman writes, writers generally describe her as an "ordinary Black woman" (p. 173).

In The Case for Loving, Alko uses "part African-American, part Cherokee" but I suspect Jeter's family would object to what Alko said. As the 2004 interview indicates, Mildred Jeter Loving considered herself to be Rappahannock. Her family identifies as Rappahannock and denies any Black heritage. This, Coleman writes, may be due to politics within the Rappahannock tribe. A1995 amendment to its articles of incorporation states that stated (p. 166):
“Applicants possessing any Negro blood will not be admitted to membership. Any member marrying into the Negro race will automatically be admonished from membership in the Tribe.”
I'm not impugning Jeter or her family. It seems to me Mildred Jeter Loving was caught in some of the ugliest racial politics in the country. As I read Coleman's chapter and turn to the rest of her book, I am unsettled by that racial politics. In the final pages of the chapter, Coleman writes (p. 175):
Of course, Mildred had a right to self-identify as she wished and to have that right respected by others. Nevertheless, viewed within the historical context of Virginia in general and Central Point in particular, ironically, “the couple that rocked courts” may have inadvertently had more in common with their opponents than they realized. Mildred’s Indian identity as inscribed on her marriage certificate and her marriage to Richard, a White man, appears to have been more of an endorsement of the tenets of racial purity rather than a validation of White/ Black intermarriage as many have supposed.

Turning back to The Case for Loving, I pick it up and read it again, mentally replacing Cherokee with Rappahannock and holding all this racial politics in my head. It makes a difference.

At this moment, I don't know what it means for this picture book. One could argue that it provides children with an important story about history, but I can also imagine children looking back on it as they grow up and thinking that they were misinformed--not deliberately--but by those twists and turns in racial politics in the United States of America.

Published in 2015 by Arthur A. Levine, I do not recommend The Case for Loving. 

~~~~~

Updates to add relevant items shared by others:

Kara Stewart pointed me to a news story from a Virginia TV station:
Doctor's quest to engineer a 'master race' in the early 1900s still hurting Virginia Indian tribes 

Kara's comment prompted me to search for information on the Racial Integrity Act. I found that the Library of Virginia has a page about it.


Update, March 18, 7:25 PM:
Just saying again---you must get a copy of Coleman's book. In other chapters, she talks about the Pocahontas Exception and how it was written to accommodate "the White elite who said they were descendants of the Indian princess Pocahontas and the English colonist John Rolfe." Here's one excerpt (p. 5):
It shall hereafter be unlawful for any white person in this State to marry any save a white person, or a person with no other admixture of blood than white and American Indian. For the purpose of this act, the term “white person” shall apply only to the person who has no trace whatsoever of any blood other than Caucasian; but persons who have one-sixteenth or less of the blood of the American Indian and have no other non-Caucasic blood shall be deemed to be white persons. 

*Update, March 23, 12:05 PM:
Professor Coleman read my review and noted an error in what I said. I've used the cross-out option to indicate what is wrong and inserted the correct information. Mulatto/Negro were specific to the Jeter name, not to Mildred's Jeter's parents.