Interesting legal arguments.  I would also argue that culture and identity are artificial constructs and are not an inherent part of race (I also believe that race is an artificial construct invented to identify groups with common physical traits based on geography) .  Cultural is very fluid and changes even within homogeneous groups of people.  This is often seen by the fact that immigrant groups try to maintain their culture, but on returning to their home county after decades of living abroad have found that the norms and culture of the home country have changed and they are seen to be conservative or old fashioned.
Identity is exactly the same.  My identity has nothing to do with my heritage.  I consider myself a Canadian and not a hyphenated Canadian.