Abstract

There is no escaping the fact that law shapes identity. Laws tells us who we are and where we stand in society. While sometimes benign, such classification can also be a devastatingly powerful instrument of ostracism and subjugation. Legally enforced racial segregation sent a cold and harsh message about what the dominant society thought it meant to be black. The recent backlash against affirmative action resurrects degrading stereotypes and sends old messages wrapped in new code words about racial identity. “English-only” laws and attempts to restrict public support for immigrants define targeted groups as “outsiders,” people who do not belong in America. The acceptance of anti-sodomy laws brands homosexuals as deviant And the slow, grudging history of legal recognition of sexual harassment, the defeat of the Equal Rights Amendment, and the persistence of the “reasonable man” standard effaces the distinctive experiences of women in society while subjecting all to measurement against a male norm.