Hillary Clinton, Sarah Palin, and Michelle Obama: Performing gender, race, and class on the campaign trail

Denver University Law Review

Volumn 86, Issue SPEC. ISS., 2009, Pages 709-725

  Mcginley, Ann C ^a  

^a UNIVERSITY OF NEVADA   (United States)

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[No Author keywords available]

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EID: 68049142898     PISSN: 08839409     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (64)

1. Frank Rudy Cooper, Our First Unisex President?: Black Masculinity and Obama's Feminine Side, 86 DENV. U. L. REV. 633 (2009).
2. Two types of identity include one's self identity and attributed identity, the impressions others have of a person. Identity is not a fixed phenomenon, but is created through negotiation (with oneself and others) and performance. Everyone works identity. Devon W. Carbado & Mitu Gulati, Working Identity, 85 C0RNELLL. REV. 1259, 1261 n.2, 1263 (2000).
3. See generally Cooper, supra note 1.
4. Frank Rudy Cooper, Against Bipolar Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy, 39 U.C. DAVIS L. REV. 853, 857-59 (2006).
5. Id.at857.
6. Id.
7. Cooper, supra note 1, at 654.
8. Id. at 633-34.
9. Id.
10. Hillary Clinton has served in three different public roles over a period of sixteen years. She served as first lady to Bill Clinton's Presidency, Junior Senator from New York, and candidate for President of the United States. She is now about to embark on a new role as Secretary of State.
11. Carbado & Gulati, supra note 2, at 1260-61, 1261 n.2.
12. Id.at 1260.
13. For this purpose, "outsiders" include white women, persons of color, and gays and lesbians. Id. at 1268.
14. Id. at 1262, 1270.
15. Id. at 1292.
16. Id.at1264.
17. Id. at 1262.
18. JOAN WILLIAMS, UNBENDING GENDER 64-66 (2000) (describing the "ideal worker" norms in the workplace).
19. Cooper, supra note 1, at 636.
20. Id.
21. Carol Polsky, Looking Past Economy, NEWSDAY, Nov. 1, 2008, at A14; Posting of Stuart O'Neill to Democratic Daily, http://thedemocraticdaily.corn/2008/10/10/mccain-trading-in-his-character-to- chase-the-news-cycle/ (Oct. 10, 2008, 4:45 p.m. EST) (using the title "McCain Trading In His Character To Chase The News Cycle").
22. Ann C. McGinley, Viva la Evolucion≠: Recognizing Unconscious Motive in Title VII, 9 CORNELLJ. L. & PUB. P0L'Y 415,421-46 (2000) (describing unconscious bias in decision making).
23. E.g., Judith Lorber, Beyond the Binaries: Depolarizing the Categories of Sex, Sexuality and Gender, 66 SOC. INQUIRY 143, 146 (1996) ("[G]ender ⋯ is a social institution that establishes patterns of expectations for individuals, orders the social processes of everyday life, is built into the major social organizations of society such as the economy, ideology, the family, and politics, and is also an entity in and of itself.").
24. Alice H. Eagly & Steven 3. Karau, Role Congruity Theory of Prejudice Toward Female Leaders, 109 PSYCHOL. REV. 573, 582, 587 (2002).
25. Id.at574.
26. An "agentic" person is one who takes control and leads. Id.
27. Id.at576.
28. Id. at 576-90.
29. Id.
30. Alice H. Eagly et al., Transformational, Transactional, and Laissez-Faire Leadership Styles: A Meta-Analysis Comparing Women and Men, 129 PSYCHOL. BULL. 569,573 (2003).
31. Id.at575.
32. Id.
33. See Martha Foschi et al., Gender and Double Standards in the Assessment of Job Applicants, 57 SOC. PSYCHOL. Q. 326, 337 (1994).
