The Legal Case for Equal & Limited Human Separatism

The Legal Case for Limited Human Segregation

On May 17. 1954, the landmark decision on Brown v. The Board of Education of Topeka declared that racial segregation in schools is unconstitutional based upon the fact that racial discrimination violated the Equal protection clause of the 14th Amendment.  Chief Justice Earl Warren gave the opinion by saying “Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment” (Warren, 1).  This decision overturned the precedent of the earlier case of Plessy v. Ferguson which decided that racial segregation was permitted so long as the accommodations for both races were equal in quality.  

Warren’s opinion on separate facilities for races being inherently unequal stems from the fact that the separation of races during the Jim Crow era, which preceded the Brown decision, was based on the idea that the races were inherently unequal and that separating them enforced that inequality.  This very idea is based on the idea that human beings in general are only different in the variational sense where numerical differences in their faculties and bodily constitution are what only set them apart but that the constitution of the human body in itself is the same among all humans.  

If this idea is indeed correct then racial separation is completely baseless as variational differences are not true differences and so to separate people based on these differences will only serve to place higher values on certain variations of humans such as having a particular skull shape or skin color as is the case with the “Caucasian” and “African” races.   

However if there were to be differences among humans that are the opposite of variation that is to say non-variational differences which ARE differences in the bodily constitution that only occur in a particular group of humans then separating those humans would not enforce racial inequality as bodily differences in animals, including humans, will compel said animals to live separately from each other mostly due to biological incompatibility.  In the case of humans, however, who seem to be biologically compatible with each other, in terms of reproduction; the biological differences between two human groups will instead mix in a form of cooperative association where both differences work together or one difference ends up dominating the other..  Sp even if humans can mix that mixture wouldn't necessarily mean that both humans are biologically the same.  

Even in animals that are separate species but of the same genus; they are unable to create a fertile hybrid when both species mix despite having the same common ancestor or genetic origin   

So segregation based on biological differences among humans would be segregation that is based on protecting or preserving said differences that would otherwise be dominated by other human groups who have their biological differences.  The rule here is that the difference must be non-variable or the difference must not be a difference in quantity, only a difference in function or anatomy.   There can be no middle ground with non-variable differences also so a person that is mixed with both differences will either have to resemble one side of their lineage or the other side depending on which difference they represent the most.  

Segregation is based on variational differences, which is the historical form of racial segregation.  This type of segregation is based on inequality rather than protection and has served to enable racism which placed one group of variationally different humans on a lower class while other variationally different humans were placed on a higher class.  Jim Crow and Apartheid were all based on this form of segregation.  

Based on these facts are there any human groups that actually do differ from each biologically, not variationally?  There are.  

The d, differences in human coloration are non-variable and the reasons for this are as follows.  Most humans are brown-colored in every part of their external anatomy and this brown color is due to a brownish-black pigment called melanin.  Eumelanin translates to "good melanin" because of the many ways this pigment can protect human skin, eyes and hair as well as easily adapt to any environment and climate from warm tropical climates to cold tundra climates.   

Eumelanin, due to its brownish-black color, is also a light absorber which, given that the sun is a significant source of UV radiation, provides a protective layer that keeps UV rays from damaging important organs like the skin.  

This kind of pigment by itself can ensure the stability of human health and survival especially given the vast amount of variation that such a pigment provides which allows for adaptation to any biome on Earth.  

While this kind of coloration is common in humans given the immense benefits it provides there are other kinds of human coloration that are either alternative or unnecessary for human survival compared to eumelanin.  

One of these types of coloration is structural coloration or more specifically Tyndall structural coloration which is described in a cited 1927 paper which explored the mechanism of eye coloration on cats which can evolutionarily also apply to other mammals including humans.  

Mason, C. W. (1924). Blue Eyes. American Journal of Physical Chemistry, 28, 501.   https://archive.org/details/in.ernet.dli.2015.229329/page/n5/mode/2up

This paper describes how after separating the layers that make up the iris in the eyes of dead kittens it was found that the front layer of the iris, called the stroma, was of turbid media where the fibrovascular layer was filled with suspended matter of presumably biochemical origin while the posterior or back layer of the iris consisted of the layer of eumelanin-colored epithelial cells which is also referred to as the uvea.  Hence the organization of the anatomy mimicked the Tyndall Effect where suspended matter within a liquid medium was able to reflect blue light while said med m transmitted yellow light.  

