REFERENCE: Crenshaw, K. (1989). Demarginalizing
the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination
Doctrine, Feminist Theory, and Antiracist Politics. The University of Chicago Legal Forum, 140, 57-80.
Crenshaw’s article works as a
continuation and extension of the ideas I previously discussed. I found her
article especially interesting as an argument for the consideration of
intersectionality in social and political doctrine because she used specific
examples of court cases where the court failed to acknowledge intersections of
race and gender in Black women’s discrimination claims. She also creates many
interesting analogies that makes her argument all the more captivating and
interesting: they were so creative that at points, I forgot I was reading an
academic paper. Even though I didn’t include it in my notes, I also liked how
she incorporated a personal example from her own experiences as a Black woman.
In a nutshell, she had been invited to this prestigious men’s club by a Black
male friend. It hadn’t been until somewhat recently that Black men had been
allowed in the club. When her and her two male Black friends reached the club,
she was told that she had to sneak in through the back because women were not
permitted inside. This example shows just how complicated the lives of Black
women are: when one challenge is overcome, another one is put in their way. She
was not discriminated based on her race as she admits she would have thought
was going to happen, but instead was discriminated against as a result of her
gender. Crenshaw’s example shows how Black women have to deal with many
different levels of discrimination: gender, race, and a mixture of the two. The
difficult part, as I discuss later in this post, is determining what the
discrimination can be classified as. Is it an issue that affects all women,
both Black and white? Is it an issue that affects all Black people, including
men? Or is it an issue that specifically pertains to Black women?
That is the challenge.
Anyway. Now that I’ve told you a bit
about what this article has to offer, I leave you with my notes:
“I want to suggest further that this
single-axis framework erases Black women In the conceptualization,
identification and remediation of race and sex dis crimination by limiting
inquiry to the experiences of otherwise-privileged members of the group” (57)
Just as discussed previously, Black women are often
erased from research concerning gender (a large majority of feminist research
centers on white women) as well as race (while I can’t say I know from my own
research, Crenshaw suggests that the experiences of Black men are privileged in
academic circles).
“This focus on the most privileged group
members marginalizes those who are multiply-burdened and obscures claims that
cannot be understood as resulting from discrete sources of discrimination” (57)
“‘The plaintiffs are clearly entitled to a
remedy if they have been discriminated against. However they should not be
allowed to combine statutory remedies to create a new super-remedy’ which would
give them relief beyond what the drafters of the relevant statutes intended.
Thus, this lawsuit must be examined to see if it states a cause of action for
race discrimination, sex discrimination, or alternatively either, but not a
combination of both’” (59)
This statement from the court in the
DeGraffenreid v General Motors case makes me so angry! Especially after reading
Mackinnon’s article, the idiocy of this statement is even more apparent. Just
because white women and Black men were apparently not discriminated against
does not mean that you can throw the discrimination against Black women out the
window! I’m honestly shocked. Discrimination is discrimination. This might
sound a little far-fetched, but what if there was a serial killer who went
around specifically targeting disabled Asian women? How could you POSSIBLY look
at a case like that as just an attack on women, Asians, or disabled people
separately?
“The court’s refusal in DeGraffenreid to
acknowledge that Black women encounter combined race and sex discrimination
implies that the boundaries of sex and race discrimination doctrine are defined
respectively by white women’s and Black men’s experiences. Under this view,
Black women are protected only to the extent that their experiences coincide
with those of either of the two groups” (59)
“The court’s preferred articulation of ‘against
females’ is not necessarily more inclusive—it just appears to be so because the
racial contours of the claim are not specified” (60)
This was really interesting to me. The
assumption tends to be that talking about female oppression and other feminist
issues is an inclusive practice because other intersections like race are not
being assigned (feminism is not just for white women, it is for all women…that
sort of thing). Crenshaw, however, is making a point for the adverse being
true. Just because the court in the case of Moore v Hughes Helicopters did not
attach race to the claim does not mean that Black women and other minority
groups are being included. It’s actually often more exclusive to talk about
“all women” and make generalizations about the female experience because often
these claims are made with white women in mind (which I’m probably guilty of!).