34. See VIRGINIA VALIAN, WHY SO SLOW?: THE ADVANCEMENT OF WOMEN 131 (1998).
35. See Eagly & Karau, supra note 24 at 575-76.
36. Id.at575.
37. Madeline E. Heilman et al., Penalties for Success: Reactions to Women Who Succeed at Male Gender-Typed Tasks, 893. APPL. PSYCHOL. 416,426 (2004).
38. See R.W. C0NNELL. MASCULINITIES 15-16 (2d ed. 2005) (explaining that Alfred Adler and others posited that the polarity between masculine and feminine traits saw female traits as inferior).
39. Title VII of the Civil Rights Act of 1964, which went into effect in 1965, made it unlawful to discriminate against an applicant or employee because of her sex. Title VII of the Civil Rights Act of 1964, Pub. L. No.88-352,78 Stat. 241 (1964) (codified as amended at 42 U.S.C. § 2000e-2(a) (2006)). It was amended in 1972 in order to make state governments subject to the Act. Title VII of the Civil Rights Act of 1964, Pub. L. No. 92-261, 86 Stat. 103 (1972) (codified as amended at 42 U.S.C. § 2000e-2(e) (2006)). Title IX of the Civil Rights Act of 1964 made it unlawful to discriminate in education because of sex. Title DC of the Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964) (codified as amended at 42 U.S.C. § 2000c-6 (2006)). Tn 1972, the 1964 Civil Rights Act was amended to apply to public employers and universities. Title IX of the Civil Rights Act of 1964, Pub. L. No. 92-261, 86 Stat. 103 (1972) (codified as amended at 42 U.S.C. § 2000c-6 (2006)).
40. "Second Wave Feminism" is the tenn used to describe the feminist movement of the late 1960's and the 1970's. STANFORD ENCYCLOPEDIA OF PHILOSOPHY, TOPICS IN FEMINISM 2.1 (Mar.15, 2004), http://plato.stanford. edulentrieslfeminism-topicsl#FemBelFemMov. I use the term in quotation marks in the text because it ignores the waves of abolitionist and post-abolition feminism.
41. See generally VALIAN, supra note 34 (discussing the effect of unconscious bias on women's success and the psychological studies supporting her conclusions).
42. Jack Hitt, Bill and Hill and History; Southern Consort: A Guided Tour of His Good 01' Soul, WASH. POST, Oct. 21, 1993, at Cl ("The reason Hillary's remark-'I could have stayed home and baked cookies'-provoked such a projectile vomiting of rage below Washington is because she so openly represents a full rejection of Southern womanhood.").
43. See Gwen Ifihl, The 1992 Campaign: Democrats Trapped in a Spotlight, Hillary Clinton Uses It, N.Y. TIMES, Feb. 3, 1992, at A12.
44. See, e.g., Emmanuel Reynaud, Holy Virility: The Social Construction of Masculinity, in FEMINISM & MASCULINITIES 136, 142-44 (Peter Murphy ed., 2004) (arguing that man imposes femininity on women in order to establish his power and to produce the opposite of his own freedom and independence).
45. See, e.g., Heilman et al., supra note 37, at 426.
46. See Cynthia Tucker, Cards on the Table: Like it or Not, Race a Factor in'08, ATLANTA J.-C0NST., Aug. 6, 2008, at 18A.
47. Kerry Howley, Hillary Never Played the Gender Card, CHICAGO SUN-TIMES, Nov. 18, 2007, at B3.
48. Frank James, Thank YLS for Clinton Pantsuits, http:l/www. swampolitics.comlnewsl politics/blogI2008/06/by-franlc.james-how-many.htnfl (noting that Ives St. Laurent designed the pantsuit in the 1960's for working women, and that it has been a symbol of women's empowerment since its design); see also Robin Givhan, Wearing the Pants, WASH. POST, Dec. 9, 2007, at A24, available at http://tinyurl.com/ cd61rz (noting that Clinton wore skirts and jackets as first lady, and wears pantsuits in the campaign to show toughness, but she also notes the variety of colors Clinton's pantsuits were that allowed her to stand out among her rivals).
