I'm new to the list and not too sure if I should contribute here, as I have
not read the initial mailing that inspired Tenorlove's response.

However, I am going to jump in with both feet, so please feel free to ignore
my comments if they are irrelavent or redundant to the list discussion.

All men may be created equal, but this sort of creation doesn't extend very
far beyond the womb.  That is, social factors quickly make us something
other than equal.  This is obvious, but doesn't completely explain the
justification for programs such as affirmative action.

Martha Minow has described the problem as the "Dilemma of Difference."
Because our institutions are attuned to a process of defining categories of
normalicy, there are situations in which it becomes impossible to be
neutral.

For instance:  maternity leave.  In the current climate of egalitarianism,
many of us have an interest in making sure that our laws do not distinguish
sex.  Yet, because there is a "difference" assigned to women, which many
current work environments are unable to accomodate, this legal neutrality
places an unequal burden on women when they become pregnant.  While no one
is denying that women become pregnant and men don't, the reason this
"difference" is a problem is that work-places are typically defined in such
a way so that the half of the human race who cannot become pregnant are the
norm and the half who can are the one's assigned to the category of
"different."  There have been several cases in which the courts were
unwilling to require a company to provide maternity leave because the court
was afraid of giving special treatment to women (or to pregnant women).  I'm
not being very thorough here, but if you want the reference I will provide
it later.

In this light, affirmative action is a (mostly abortive) attempt to reverse
the "Dilemma of Difference" that for most of this country's history has
relegated minorities to the position of "other than the norm" and has
produced far-reaching enequalities in education and in the work-place.  It
is not a reflection of essential ethnic inferiority that the inner-cities
are typically populated by minorities.  The reigning norm in fact put them
there, and it seems plain that it is not enough simply to announce that we
are all now equal, because the disadvantages of maltreatment have caused
extensive harm to the chances minorities will have to succeed.

Ideally, affirmative action would correct the situation so that it
(affirmative action) would no longer be necessary once society had erased
the effects of institutionalized difference, but this may be only so much
utopian nonsense

And I agree, it seems unfair and, for the moment, intractable.
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