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Law and Race Commons

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Law and Gender

Selected Works

Lauren Sudeall

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Full-Text Articles in Law and Race

Identity As Proxy, Lauren Sudeall Lucas Sep 2015

Identity As Proxy, Lauren Sudeall Lucas

Lauren Sudeall

As presently constructed, equal protection doctrine is an identity based jurisprudence, meaning that the level of scrutiny applied to an alleged act of discrimination turns on the identity category at issue. In that sense, equal protection relies on identity as a proxy, standing in to signify the types of discrimination we find most troubling. Equal protection’s current use of identity as proxy leads to a number of problems, including difficulties in defining identity categories; the tendency to privilege a dominant-identity narrative; failure to distinguish among the experiences of subgroups within larger identity categories; and psychological and emotional harm that ...