49. See Katharine T. Bartlett, Only Girls Wear Barrettes: Dress and Appearance Standards, Community Norms, and Workplace Equality, 92 MICH. L. REV. 2541, 2553 (1994) (citing studies by Sandra M. Forsythe).
50. See id. at 2564.
51. Imagine the consternation if Obama's family had similar problems. The stereotype of black families with unwed mothers would likely have defeated his presidency.
52. Since her return to Alaska, Palm continues to perform her gender identity as mother and new grandmother publicly. The web page for the Alaska Governor has an announcement of the birth of her 17 year-old daughter, Bristol's, baby. Governor Welcomes Her First Grandchild Tripp Easton Mitchell Johnston, http:llgov.state.ak.uslnews.php?id= 1593 (last visited Jan. 19, 2009). The web page also contains a link to a site about Palm's infant son who has Down Syndrome. Alaska Governor Sarah Palm http:llgov.state.alc.uslthg.html (last visited Jan. 19, 2009).
53. See Andy Barr, Tarnished Pols Lvok to Burnish Images, POLITICO, Nov. 16, 2008, available at http:/Iwww.pditico. comlnews/stories/1 108/l5645.html; Kate Zemilce & Monica Davey, Win or Lose, Many See Palm as Future of the Party, N.Y. TIMES, Oct. 29,2008, at A21.
54. See, e.g., Liam Julian, Palin Must Connect on an Intellectual Level-But Will She? Can She?, ORLAND0 SENTINEL, Oct. 30, 2008, at A15 (noting that conservatives George Will, Peggy Noonan and David Brooks criticized Palm for her lack of experience and seriousness).
55. I am indebted to Frank Rudy Cooper for the concept of the "split personality."
56. See Patricia J. Williams, The Power of One, 8 BLACK RENAISSANCE/RENAISSANCE NOIRE 42, 45 (Winter/Spring 2008); Margery Eagan, Marriages Give Clues to Candidates' True Colors- Or Do They?, BOSTON HERALD, Jan. 1, 2008, at 4; Andrew Hemnann, Fame Puts Squeeze on Family Life: Many Hurdles as Obamas Seek Balance, CHICAGO SUN TIMES, Oct. 19,2006, at 6.
57. The Belle of Capitol Hill, IRISH TIMES, Nov. 8,2008, at 5.
58. See Don Frederick & Andrew Malcolm, Top of the Ticket Campaign'08: Race for the White House; How Deep Did Romney End Up Digging into his Pocket?, L.A. TIMES, Feb. 24,2008, at A16; see also Michael Graham, Michelle, No Belle≠, BOSTON HERALD, Feb. 21, 2008, at 19.
59. Maria Puente, What Kind of First Lady Will She Be?, USA TODAY, Dec. 18,2008, at 1A.
60. Vema L. Williams, The First (Black) Lady, 86 DENY. U. L. REV. 833, 834 (2009) (footnotes omitted).
61. See, e.g., Stuart Taylor, Jr., Obama's Wife and Spiritual Advisor, NAT'L JOURNAL, Apr. 5,2008 (criticizing Michelle Obama for her comments and her lack of gratitude).
62. Social science research demonstrates that politically active first ladies receive more negative press coverage. See Gregory S. Parks & Quinetta M. Roberson, Michelle Obama: Intersectionality, Implicit Bias, and Third-Party Associative Discrimination in the 2008 Election, http:llssrn.com/abstract= 1248302 (posted on SSRN on Aug. 22,2008).
63. See, e.g., Marie Puente, Excitement Builds Over Obama's Fashion Sense, USA TODAY, Dec. 18, 2008, at 2A; Angela Burt-Murray, Let Michelle Obama's Real Self Shine, CNN.COM, Dec. 11, 2008, http:Ilwww.cnn.comI200S/POL1TICS/1211 llburt-murray.michelle.obama/.
64. See, e.g., Burt-Murray, supra note 63.