“For white women…there is no need to
specify discrimination as white females
because their race does not contribute to the disadvantage for which they seek
redress” (60)
“In one such case, Payne v Travenol, two
Black female plaintiffs alleging race discrimination brought a class action
Suit on behalf of all Black employees at a pharmaceutical plant. The court
refused, however, to allow the plaintiffs to represent Black males and granted
the defendant’s request to narrow the class to Black women only” (62)
It seems to me that Black women just
can’t win. In this example, the courts decided that the Black female plaintiffs
could not represent Black males and made their claim geared toward Black women
only. Even though these women ended up being somewhat successful once the class
was narrowed (I say somewhat because their original intention to represent all
Black people in the company failed), this example when compared to the other
cases makes this situation even more problematic. When Black women make a
discrimination claim, they have to be careful in how they approach the matter:
are they representing women, the Black community, or Black women? Because there
seems to be a big discrepancy across these court rulings in terms of how they
are choosing to address these issues. Crenshaw comments on this discrepancy
shortly after the above comment:
“Even though Travenol was a partial
victory for Black women, the case specifically illustrates how
antidiscrimination doctrine generally creates a dilemma for Black women. It
forces them to choose between specifically articulating the intersectional
aspects of their subordination, thereby risking their ability to represent
Black men, or ignoring intersectionality in order to state a claim that would
not lead to the exclusion of Black men” (62)
“Black women sometimes experience
discrimination in ways similar to white women’s experiences; sometimes they
share very similar experiences with Black men. Yet often they experience
double-discrimination—the combined effects of practices which discriminate on
the basis of race, and on the basis of sex. And sometimes, they experience
discrimination as Black women—not the sum of race and sex discrimination, but
as Black women” (63-64)
When it comes to legal matters, courts
need to be really careful in how they treat discrimination claims. The
consideration of intersectionality is paramount in these situations. Courts
need to be careful in figuring out if these claims have to do with gender as a
whole, race, or a combination of the two. But they absolutely cannot be
dismissive of Black women as their own unique group with their own unique
issues separate from white women and Black men. It’s a difficult balance and
the solution to this problem is certainly not obvious, but all I can say is
that an ignorance of the impact of intersections will get these double
(sometimes even triple or more) minority groups into serious trouble.
Especially in the DeGraffenreid v General Motors case, courts cannot just
completely dismiss Black women on the grounds that the discrimination claim has
to be “one or the other”…an issue of race, or an issue of gender. It’s
completely ridiculous. The only thing I’m still sort of grappling with,
however, is when the court dismissed Black women from representing the total
Black population in the workforce, as their claim could only apply to Black
women specifically. Is this the right thing to do? It seems to me that there
needs to be extremely careful assessment of these cases to determine all of the
details to what the discrimination involves. I think it might be a little
ignorant also to assume that Black women cannot represent Black men in certain
situations, but it all depends on the specifics of the case.
“According to the dominant view, a
discriminator treats all people within a race or sex category similarly. Any
significant experiential or statistical variation within this group suggests
either that the group is not being discriminated against or that conflicting
interests exist which defeat any attempts to bring a common claim” (64)
So let me get this straight. What
Crenshaw is trying to say here is that in order for there to be
“discrimination,” all members of a specific class, race, gender, etc. need to
be treated with the same discrimination. This is so incredibly stupid to me,
especially in this day and age! Sure, the article was written in 1989…but
still! If I was a manager somewhere and I was specifically racist/sexist to
Black women, not to black men or white women, then I would not be reprimanded
because I’m still treating the Black men and the white women well? Does that
make any sense to anyone?! I’m still discriminating against a group of people!
Just because it’s a more specific group of people does not mean that it is not
discrimination!
“…the paradigm of sex discrimination
tends to be based on the experiences of white women; the model of race
discrimination tends to be based on the experiences of the most privileged
Blacks. Notions of what constitutes race and sex discrimination are, as a result,
narrowly tailored to embrace only a small set of circumstances, none of which
include discrimination against Black women” (65)
“Because the scope of antidiscrimination
law is so limited, sex and race discrimination have come to be defined in terms
of the experiences of those who are privileged ‘but for’ their racial or sexual
characteristics” (64-65)
It took a bit of thought and further
reading to understand this “but for” concept, but once I did I thought it was
so interesting. Crenshaw is explaining how antidiscrimination doctrine is often
centered upon this notion that certain groups “but for” their race or “but for”
their gender would be otherwise treated equally. As a white woman, I would fall
into this category: “but for” my gender, I would be a part of the dominant
society. This “but for” concept, however, is not open to multiple oppressions.
