
Catherine MacKinnon. Courtesy of soapboxinc.
It was 4:30 in Rockefeller 3 on October 6 and I was about to listen to one of the most-widely cited English-language legal scholars.
Catharine MacKinnon strikes an authoritative figure not only in the lecture room but also in the realm of women’s rights. From representing Bosnian women who survived atrocities during the Serbian genocide to pushing the Supreme Court of Canada to recognize pornography as a civil rights violation, Mackinnon specializes in sex equality with international and constitutional law.
Before MacKinnon got up to the pulpit, she seemed older, frailer, but once she spoke into the microphone, it was as if the legitimacy of her cause filled her with a new fiery passion. I think everyone in the audience could feel the urgency of the message of her lecture, “Women’s Status, Male States.”
With a B.A. from Smith College and a J.D. and a Ph.D. from Yale, MacKinnon was ably equipped to launch into a technical speech on the legality of sexual inequality and rape. Yet she approached the topic with the wit, eloquence and grace of a seasoned teacher. Not surprisingly, she has taught at esteemed universities all over the world, including Harvard, Stanford, Basel in Switzerland, Columbia, and the University of Chicago.
I came into Rocky 3 unsure of what I was going to hear, but that uncertainty was short-lived. MacKinnon shocked her audience early on: the state is a male institution, socially and politically built to enhance male dominance. Really? What makes a state “male?” MacKinnon defines “male” as structures of society based on the ideology of male superiority. Within the male state are “male” politics that write the laws of the male state.
Initially, I could not believe that the United States was male state. Yet, according to MacKinnon, compared to the transnational community, the United States is very much a male state. MacKinnon explained that the United States refuses to follow the European example and decriminalize prostitution. This sounds extreme, but decriminalizing prostitution would allow sex workers to get the healthcare and benefits they so desperately need while the police go after the real monsters: the johns, and the pimps. The United States would probably be even more of a male state if it weren’t for the international community.
I learned that Africa holds the gold standard for women rights policy, with South America winning silver. Really? How could the United States be so far behind?
MacKinnon went on, sharpening her point on the dull whetstone of our hearts. The United States has a democratic deficit. We are so busy exporting democratic ideals to the rest of the world, we neglect our own needs for democracy. We believe we are as democratic as it’s ever going to get, and yet the glass ceiling still exists for women. We have not yet experienced what many nations in Africa and South America have already experienced: a death of state, or rather the death of our male state to the hands of globalization. Our efforts to better the world haven’t yet hit home.
“Don’t women identify more with their nationality than their gender?” MacKinnon threw out to her audience. Isn’t she right? Is this some sort of ingrained misogyny that women perpetrate—an inner misogyny that contributes to society’s systematic misogyny? A hate of women that’s cyclical, branding women with certain undesirable characteristics such as a limited education, and then hating them for not being smart enough? Of course it is.
Within the hierarchy of rights that concern Americans, women’s rights probably come in dead last. Women’s rights is just one of the many “group” rights, as in minority group rights, at the bottom of the food chain. This minority status still holds even when women make up half of the world’s population. Next on the hierarchy comes economic and civil rights and finally the all encompassing political rights that enable leaders, mostly men, to have the right to rule.
If war is male, and peace is female, it is no surprise that in war, the combatants are predominantly male and the civilians are the “women and children” with a smattering of non-combatant men. During war, there is always rape. It’s a weapon used almost exclusively
on women. It’s a war policy on par with murder. Yet, rape isn’t just a war crime, it’s gender inequality.In August 2000, MacKinnon won $745 million in a damage award for Kadic v. Karadzic, a case that finally recognized rape as act of genocide in the eyes of international law.
Why does international law work better than national law in addressing women’s rights? The answer for MacKinnon is simple: it’s a matter of distance. She introduced this comparison—think of a nation as a home. A nation is sovereign, with its own laws, and its own dignity. A home is also sovereign, with its own laws and its own dignity. These laws are usually laid down by the head of the household, usually a male. In the old days, the head of a household was called a sovereign, so this comparison makes a lot of sense.
