Why a U.S. Federal Court Ruled That Marvel's X-Men Aren't Humans

Ever since their introduction to the Marvel Universe in 1963, the X-Men have always had to deal with questions about their humanity. While their enemies will stop at nothing to cast them as monsters, the team continues to fight for a world where they are treated just like humans. Of course, that's just a moral on a comic book page; in the real world, it's in Marvel's best financial interest that the X-Men not be considered humans. In fact, they even went to court over it.

According to the podcast Radiolab, the question over the X-Men's heritage began in 1993, when international trade lawyers Sherry Singer and Indie Singh found an interesting provision in a book of federal tariff classifications. It turns out a "doll" can only be a representation of a human being, like a Barbie or Ken doll. A "toy," on the other hand, includes anything else—a robot, monster, demon, etc. Normally this would be nothing more than a technicality, but it turns out there's a marked difference between a doll and a toy when it comes to taxes. When a company imports a doll to sell in the U.S., they are taxed at 12 percent, while toys stand at 6.8 percent. There's no concrete reasoning behind this, but Radiolab speculated that domestic doll manufacturers had something to do with it.

Singer and Singh knew this distinction could be a sizable financial benefit for their client, Marvel Entertainment, who had an ownership stake in ToyBiz at the time. For years, Marvel had been importing its action figures as dolls, despite the fact that the company's cavalcade of brightly colored characters could hardly be classified as human in most cases. The two lawyers went to the U.S. Customs and Border Protection headquarters in Washington, D.C. with a bag full of action figures to try and convince the government that Marvel wasn't importing humanlike dolls, but instead very non-human toys.

The legal battle raged on for a decade, with a judge looking at various Marvel figures (beyond just the X-Men) to decide whether or not individual characters were human or not. Everything from Beast's blue skin to Wolverine's claws and Kraven the Hunter's muscle-bound physique were scrutinized, with lawyers on both sides weighing in on the philosophical ramifications of being human. After all, ToyBiz argued, how can these action figures be human if they have "tentacles, claws, wings, or robotic limbs?"

Official court documents [PDF] from the case are just as surreal, often sounding like overly formal Comic-Con discussions:

"The figure of 'Kingpin' resembles a man in a suit carrying a staff. Nothing in the storyline indicates that Kingpin possesses superhuman powers. Yet, Kingpin is known to have exceedingly great strength (however 'naturally' achieved) and the figure itself has a large and stout body with a disproportionately small head and disproportionately large hands. As it is, the figure is designed to communicate the legendary and freakish nature of the character. Even though 'dolls' can be caricatures of human beings, the court is of the opinion that the freakishness of the figure’s appearance coupled with the fabled 'Spider-Man' storyline to which it belongs does not warrant a finding that the figure represents a human being."

In 2003, Singer and Singh convinced Judge Judith Barzilay that the Marvel characters aren't quite human enough to deserve the taxation of a doll, leading the court to declare, “They are more than (or different than) humans. These fabulous characters use their extraordinary and unnatural physical and psychic powers on the side of either good or evil. The figures’ shapes and features, as well as their costumes and accessories, are designed to communicate such powers."

For the entire Marvel Universe to be catalogued as "non-human" might ring false to some fans, but for X-Men fans in particular, it was downright insulting. Chuck Austen, who was writing Uncanny X-Men when the ruling came down in 2003, said his goal while writing the books was to show the team's humanity, and that mutants were simply "just another strand in the evolutionary chain." Obviously this ruling flies in the face of the themes Marvel spent decades crafting.

Marvel itself had to quell concerns from fans by releasing a statement that read, "Don't fret, Marvel fans, our heroes are living, breathing human beings—but humans who have extraordinary abilities ... A decision that the X-Men figures indeed do have 'nonhuman' characteristics further proves our characters have special, out-of-this world powers."

In the never-ending world of comics, the X-Men will likely always be fighting for their rights to be treated as humans. But in the real world, the decision has already been made.

Movie Fans Want to See Nicolas Cage Play Superman

Ethan Miller, Getty Images
Ethan Miller, Getty Images

Over the course of his near-40-year acting career, Nicolas Cage has played many a memorable—and often unhinged—character, from face-swapping villain Castor Troy in Face/Off to Wild at Heart's Elvis-obsessed Saylor Ripley. But Cage—who won a Best Actor Oscar in 1996 for his unexpectedly subtle and heartbreaking performance in Leaving Las Vegas—may be just as famous for the one character he didn't play: Superman.

The actor formerly known as Nicolas Coppola has never made a secret of his admiration for the Man of Steel. After all, this is a man who named his son Kal-el, the superhero's Kryptonian birth name. He also forked over $150,000 for a near-mint copy of Action Comics No. 1, the 1938 comic featuring Superman's first appearance. (Though he did later sell it for more than $2.1 million, so we can write that one off as a smart investment.) In the mid-1990s, Cage came very close to portraying his real-life hero superhero in Superman Lives, a Tim Burton project that eventually fell apart. (Fortunately, some test footage lives on.)

While Cage did get finally get to voice Superman earlier this year in the animated Teen Titans GO! To the Movies, in the wake of the news that Henry Cavill may or may not be out as Warner Bros.'s newest Superman, Cage's legion of fans are coming out on social media to voice their support of seeing the quirky actor finally get the chance to put on the S-emblazoned suit he was destined to wear.

No word yet from Warner Bros. on whether the 54-year-old National Treasure star could be in contention for the role—if the role is even open.

This Graphic Novel Scratch-Off Chart Lets You Track Your Comic Reading List

Pop Chart Lab
Pop Chart Lab

With so many comic books being adapted into some of the most popular movies and television shows in Hollywood right now, you might find yourself wanting to go back to their roots on the page. But reading through the world’s most celebrated graphic novels isn’t so simple. There are so many different genres, publishers, and styles to choose from, making it overwhelming to find a proper starting point. This new scratch-off poster from the folks at Pop Chart Lab solves that problem by turning that daunting reading list into a colorful piece of home decor.

The chart features illustrated icons from dozens of different graphic novels from all around the world. Though you’ll recognize familiar sights like the bat signal from Frank Miller’s The Dark Knight Returns and Spider Jerusalem from Transmetropolitan, they’ll be colored in a drab grey. Once you gently scratch off that monochrome outer layer, though, you’ll reveal a vibrant new image underneath.

The idea is to scratch off each title as you read through the list to turn the chart into colorful wall art that shows off your progress. And don’t worry, there’s no filler on this chart. Standards like Watchmen, Maus, and A Contract With God share space with recent hits, including the Civil Rights Movement title March, the spellbinding sci-fi world of Saga, and the coming-of-age tale This One Summer.

Pop Chart Lab's Essential Graphic Novels Scratch-Off Chart
Pop Chart Lab

It’s also perfect for fans looking to expand beyond superhero titles, as you’ll only find a handful of men in tights here, with the highlights being Marvels, Batman: Year One, and Batman: The Killing Joke. The rest is made up of samurai epics (Usagi Yojimbo), fantasy classics (Sandman), memoirs (Fun Home), and crime comics (Stray Bullets).

The chart is 12 inches by 16 inches and costs $25 over on the Pop Chart Lab website. Once you pre-order, the pieces will start shipping on August 21.

Pop Chart Lab's Essential Graphic Novels Scratch-Off Chart
Pop Chart Lab

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