Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws

26 Pages Posted: 26 Apr 2005

See all articles by Stephanie M. Wildman

Stephanie M. Wildman

Santa Clara University - School of Law; The Writers Grotto

Abstract

The United States Supreme Court's failure to understand the relationship between individuals and groups in its equal protection jurisprudence has resulted in jurisprudence that makes no sense. The Court's inability to recognize the forms of bias associated with group membership has hampered the realization of the equal protection ideal. Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination. Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the intent requirement currently mandated in cases alleging discrimination. A privilege analysis would ensure that the vision of democratic participation, central to the meaning of the Equal Protection Clause, could become a reality.

Keywords: Discrimination, privilege, fourteenth amendment, equal protection

JEL Classification: J7

Suggested Citation

Wildman, Stephanie M., Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws. Available at SSRN: https://ssrn.com/abstract=706682

Stephanie M. Wildman (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-5440 (Fax)

The Writers Grotto ( email )

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