
The recent announcement of Sandra Day O'Connor's retirement from the United States Supreme Court is fraught with tension particularly regarding women's rights and, though less so, gay and minority rights. Ms. O'Connor's widely circulated comment – "I am disappointed, in a sense, to see the percentage of women on our court drop by 50 percent" – has been seized by activists alarmed that even the justice herself is uncomfortable that her nominated replacement, John Roberts, is not an XX chromosome human being. Though Ms. O'Connor puts full confidence in Mr. Robert's judicial aptitude, her lamenting supporters wish that President Bush presented a more estrogen-rich litigator.
Odd, don't you think?
I've already examined the problem of male/female equality in "A Fifty-Million Dollar Apology For Simple Math." There I presented a rather curious logical impasse: Harvard President Lawrence Summers' provocative suggestion that men and women are intrinsically different was greeted with umbrage by those who talk about equality and yet insist that women are not equal to men. If you've not read it, I recommend it to you. I suspect that you might find it somewhat provocative in its own right.
What is odd, is not that Ms. O'Connor should be disappointed. Nor is it odd that activists have used her remarks. That sort of thing is to be expected, and would be odd if Ms. O'Connor or her supporters expressed no emotion at all. But what is odd is that no one knows, other than Ms. O' Connor, what she means by her remarks. For she does not say why she's disappointed, and no one has seemed to ask. She's just "disappointed, in a sense." What does that mean?
Does it mean that she believes President Bush prefers men? Who knows!? Does it mean that she thinks Bush is misogynistic or sexist or repressive? Who knows!? Does it mean that there are no women litigators skilled enough to fill Ms. O'Connor's shoes? Again, who knows?! We are not at all given any insight into Ms. O'Connor's remarks, in large part because the media have treated them thoroughly superficially. The assumption is that she merely wishes Bush had nominated another woman. But for all we know, Ms. O'Connor's "in a sense" means that she is disappointed that so few women have applied themselves sufficiently to the legal profession, thus leaving the Administration few choices.
Of course, I recognize that O'Connor seems to imply something. But it must be admitted that all of us are left in the ambiguous dark as to why she is truly disappointed, particularly when we think about equality, and equal rights. If, after all, men and women are equal – one sex as capable of knowledge and skill and judgement as the other – how then is it an inequality having men decide legal issues for everyone? If there are no differences between men and women, then how is a man exempt from making judgements about equality as it pertains to women? Or are men and women in essence different, bringing different learning styles, perspectives, and intelligences to the Court? Are there legal issues that pertain only to women, others only to men? If we admit this, then men and women are NOT equal under the law, nor are men and women equal in general. Hence, if we admit all this, then why would the enlightened intellectuals at Harvard – and nearly everywhere else – chastise commentators like Lawrence Summers?
Forsooth, even a transsexual recently suggested here at Contratimes that the "new" she now possesses "superior female intuition." Is there indeed something superior to women's minds in some areas? Moreover, are we in fact not heading toward expecting a certain sexlessness, a kind of androgynous amalgam on the Supreme Court? How about – and this might thrill a certain set – loading the Court with transsexuals, balanced with a kindly blend of women who were once men and men who were once women. Of course, the Court might then be rescued from the morass of sex differences, but we would still be dealing with legal, social and ontological inequalities, as transsexuals by definition are different, and thus not equal to those who would be excluded from the bench. Ahhgh! The illusions and elusiveness of equality!
Is there a conclusion to all this? It's hard to know. Take it as just the clashing of sundry symbols – the tokens of power and equality and even genteel democratic dialogue. There is no clear winning here, no obvious passage out, and no flag to wave in victory or surrender. We simply must press on, carrying in our satchels of certitude the miscellany of ambiguities of which life is so sorely composed.
One thing we know: We'll need a lot of grace to make it home.
Contratimes
©Bill Gnade 2005/Contratimes
[Photo: Peterborough, NH - Iraq war protest, woman in black garb, Gay Pride and American flags. Camera: Canon EOS 3. Lens: Canon EF 17-40/4L. Film: Fujipress 800. Exposure: 1/500 @ f8. Click on photo for larger view.]