First Writing Assignment Final LAWS1001

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Carleton University *

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1001A

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Law

Date

Jan 9, 2024

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docx

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Uploaded by ChiefDove3742

First Writing Assignment Professor: Umut Özsu LAWS1001F February 21, 2022

In the article titled, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics” by Kimberle Crenshaw, a multitude of issues are presented and analyzed. The article develops through the lens of Black feminist critique and brings up the essential issue that race and gender are treated as separate categories for analysis, when in reality they are not separate and exclusive factors. The main idea that Crenshaw brings up is the concept on intersectionality, the idea of how characteristics ‘intersect’ with one another through the lens of the law. The concept of intersectionality includes not only gender and race, but any factor that can marginalize a person. Firstly, the main issue that Crenshaw presents in the article is the tendency to interpret the law on a single-axis framework. This has consequences because it treats gender, race and other discriminating factors as separate and individual groups of analysis and experience (Crenshaw, 139). As Crenshaw states in her thesis intersectional experiences of an individual are greater than the individual discrimination of racism or sexism. If an analysis does not consider intersectionality as a valid factor for consideration than they cannot accurately recount the ways that Black women are subordinated (Crenshaw, 140). The main focus of this article is on the experiences of Black women and the specific intersectional oppression that they face as both woman and people of colour. Therefore regarding feminist theory and the discussions surrounding antiracist policies specifically relating to Black women and their experiences; the entire legal systems idea of translating policy into ‘Black experience’ or ‘women’s experience’ must be re-evaluated. Crenshaw relates to this issue on a personal level as a black woman in the legal practice who has dealt with this type of oppression firsthand. Crenshaw is passionate about this issue as the single-axis prioritizes privileged members of society thus intern marginalizing those who are

multiply burdened. Crenshaw supports her argument well through the use of trial evidence and precedent setting cases regarding intersectionally marginalized Black women. One specific example from the reading that examines the way the court system interprets and view Black women plaintiffs is the DeGraffenreid v General Motors trial. In this trial five Black women brought up a lawsuit against General Motors claiming that the executive system in power continued fueling past discrimination against Black women within the company. Prior to 1964 G.M. simply did not hire Black women and all of the Black women who were hired after 1970 were fired at once during a lay off of employees. The main issue that Crenshaw examines is the final decision stating that the plaintiffs failed to cite why Black women should be a special class to be protected from discrimination. The district court said they must either claim a suit based on sex discrimination or race discrimination and the notion of combining these two claims into a larger issue is not acceptable. This is a clear example of the erasure of the voices of Black women in the justice system; the fact that the court did not find any evidence shows its failure to acknowledge the specific intersectional nature of the case and the marginalization of Black women. Within this article, like any other scholarly article, opposing viewpoints and counter arguments inevitably arise. There are flaws with the theory of intersectionality because when combining different factors of discrimination, it sets a precedent of labelling and victimizing people of specific groups and thought processes. These types of labels and defining factors of ‘who is more marginalized’ can have a dividing effect on society and with regards to the legal system can set some difficult precedents to follow in the future. In conclusion, intersectional experiences of an individual are greater than the individual discrimination of racism or sexism. If any form of analysis does not consider intersectionality as

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