The author explores postmodern approaches to gender and the challenges of redefining gender, gender roles, heterosexism, and homophobia. The author begins by discussing the conventional aspects of gender and the problems with the Feminist movement in regard to the theoretical "Universality" of feminism. The author indicates the Feminist
theory of gender was attacked because in its early years it contended that it spoke for all women. However, the feminist movement found this not to be the case. Thus, a redefining process took place within the feminist movement.
It is at this point, the author begins to provide a "Postmodern" perspective on feminism in relation to gender - thus, establishing the relationship between the postmodern feminist approach and other feminist approaches. The key variables used in this particular article are gender, Gays and Lesbians, law, and the dominant power structure (which we can define as patriarchy) and feminist approaches to gender. The author utilizes feminist writing and cites actual laws and precedents that have been set in regard to gender and homosexuality as supportive data for her/his arguments. The article is broken down into four sections in which the author examines the both the arguments surrounding gender and then attempts to offer a theoretical construct from which gender issues may be addressed successfully.
In part I, the author argues that feminists must begin to focus on the external forces that construct gender. S/he believes the traditional approach to enforcing gender is the argument that gender is "natural" rather than something created or constructed externally. Therefore, postmodern feminists "concentrate on the external forces, such as law, that construct gender rather than treating gender as if it were the truth about men or women" (1974). Further, the author asserts that postmodern feminists contend these constructs "do not overtly speak in this voice, but rather covertly." Therefore, postmodern feminists assert that laws, through covert action, "reinforce compulsory heterosexuality" as the norm.
In part II (which the author refers to as the "theoretical framework for postmodern accounts of gender) the author posits that Gays and Lesbians "play a crucial role" and provide insights into gender and sexuality. S/he states this is because of the appropriation and variation of gender and gender roles within the Gay and Lesbian community for "erotic effect;" thus, gender seems to be "performative" rather than natural.
Part III of this article examines specifically how law compels conformity and adherence to traditional gender roles. The author asserts that it is because of the "naturalization of the institutions of Heterosexuality (such as marriage, family and procreation). It is suggested the purpose of these "genderized" laws are to punish
deviance from expected roles of masculinity and femininity. The author then indicates that homosexuality is punished "because gender transgressions threaten the stability of the masculinity and femininity by making repression of difference impossible" (1975).
Part IV is concerned with defending the practicality of the "Postmodern Account" against "practicality" in the arena of the "equality vs. difference debate in the context of divorce." Within this section the author examines the views of asset division between partners upon divorce. S/he defines two approaches - 1) assets should be divided equally so the woman does not become dependent upon the man, and 2) the argument states that because the woman has provided child care and given up the time in her pursuit of a career pursuit for the male to pursue his, they should receive a disproportionate award of assets. The author states it within this argument one may find an example of how feminism can "lapse into essentialism." The author asserts it is within this debate that the traditional conceptions of masculinity and femininity are reified; thus it promotes the "traditional feminine role which effectively reinforces compulsory heterosexuality by fighting for women's right to be exactly what the law already requires them to be." Thus, the author contends that the good intentions of liberals "end up reproducing compulsory heterosexuality in a slightly different guise; they simply extend to a few privileged women the opportunity to occupy the male role in relation to the domestic workers hired to fill the role of wife" (2003).
Finally, the author suggests an approach that will allow us to confront and defeat enforced heterosexuality. S/he contends feminists must confront the consequences of enforced heterosexuality through rigid gender roles - specifically s/he states, "make gender trouble." S/he suggests the strategy must be for the postmodern feminist to "insist on the instability of gender and destabilize the whole structure" (2004).
The conclusions the author draws are, in my opinion, both reliable and valid. The works cited and the laws cited can be used to repeat or recreate the data found in this article. I would note that it is based upon a particular theoretical interpretation of the data (postmodern feminist theory). The data and findings of this article are also valid. The measures used to inform and support the theoretical basis for the arguments adequately reflect and support the overall concept the author is addressing. Because the author is examining the postmodern feminist account of gender, feminist writing and laws that pertain to the subject both reflect and support the author's theoretical basis. The methodology utilized by the author seems to be solid as s/he uses existing data to support her theories. I did not detect overt biases in the authors writing. It would appear that the selection of this topic does indicate some bias, however it seems the author attempts to remain objective and use data to support her/his theories.
I found this article to be very interesting and very informative. I have always known the law plays an important part in the oppression of wimmin as well as Gays and Lesbians. However, I was not exactly aware of the specifics and this article does an excellent job of addressing them. I was also very happy to find a written interpretation of postmodern feminist theory in relation to gender. I have always been interested in postmodernism and have wondered about its relation to feminist theory. This article also does an excellent job of attempting to define certain aspects of this relationship. I would recommend this article to any feminist or any person interested in gender studies. I felt this article has great deal to say regarding the topic of gender and the enforcement of homosexuality. Because I am a gay male and have felt the oppression of a legal system that should protect me I applaud this author's courage for speaking out. When I was evicted from my apartment and lost a $350 damage deposit there was not anything I could do because I was not protected by law. This article speaks to those types of injustices in a scholarly fashion that is difficult to ignore.
Patriarchy Is Such A Drag: A Postmodern Account Of Gender.Harvard Law Review,108, (8), 1973-2008.