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.

Wayfair’s Fourth of July Clearance Sale Takes Up to 60 Percent Off Grills and Outdoor Furniture

Wayfair/Weber
Wayfair/Weber

This Fourth of July, Wayfair is making sure you can turn your backyard into an oasis while keeping your bank account intact with a clearance sale that features savings of up to 60 percent on essentials like chairs, hammocks, games, and grills. Take a look at some of the highlights below.

Outdoor Furniture

Brisbane bench from Wayfair
Brisbane/Wayfair

- Jericho 9-Foot Market Umbrella $92 (Save 15 percent)
- Woodstock Patio Chairs (Set of Two) $310 (Save 54 percent)
- Brisbane Wooden Storage Bench $243 (Save 62 percent)
- Kordell Nine-Piece Rattan Sectional Seating Group with Cushions $1800 (Save 27 percent)
- Nelsonville 12-Piece Multiple Chairs Seating Group $1860 (Save 56 percent)
- Collingswood Three-Piece Seating Group with Cushions $410 (Save 33 percent)

Grills and Accessories

Dyna-Glo electric smoker.
Dyna-Glo/Wayfair

- Spirit® II E-310 Gas Grill $479 (Save 17 percent)
- Portable Three-Burner Propane Gas Grill $104 (Save 20 percent)
- Digital Bluetooth Electric Smoker $224 (Save 25 percent)
- Cuisinart Grilling Tool Set $38 (Save 5 percent)

Outdoor games

American flag cornhole game.
GoSports

- American Flag Cornhole Board $57 (Save 19 percent)
- Giant Four in a Row Game $30 (Save 6 percent)
- Giant Jenga Game $119 (Save 30 percent)

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Christopher Reeve's Superman Cape Can Be Yours—For a Sky-High Price

Christopher Reeve wore a special cape for the flying sequences in the Superman films.
Christopher Reeve wore a special cape for the flying sequences in the Superman films.
Julien's Auctions

There’s been no shortage of memorabilia from the Superman film franchise starring Christopher Reeve, but a new item being offered by Julien’s Auctions could be considered a cut above other film props. It’s a cape worn by Reeve for sequences in the Superman movies, and it could fetch up to $40,000 at auction.

A cape worn by Christopher Reeve in the 'Superman' movies is pictured
Superman's cape has holes in the fabric to accommodate the wire harness.
Julien's Auctions

The cape appeared in 1978’s Superman: The Movie, 1980’s Superman II, and possibly 1983’s Superman III. According to Julien’s Auctions, the trademark red cape was used to film Reeve while he was mounted on a wire harness, for both blue screen and front projection work, to make it appear as though he was flying. Slits in the fabric accommodated the wires. There are also pockets at the bottom of the cape so rods could be inserted to make it seem as though it were flapping in the air.

The auction is currently taking bids and runs through July 17. Julien’s Auctions estimates the cape could sell for between $20,000 and $40,000. The auction house is also offering a space suit from 1968’s 2001: A Space Odyssey ($200,000 to $300,000), a Pontiac Firebird Trans Am used for appearances as KITT from Knight Rider ($100,000 to $200,000), and hazmat suits worn by Bryan Cranston and Aaron Paul in Breaking Bad ($500 to $2000).