Building on Crenshaw’s analysis, do you think securing racial justice is centered on ensuring equal access to institutions? Or does it depend on developing new and more equitable institutions with Black, Indigenous, and other Peoples of Color taking the lead? Or do you think there is a combination of both options?
According to MacKinnon & Crenshaw (2019), racial and gender inequality is a critical and persistent problem in American society. While the U.S constitution ostensibly upholds the freedoms and rights of all citizens, it is surprising how unfairness towards particular social groups has remains resilient in a society perceived as a model democracy. The most prominent reason for this situation is that racism and gender inequality are deeply embedded in U.S. history as a result of unequal race and gender relations. Such relations included the enslavement of Black people and the unending male domination in American society. Notably, the concept of liberty that was actualized upon independence did not incorporate the rights, freedom, and equality of all members of the society.
From a personal standpoint, equal access to institutions alone is not a practical approach towards ending racial inequality because they the same institutions that formerly orchestrated and tolerated social injustices like slavery and segregation against certain quarters of the American society. Even after slavery was abolished and every citizen was accorded freedom and liberty as per the 14th Amendment, there is still an evident trend of continuous race and gender discrimination. For instance, one can only question the true purpose of the “discriminatory intent” clause. In my view, this provision was meant to preserve discrimination but rather in subtle form since if it played out explicitly; it would contravene the constitution.
By examining Washington v. Davis, case, it is unclear how the court established that there was no discrimination simply because there was no proof that it was intentional. The court’s decision was an underhand move to excuse discrimination since there was no framework upon which it could be proven as intentional or nonintentional (MacKinnon & Crenshaw, 2019). Besides the abovementioned case, inequality is evident only in the racial dimension. Analyzing John Adam’s letter to his wife (Abigail), one recognizes that male domination existed long before the country gained independence. Much later, the case concerning the Personnel Administrator of Massachusetts vs. Feeny confirms that social institutions were inherently preserving inequality even after independence by maintaining discriminatory practices against women. In my view, it does not seem unintentional as to how the department preferred to hire veterans while willingly knowing that women were underrepresented in the military. Notably, this case is another subtle discrimination cleverly blended into conventional processes to appear normal.
Apart from the “intent” clause, there are numerous dimensions in which women in American society have been subjugated, marginalized, and oppressed due to male dominance. For instance, the family has been the most significant construct established to keep women under male control regardless of their role within such a context. Even when women’s rights are violated through vices such as sexual assault and physical violence, the constitutional provisions meant to curb such ills have been unable and defunct in dealing with such issues. Much worse, pregnancy was discriminatively employed against women in employment until not so long ago, when it was officially recognized as sex-based discrimination. Additionally, women (except for the elite minority) are still marginalized in employment, with most earning a comparably lower income than men in similar or much less low positions. Although this problem cuts across racial lines, it is critical to note that women of color are mostly affected due to the intersectionality between race and gender issues (MacKinnon & Crenshaw, 2019). Even in politics, most issues concerning women are not prioritized or perceived as critical to the same degree as those affecting men.
In addition to the abovementioned matters, it is critical to note that inequality still exists in other domains. For instance, American society is systemically hierarchical, with the white community exerting significant control across all institutions. As much as most people (especially whites) would disagree, there is overwhelming evidence that White privilege is still alive and well in the United States. Even after independence and slavery, Blacks remain a target to the systemically racialist criminal justice system. Over the years and presently, young male African Americans make up the most significant portion of the prison population, and in most cases, they serve longer sentences than their White counterparts convicted of similar offenses. Even though poverty contributes much to the mass incarceration of Blacks, it is clear that the system’s neglect of the Black community is the main issue. Typically, African Americans have limited access to public resources like housing, healthcare, and education, even though the law promotes equitable distribution of these amenities amongst all citizens regardless of race or ethnic variation. In addition to inexplicit racism, such marginalization has created the wealth disparity between Whites and the minority communities.
Although the plight of the Black community features throughout U.S history, there is seemingly little consideration given to the adversities endured by indigenous American communities whose lives entirely changed for the worse due to historical injustices meted out by the U.S government. Such adversities include land alienation, forced assimilation, and other human rights violations (MacKinnon & Crenshaw, 2019). Alternatively, like the Black community to criminality, the strained border between the United States and her neighbors to the south has created and maintained a pessimistic stereotype concerning immigrants. In this state of affairs, immigrants of color and their families are highly vulnerable to victimization by the racist U.S. immigration system.
Beyond the racial and gender dimensions, male dominance determines if particular sexual orientations are acceptable or outlawed. As one of the world’s liberal societies, the United States has long legalized and protected the rights and freedoms of the gender non-conforming population. Despite that the U.S constitution prohibits discrimination based on sex through the Civil Rights Act of 1964; it does not directly cover sexual orientation. In light of this constitutional loophole, the LGBTQ community remains highly at risk of abuse, violence, and victimization by the larger heterosexual community (MacKinnon & Crenshaw, 2019). In my view, it is surprising that during this age and time, members of the LGBTQ community can only rely on lawyers and affiliate organizations to seek justice when they face discrimination at work, in the community, or within other contexts. This aspect also casts a negative light on how the struggle for equality and justice in U.S. society is incredibly divided. One can only wonder whether there will be particular laws protecting the LGBTQ community that are as strict as those concerning violence and sexual assault against women and other vulnerable social groups.
In light of the instances discussed in this paper and per MacKinnon & Crenshaw’s (2019) analysis, there is sufficient proof that, individually and collectively, past and current institutions have frustrated the efforts to realize equality and justice in America. The main reason is that the same institutions are rooted in systemic racialism and male dominance. In this sense, and as MacKinnon & Crenshaw (2019) suggest, there is a need for urgent reorganization of the whole system to eradicate the socially constructed hierarchy that has continuously favored some quarters to the detriment of others. In my view, developing more equitable institutions headed by Blacks and other marginalized groups would only lead to further division and chaos in American society. Despite the long-suffering and humiliation that Blacks, natives, immigrants, women, and the LGBTQ have endured throughout the years, only equitable distribution of resources and equal protection under the law can solve the problem permanently. In this sense, it is imperative to combine equal access to institutions and increase the participation of Blacks, Indigenous, and other people of color in running the institutions.
Reference
MacKinnon, C. A., & Crenshaw, K. W. (2019). Reconstituting the Future: An Equality Amendment.
