From Identity Politics to Ideology Politics

58 Pages Posted: 8 May 2009

See all articles by Jessica Knouse

Jessica Knouse

University of Toledo - College of Law

Abstract

"From Identity Politics to Ideology Politics" begins by arguing that “identity politics” – i.e., activism by identity groups such as African Americans, women, gays, etc. – can be harmful. By using identity as a proxy for ideology, identity politics makes incorrect presumptions. It presumes, for example, that all African Americans favor affirmative action, all women are pro-choice, and all gays favor same-sex marriage. Such presumptions chill individual autonomy and distort public forum debate. Despite these harms, identity politics is supported and even encouraged by the Supreme Court’s equal protection doctrine. Identity groups are, indeed, the structuring concept behind the doctrine’s “suspect classes” and “suspect classifications.” The article therefore argues for an abandonment of the existing doctrine, based on critiques from pragmatism, structuralism, and originalism, and the introduction of a new doctrine that would usher in a new regime of “ideology politics.” Ideology politics, by allowing individuals to independently affiliate with both identity and ideology groups, would increase individual autonomy and improve public forum debate.

Keywords: Constitutional Law, Equal Protection, Identity Politics, Individual Liberty, Democratic Debate

Suggested Citation

Knouse, Jessica, From Identity Politics to Ideology Politics. Utah Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2010-01, Available at SSRN: https://ssrn.com/abstract=1367642

Jessica Knouse (Contact Author)

University of Toledo - College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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