Equality On Trial

In 1964, Title VII of the Civil Rights Act outlawed workplace sex discrimination, but its practical meaning was uncertain. Equality on Trial examines how a generation of workers and feminists fought to infuse the law with broad notions of sex equality, reshaping workplaces, activist channels, state agencies, and courts along the way.

"Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate"--Dust jacket flap.

In 1964, as part of its landmark Civil Rights Act, Congress outlawed workplace discrimination on the basis of such personal attributes as sex, race, and religion. This provision, known as Title VII, laid a new legal foundation for women's rights at work. Though President Kennedy and other lawmakers expressed high hopes for Title VII, early attempts to enforce it were inconsistent. In the absence of a consensus definition of sex equality in the law or society, Title VII's practical meaning was far from certain. The first history to foreground Title VII's sex provision, Equality on Trial examines how the law's initial promise inspired a generation of Americans to dispatch expansive notions of sex equality. Imagining new solidarities and building a broad class politics, these workers and activists engaged Title VII to generate a pivotal battle over the terms of democracy and the role of the state in all labor relationships. But the law's ambiguity also allowed for narrow conceptions of sex equality to take hold. Conservatives found ways to bend Title VII's possible meanings to their benefit, discovering that a narrow definition of sex equality allowed businesses to comply with the law without transforming basic workplace structures or ceding power to workers. These contests to fix the meaning of sex equality ultimately laid the legal and cultural foundation for the neoliberal work regimes that enabled some women to break the glass ceiling as employers lowered the floor for everyone else. Synthesizing the histories of work, social movements, and civil rights in the postwar United States, Equality on Trial recovers the range of protagonists whose struggles forged the contemporary meanings of feminism, fairness, and labor rights.

Is democracy as we know it in danger? More and more we confront one another as aggrieved groups rather than as free citizens. Deepening cynicism, the growth of corrosive individualism, statism, and the loss of civil society are warning signs that democracy may be incapable of satisfying the yearnings it itself unleashes - yearnings for freedom, fairness, and equality. In her 1993 CBC Massey Lectures, political philosopher Jean Bethke Elshtain delves into these complex issues to evaluate democracy's chances for survival.

"Home : a place that provides access to every opportunity America has to offer.--A.H."--P. [vii]

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

An economist demonstrates how LGBT equality and inclusion within organizations increases their bottom line and allows for countries’ economies to flourish We know that homophobia harms LGBT individuals in many ways, but economist M. V. Lee Badgett argues that in addition to moral and human rights reasons for equality, we can now also make a financial argument. Finding that homophobia and transphobia cost 1% or more of a country’s GDP, Badgett expertly uses recent research and statistics to analyze how these hostile practices and environments affect both the US and global economies. LGBT equality remains a persistent and pertinent issue. The continued passing of discriminatory laws, people being fired from jobs for their sexual orientation and/or gender identity, harassment and bullying in school, violence and hate crimes on the streets, exclusion from intolerant families, and health effects of stigma all make it incredibly difficult to live a good life. Examining the consequences of anti-LGBT practices across multiple countries, including the US, Canada, the UK, Australia, India and the Philippines, Badgett reveals the expensive repercussions of hate and discrimination, and how our economy loses when we miss out on the full benefit of LGBT people’s potential contributions.

Americans now face a caring deficit: there are simply too many demands on people’s time for us to care adequately for our children, elderly people, and ourselves.At the same time, political involvement in the United States is at an all-time low, and although political life should help us to care better, people see caring as unsupported by public life and deem the concerns of politics as remote from their lives. Caring Democracy argues that we need to rethink American democracy, as well as our fundamental values and commitments, from a caring perspective. The idea that production and economic life are the most important political and human concerns ignores the reality that caring, for ourselves and others, should be the highest value that shapes how we view the economy, politics, and institutions such as schools and the family. Care is at the center of our human lives, but Tronto argues it is currently too far removed from the concerns of politics. Caring Democracy traces the reasons for this disconnection and argues for the need to make care, not economics, the central concern of democratic political life. Joan C. Tronto is a Professor in the Political Science Department at the University of Minnesota. She is the author of Moral Boundaries: A Political Argument for an Ethic of Care (Routledge).