The home is the most powerful realm of men, and it becomes a place of constant and unhindered violation for the female. The home is sovereign, and the female must abide by the rules of her home. She can only seek help by going outside the home and appealing to an objective male. A male can only be objective in dealing with the situation when he is far enough away from the sovereign to see reality and put an end to the violation of the female. The same principle works for sovereign nations.
Such a sad world we live in when it takes a distant male (or female) to point out another male’s wrong. What’s stopping the locals from stepping in and saving the violated female? Well, for one thing, as much we’d like to term sexual abuse as “domestic abuse,” sexual abuse is anything but private. MacKinnon asserts each “privately” abused female adds to the public dominance of males in male politics. What is male politics? It is a system that tries to place a curtain between private and public, rewards domination, defines power as coercion, and values consent extracted from coercion. Male politics dictates not only how men treat women but how men treat and categorize other men.
MacKinnon acknowledges that male politics exists in transnational politics as well. Male politics reduces the effect of international law when it comes to recognizing and prosecuting gender inequality. The international community is ready to mitigate punishment for gender inequality based on different cultural norms, but MacKinnon insists that this is a bad policy. Not interpreting gender inequality through an objective international standard hands justice back over to the subjective, sovereign nation and its subjective sovereign males. Should “cultural differences”really cover genital mutilation masquerading as female circumcision or the Taliban throwing acid in the faces of girls who want to go to school? In the arena of world politics and morality, those who define women’s rights should not tolerate such cultural aberrations, such atrocities.
International law also has trouble calling a spade a spade. MacKinnon attests that the laws on human trafficking, the drug trade and crime in general are very strict and straightforward, but once someone yells “inequality” the laws become very murky and ineffective. “Call it inequality and you can’t do anything,”MacKinnon said, “Call it inequality, and you challenge the status quo.”
It is not inequality itself that the global community has an issue with, but gender inequality. MacKinnon gives the example of the law’s approach to racial inequality as compared to the worldview on gender equality. The international community realizes that racism is a lie, that racism is inaccurate, that racism isn’t grounded in reality. Racial equality is clear-cut, it’s self-explanatory, and it’s not supposed to be culturally relative but gender equality is not a reality, a fact, or even a moral issue for international law. It’s murky, it’s culturally relative and it’s only a “good idea.”
MacKinnon ended her lecture by sending that arrow thudding into our hearts. It was only through the question and answer session did I learn how humanity might move towards solving these discrepancies. For example, are America’s forays into foreign gender inequality simply hollow protectionism only to be seen in the light of military interests? One audience member wanted to know whether America only taking notice of the Taliban’s abuses of women during the War in Afghanistan was morally unsound. I was surprised by the MacKinnon’s confident response. Her view was that America’s opportunistic paternalism was better than nothing. MacKinnon would rather see women’s rights used as pawn in the public relations war to justify occupation, than see women’s rights not addressed at all.
On why the U.S. still has problem with gender inequality,MacKinnon also had a unique point of view. In response to my private question on whether it was male complacency or female complacency that was holding back women’s rights, she replied that there is complacency in both camps, but while elite women in the political or legal spheres concern themselves with the rights of women abroad, they neglect the rights of women at home. “Why is that?” I asked. There is a communication failure between elite women and ordinary women. The women in the position to do something fail to relate to the women they are supposed
to be representing. Gender inequality is tied to class distinctions.
Finally, if we’ve defined male politics and the male state, what is female politics? What would it take to establish a female state? This was the question I raised my hand to ask, and MacKinnon’s answer
was that there was no female state defined as one with a brand new set of grandiose, utopian rules. Female politics redresses errors of male politics. Establishing a female state is the slow progression from the male state to equality. “What is equality?” asked someone else. “Why, equality is the absence of inequality,” quipped MacKinnon, which drew chuckles from the crowd. What is inequality? Inequality is distinction based on attributes. And gender inequality is what MacKinnon has spent her entire career trying to eradicate.