RACE VERSUS SEX: The Multiple Meanings Of "R Discrimination"
Wednesday, Apr. 11, 2001  What is the difference — and what are
the similarities — between race and sex? Feminist legal scholars
have explored the many ways in which the respective histories of
race and sex discrimination might offer useful lessons for
crafting legal approaches to the achievement of both race and
gender equality. There has always been a tension between the
law's approach to each, as reflected by the Supreme Court's
decision to apply "strict scrutiny" to governmental
classifications of race but only "intermediate scrutiny" to
those of gender.  Ironically, the more exacting scrutiny applied
to race has made it easier for white plaintiffs to bring
successful claims of race-discrimination and more difficult for
governmental affirmative action programs to survive those
claims. The African-American community and liberals in general
have found these developments disturbing and potentially
devastating to the cause of racial equality. In co