It leaves room for one or the other, gender, race, ability, age, etc., but not
for a combination. So as a result, Black women are typically left behind, or
forced to choose if “but for” their gender, OR “but for” their race, they would
be treated equally. But of course, they cannot make that choice, which
underlines the biggest issue with antidiscrimination doctrine. Ironically,
antidiscrimination doctrine discriminates against the inclusion of other
combined intersections in the identity of a person with regards to their legal
and social protection. My eyes are rolling out of my head right now at the
idiocy of this.
“When feminist theory and politics that
claim to reflect women’s experience and women’s aspirations do not include or
speak to Black women, Black women must ask: ‘Ain’t We Women?’ If this is so,
how can the claims that ‘women are,’ ‘women believe’ and ‘women need’ be made
when such claims are inapplicable or unresponsive to the needs, interests and
experiences of Black women?” (67)
I feel so guilty right now! This whole
time I’ve been writing specifically about and for white women, never stopping
once to consider other groups. It’s just so difficult being a white woman
myself: a lot of what I do comes from personal experience. And it’s doubly
difficult considering my geographical location: I could count on one hand how
many Black students were in my high school. I can’t really speak for all of the
Niagara Region, but Niagara Falls is certainly predominantly made up of white
people. I think this is even more reason for why I need to move away and
experience other places. I’ve been living in this bubble for so long: aside
from a few girls I’ve met here or there, at soccer and in a seminar or two, all
of my friends are white. It’s time to branch out and learn about other people!
“Feminists thus ignore how their own
race functions to mitigate some aspects of sexism and, moreover, how it often
privileges them over and contributes to the domination of other women. Consequently,
feminist theory remains white, and
its potential to broaden and deepen its analysis by addressing non-privileged
women remains unrealized” (67)
“Statements such as ‘men and women are
taught to see men as independent, capable, powerful; men and women are taught
to see women as dependent, limited in abilities, and passive,’ are common
within this literature. But this ‘observation’ overlooks the anomalies created
by crosscurrents of racism and sexism. Black men and women live in a society
that creates sex-based norms and expectations which racism operates
simultaneously to deny; Black men are not viewed as powerful, nor are Black
women seen as passive” (67)
This is so important! And once again, I
feel extremely guilty because the ideas I’ve developed around feminism are very
similar to those mentioned here. But Crenshaw is right! Black women and men do
not carry the same social discourses as white women and men. At the same time
though, I want to know: if I was to write a paper about my own experiences, to
avoid generalizing would I have to write specifically to white women? I feel
like if I did this, it would seem racist! I could include other races as well,
but being a white woman is it really my place to write about Black women? My
hands are tied here it seems…
“Rape statutes generally do not reflect male control over female sexuality, but white
male regulation of white female
sexuality. Historically, there has been absolutely no institutional effort to
regulate Black female chastity. Courts in some states had gone so far as to
instruct juries that, unlike white women, Black women were not presumed .to be
chaste” (68)
I’m honestly sickened! I know Crenshaw
is talking about this in an historical context, but it’s still difficult to
read…Black women are assumed to be chaste, but white women are? Where did that
even come from?!
“Although patriarchy clearly operates
within the Black community, presenting yet another source of domination to
which Black women are vulnerable, the racial context in which Black women find
themselves makes the creation of a political consciousness that Is oppositional
to Black men difficult” (70)
I honestly would have never thought of
this. What I think Crenshaw is saying here is that Black women find it more
difficult to oppose the patriarchy of Black men as a result of Black racial
oppression in general. Since Black men are already oppressed, challenging their
patriarchal dominance over Black women is a lot harder than it is for white
women to challenge white men. Because white men are the most dominant members
of society, white women can challenge their patriarchal rule without fear of
backlash. But this is of course not the case for Black women opposing Black
men.
“The controversy over the movie The
Color Purple is illustrative. The animating fear behind much of the publicized
protest was that by portraying domestic abuse in a Black family, the movie
confirmed the negative stereotypes of Black men” (71)
My mind is being blown right out of my
skull right now. I always knew that Black women faced social problems doubly
more difficult and complicated than white women and Black men, but I never
thought about all of the many dimensions of these problems. It is problematic
for a Black woman to protest the dominance and/or abuse of Black men because it
is seen as a reinforcement of racial stereotypes! I’ve found that when people
think of the Black community in general, and the negative stereotypes that are
often associated, it tends to be focused around Black men. Black women are
forgotten! What’s even worse is that these negative stereotypes surrounding the
Black community that are more often than not targeted towards men are assigned
to the population as a whole. Black women are not included in the equation.








