Critically discuss the contribution an intersectional analysis can make to
feminist legal theory and/or activism.
In order for feminism to truly achieve equality and dismantle the patriarchy, all
women must be included and treated equally. Applying an intersectional approach to
feminist legal theory and activism can help us progress in this fight for liberation. The
Oxford Dictionary states that intersectionality is the “interconnected nature of social
categorisations,”1 for example “race, class and gender, 2 which creates an
“overlapping and independent system of discrimination of disadvantage.” 3 First
introduced by Kimberly Crenshaw, there has been much discussion surrounding
intersectionality and the positive (or negative, according to some) impact it may have
on the feminist movement. American sociologist and political scientist Leslie McCall
claims intersectionality is “the most important theoretical contribution that women’s
studies has made so far.”4
There are many ways to look at intersectionality. This essay will first discuss
ways in which mainstream feminism and its lack of inclusivity and intersectionality
has resulted in groups of women being left out of the movement in the past. This
discussion will mostly focus on ethnic minority groups. Next, it will analyse how an
intersectional approach may help women fight oppression through the legal system,
highlighting cases where the law has failed them. The essay will then argue that for
feminist activism to be legitimate, effective and respectable, all women must be
included. This idea will focus on how transgender and disabled women have been
historically left out of the feminist movement. Lastly, the essay will discuss criticisms
of intersectionality.
1
'Intersectionality, N. : Oxford English Dictionary' (Oed.com, 2021)
2
Ibid.
3
Ibid.
4
Leslie McCall, 'The Complexity Of Intersectionality' (2005) 30 The University of Chicago Press
Journals.
, How mainstream feminism has left out groups of women from its fight against
oppression due to the lack of intersectional analysis.
All women must be included in the feminist movement in order to bring about real
change. To do this, we must recognize all the factors contributing to different
women’s mistreatment. Intersectionality acknowledges that not everyone has the
same experience when it comes to discrimination or oppression – and that everyone
experiences these uniquely.5 It allows all the different categories of the mistreatment
of women to be read simultaneously.6
Overall, feminism hasn’t been great at including minorities in its fight for
liberation. This is often because mainstream feminism believes that “a unitary,
‘essential’ women’s experience”7 can be isolated and separated from their class,
race, sexual orientation, and other factors. This is discussed by philosopher
Elizabeth Spelman in her book Inessential Woman. Feminist theory has been
unable, or arguably even unwilling, to tackle the issue and complexity of having
multiple categories of identity.8 Spelman argues that we can’t separate a woman’s
‘womaness’ from whether she is lower class, upper class, white or part of an ethnic
minority group, disabled, queer, cis, trans or heterosexual, or whether she is from the
20th century or the 15th.9 The lack of understanding of the complexity of identity and
‘womaness’ can be clearly seen in first-wave feminism, which was primarily led by
middle-class white women.10 Women fighting for the right to vote often didn’t
consider (or sadly, did not care about) the fact that factors other than sexism were in
play against women’s rights. In fact, Susan B. Anthony and some other white
feminists even demanded that women receive the right to vote before Black people
did, directly contributing to Black women’s oppression. 11 When the women’s right to
vote was granted in the United States, there weren’t racial restrictions on voting. 12
5
Bridie Taylor, 'Intersectionality 101: What Is It And Why Is It Important?' (Womankind Worldwide,
2021)
6
The Anthology, 'How Can An Intersectional Analysis Contribute To Feminist Legal Theory And
Activism?' (The Law Review Anthology, 2021)
7
Angela P. Harris, Race And Essentialism In Feminist Legal Theory (1990).
8
Elizabeth V Spelman, Inessential Woman (Beacon Press 2002).
9
Ibid.
10
'First-Wave Feminism - Wikipedia' (En.wikipedia.org, 2021)
11
Tamela Gordon, 'Why I’M Giving Up On Intersectional Feminism' (Quartz, 2021)
<https://qz.com/quartzy/1265902/why-im-giving-up-on-intersectional-feminism/> accessed 14
April 2021.
12
Marilyn Jeunesse, 'The 19Th Amendment Only Really Helped White Women' (Teen Vogue, 2021)
