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CHRISTIANITY, FEMINISM, AND THE LAW
I. INTRODUCTION: THE CONNECTION BETWEEN CHRISTIANITY, FEMINISM, AND THE LAW
Man enjoys the great advantage of having a god endorse the code he writes; and since man exercises a sovereign authority over women, it is especially fortunate that this authority has been vested in him by the Supreme Being. For the Jews, Mohammedans, and Christians, among others, man is master of divine right; the fear of God, therefore, will repress any impulse towards revolt in the downtrodden female. 1
1 S. de Beauvoir, The Second Sex 621 (1949).
--Simone de Beauvoir, The Second Sex.
Feminists who study women and the law confront a system which reflects the values and interests of patriarchy. Carol Smart, in discussing the power of law to disqualify women's experience and concerns, argues that there is a "congruence between law and what might be called a `masculine culture,' and that in taking on law, feminism is taking on a great deal more as well." 2 Since a whole constellation of forces is at work in the establishment and reinforcement of patriarchy, feminists must look beyond the letter of the law and examine the cultural, social, religious, and economic forces behind women's oppression. 3 To this end, we will consider the role of religion as one of these forces, because we cannot ignore religion and still hope to understand the patriarchal legal framework in which women and men operate. 4
2 C. Smart, Feminism and the Power of Law 2 (1989).
3 Harrison & Heyward, Pain and Pleasure: Avoiding the Confusions of Christian Tradition in Feminist Theory, in Christianity, Patriarchy, and Abuse: A Feminist Critique 148 (J. Brown & C. Bohn eds. 1989).
4 A. Wilson Schaef, Women's Reality: An Emerging Female System in a White Male Society 161 (1981).
The patriarchal components of most historic religions 5 have largely been revealed. The result, at first glance, seems to be a clash between religion and feminism. The feminist must ask, whose purpose and goals does patriarchal religion serve? 6 Why participate in a religion whose symbols only amplify what is already destructive for women and men? 7 As a result, many feminists reject their religious traditions, concluding that they are beyond deconstruction, reconstruction, and transformation. 8...