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Authors

Jessica Knouse

Abstract

We live in a lacuna between identity politics and post-identity politics. Although we understand that identity groups like African Americans and women are not ideologically monolithic, we continue to use race and gender as proxies for ideology. Although some have proclaimed the 2008 presidential election the first “post-identity politics election,” issues of race and gender continue to dominate the public forum. In short, although we want to have transcended identity politics, we have not. This Article asks why not, and concludes that the existing equal protection doctrine is partly to blame. It proposes that we abandon the existing doctrine, which not only has mired us in identity politics, but also has dishonored our constitutional commitments to equality, autonomy, and democracy. It suggests that we replace the existing doctrine with a new doctrine, which would inaugurate a new regime of “ideology politics” and honor our broad range of constitutional commitments.

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