In the case of the eye, the Tyndall Effect occurred as light entered the stroma and was then reflected by the turbid media within the stroma while the transmitted light that wasn't reflected ended up being absorbed by the eumelanin-colored epithelium.   The resulting color of the eye was blue in the presence of light but black when light is dim or absent.  This means that blue eyes provide the same protection from UV radiation as brown eyes but with the ability to reflect some of that light out making that eye color different from brown eyes.  This ability to reflect light is therefore not necessarily needed to protect the eye from UV rays, as pigmentation already does that, but the fact that this kind of eye color still exists among humans shows that this particular eye color must be genetically non-variable as their isn't any quantitative medium between turbid media and eumelanin since these aspects of human anatomy are not compositionally the same and given that a light reflective eye color serves no essential purpose in the health or function of the eye; its evolutionary occurrence, which I based on the formation of variation, can also be ruled out    

Another example of nonessential human coloration is the occurrence of light yellow or blond hair.  Both share the same origin and method of coloration which is the formation of melanocytes within melanocytes which are deposited to nearby cells to provide them with color.  However, the chemical consumption that makes up both pigments is different as shown by this diagram.  

    

      The main difference between the chemical composition of these two kinds of pigments is that black hair lacks cysteine, which contains sulfur, while yellow hair does have it something that is already self-evident as the color of pure sulfur is bright yellow hence why adding it to the chemical composition of, melanin would make yellow hair instead of black in this case.  This is yet another example of human biological non-variability as the biochemical composition of the pigments shares no quantitative medium as well as the fact that yellow hair serves no essential purpose in protecting or ensuring human survival unless yellow hair is considered an alternative to black hair, which also means that its evolutionary occurrence can also be ruled out.  

These evidently non-variable aspects of human coloration can and have been found to remain separate whilst being mixed among people who are considered “racially mixed”.  These “racially mixed” people will either have more in common with one parent of the other, despite this mixture, because such people are not entirely middled genetically as many of these people will either resemble the parent of black coloration more or, more rarely, the parent of nonblack coloration.  

Due to all these evident and self-evident facts, it is clear then that the separation of segregation of peoples and groups of nonblack coloration is segregation based on protection and not on inequality as separating these people from the rest of humanity will protect their genetic integrity from the genetic suppression and domination of those of black coloration which is well known to be genetically dominant in all cases regardless of variation even ones between those of mixed coloration where the parent with more eumelanin has a greater chance to be represented by their offspring than the parent with less melanin. 

This genetic domination is also reinforced by the immigration of those of black coloration regardless of race, nationality, language, religion, or culture.  Either due to high birth rates or intermingling between those of black and nonblack coloration which is all done in the name of diversity and inclusion.  

However real diversity and inclusion are about acknowledging the equality and fairness of all people regardless of their differences as history has shown a legacy of inequality defined by the suppression, domination, and oppression of certain groups of people.   Is it interesting then that while people of nonblack coloration have historically dominated those of black coloration during Jim Crow or Apartheid; those same black persons also seek to genetically suppress and dominate those of nonblack coloration for mostly vengeful reasons.   

So it seems that while people have been dominated by others for social or quantitative reasons people can also be suppressed for genetic reasons and either form of suppression is acceptable if what we wish to achieve is social equality.  

Therefore I propose that in order for humans to truly be equal and not endanger the other’s existence in any way legally or socially; segregation, is limited to those who seek protection from groups that either intentionally or unintentionally seek to dominate or endanger certain groups, should be allowed.as such segregation will not enforce social as limited segregation will still allow the integration of people who are biologically regardless of variation.  

But integration between people will still exist with selective segregation as an option for certain people.  

Allowing unrestricted segregation would result in any kind of segregation to occur whether it's based on inequality prejudice or protection and since most humans are not all different from each other limited segregation seems like the right path to preserve both variable and non-variable different humans without any reasons for these groups to fight for their equality or existence.  

This proposition, therefore, does not violate the Equal Protection Clause of the Fourteenth Amendment which ensures equal protection under the law for all people regardless of difference nor does it challenge the 1964 Civil Rights Act which states that social inequality of any kind is a federal crime & all people should have equal rights in holding employment and education regardless of "racial" or "sexual" differences so no omes civil rights are in danger with this policy of limited segregation.  

So humans can be separate but equal based on this policy and the facts that support it.