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Los Angeles Times Interview

Catharine MacKinnon

Pursuing a Different Approach to Sexual Inequality

October 24, 1993|Janny Scott, \o7 Janny Scott covers ideas and intellectual trends for The Times\f7

WASHINGTON — When Ruth Bader Ginsburg went to work as a U.S. Supreme Court justice this month, capping a legal career spent, in part, fighting gender bias, one person who was overjoyed was the feminist legal theorist and anti-pornography crusader Catharine A. MacKinnon.

In many circles, MacKinnon is the better known of the two--a leading figure in the movement to rid the law of male bias, a popular professor, author and, lately, gossiped-about companion of Jeffrey Masson, the psychoanalyst suing Janet Malcolm of the New Yorker for libel.


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At first glance, MacKinnon and Ginsburg appear to approach the problem of sexual inequality differently. As a lawyer, Ginsburg focused on issues of economics and status, such as equal pay. MacKinnon is preoccupied with pornography, rape and sexual abuse.

When MacKinnon developed her now famous anti-pornography ordinance in the 1980s, the American Civil Liberties Union accused her of promoting censorship. For years, Ginsburg worked for the ACLU, arguing many of its biggest sex-discrimination cases in the '70s, sometimes on behalf of men.

Yet, MacKinnon contends that their differences are largely generational. "Because she did what she did, I can do what I'm trying to do," the 47-year-old University of Michigan law professor said of the 60-year-old justice.

A Yale Law School graduate with a Ph.D. in political science, MacKinnon is credited with having persuaded the Supreme Court that sexual harassment is discrimination--not only when it involves a quid pro quo but also when the harasser simply creates a "hostile environment" for the victim.

In her new book, "Only Words," MacKinnon argues that equality and freedom-of-speech laws are "on a collision course." Pornography should be seen not as speech, she argues, but as an act of discrimination--something \o7 done to\f7 women and no more worthy of protection than a "Whites Only" sign.

The entire print run sold out before the publication date.

On leave from teaching, MacKinnon is spending the year in Europe on a fellowship, preparing a casebook on sex equality, pursuing litigation on behalf of Croatian and Bosnian victims of sexual atrocities and researching how pornography is produced worldwide.

Passing through Washington on a recent afternoon, she discussed Ginsburg's record as a lawyer and feminism's impact on the law.

Question: \o7 What was your reaction to Ruth Bader Ginsburg's nomination?\f7

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