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Covering by Kenji Yoshino

 

 

Covering
The Hidden Assault on Our Civil Rights


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In this remarkable and elegant work, acclaimed NYU law professor Kenji Yoshino fuses legal manifesto and poetic memoir to call for a redefinition of civil rights in our law and culture.

Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.


Against that conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity.

At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity -- a desire that brings us together rather than driving us apart.

Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future.

Winner of the 2007 Randy Shilts Award for Gay Non-Fiction

Seldom has a work of such careful intellectual rigor and fairness been so deeply touching. Yoshino... masterfully melds autobiography and legal scholarship, marking a move from more traditional pleas for civil equality to a case for individual autonomy in identity politics... As healing as it is polemical, this book has tremendous potential as a touchstone in the struggle for universal human dignity.
Publishers Weekly (starred review)

January 2006
Published by Random House
Hardcover / 304 pages
ISBN 0375508201

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