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University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 1991 Gender Wars: Selfless Women in the Republic of Choice Joan C. Williams UC Hastings College of the Law, [email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Part of the Law and Gender Commons Recommended Citation Joan C. Williams, Gender Wars: Selfless Women in the Republic of Choice, 66 N.Y.U. L. Rev. 1559 (1991). Available at: http://repository.uchastings.edu/faculty_scholarship/825 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Faculty Publications UC Hastings College of the Law Library Williams Joan Author: Joan C. Williams Source: New York University Law Review Citation: 66 N.Y.U. L. Rev. 1559 (1991). Title: Gender Wars: Selfless Women in the Republic of Choice Originally published in NEW YORK UNIVERSITY LAW REVIEW. This article is reprinted with permission from NEW YORK UNIVERSITY LAW REVIEW and New York University School of Law. ARTICLES GENDER WARS: SELFLESS WOMEN IN THE REPUBLIC OF CHOICE JOAN WILLIAMS* A centraltheme in American thought is that society is a "republicof choice" comprised of autonomous individuals with rights, making choices in pursuit of their own self- interest. This ideology is covertly gendered. Professor Williams examines the abortion and "working mother" debates and shows how, in both contexts, mothers who pursue their own self-interest often are condemned as selfish. The reigningideology, she con- cludes, is best described as recommending selflessnessfor mothers and self-interestfor others. She applies this analysis to the rhetoric of choice in the abortion and the "work- ing mothers" debates. Pro-choice advocates have defended abortion as the right of women to choose their own destinies Professor Williams argues that this rhetoric taps Americans' anti-governmentfeelings in a powerful way, but also awakens genderfears of selfish mothers and unnurtured children. These fears should be addressed by com- bining choice rhetoric with reassuring messages that pro-choice advocates share with their opponents a reverencefor motherhood She argues that the abortion controversy is not the place to challenge the norm of selflessnessfor mothers, but that the "'working mothers" debate is. Whereas in the abortion context women's claims for choice and autonomy pit them against the sanctity of life itself, in the 'working mothers" debate women's rights can be framed as a matter of equality with men and fairness to chil- dren. To accomplish this requiresa challenge to the rhetoric of choice, which deflects attention awayfrom the constraints within which women's choices occur. In the con- text of work/family conflict, choice rhetoric is an integralpart of a gender system that leaves women with different-andless desirable-choicesthan men. Feminists need to challenge both the rhetoric and the institutions that make child nurture dependant on the selflessness of mothers * Visiting Professor, University of Virginia Law School; Professor of Law, Washington College of Law, American University. B.A. 1974, Yale University; J.D. 1980, Harvard Uni- versity; M.C.P. 1980, Massachusetts Institute of Technology. Special thanks to Ruth Colker, who first got me thinking about abortion; to my Feminist Jurisprudence classes in the spring terms of 1991 and 1992, who challenged and supported me in fruitful combination; and to my reading group in Washington, D.C., whose companionship over an eight-year period has influ- enced me immeasurably. For generously sharing her time to help guide my formulation of the issues, thanks to Ann Shalleck; for thoughtful readings and comments on prior drafts, I am grateful to Kathryn Abrams, Mary Anne Case, Nancy Dowd, James X. Dempsey, Alan Free- man, Angela Harris, Elizabeth Mensch, Constance Perin, Milton C. Regan, Jr., and to the Feminist Theory reading group at University of Virginia Law School. Thanks for research assistance to Catherine Stavrakis, Lisa Chase, Mary Kathryn Kelley, Carolyn Ikari, Arzoo Osanloo, George Thomas, Megan Mahony, and Lisa Tittemore. Parts of this Article were presented at the Symposium on Feminist Jurisprudence, Tulane Law School, October, 1989; at a panel on Feminist Jurisprudence and the Legal Subordination of Women, at the American Philosophical Association, New York City, Jan. 28, 1992; and at a presentation to the Univer- sity of Virginia Corcoran Department of History, April 17, 1992. My thanks to the American University Law School Research Fund, which generously supported this work. 1559 HeinOnline -- 66 N.Y.U. L. Rev. 1559 1991 Imaged with the Permission of N.Y.U. Law Review NEW YORK UNIVERSITY LAW REVIEW [Vol. 66:1559 Could I raise a kid alone? I have never wanted to raise a child alone, because as a child with one parent I was so economically and emotionally vulnerable that I couldn't do that to a child. My mom had raised three after my father left, while working at secretarial jobs. She drank herself to death and the three of us feel lucky that we are not more screwed up than we are. I ra- tionally know the difference between my mother and myself. But could I do it? Could I make it if I tried to raise a kid alone? I couldn't afford much in the way of help, how would I do it? Would I have a difficult pregnancy? I had already been sick as a dog for two weeks-would it continue? [There was] no parental leave, no maternity leave: plus the first woman to come up for [pro- motion] couldn't ask for it if it had existed. If I refused to abort and called his bluff and he decided to stay with me (which, I see in retrospect would have been more likely to occur), then what? I worked the second shift in our house and had accepted that role-it seemed a fair trade at the time for the security of mar- riage and, although I resented it somewhat I reminded myself that he was from a traditional family and he might change later and, after all, since we had no children, the burden was some- thing I could live with. In other words, all the child-rearing responsibilities would have been mine. Finally, although I wasn't labelling it correctly then, the abuse had started-in my heart of hearts I knew he would do to his children what he had so often reported his dad had done to him. I didn't want him to raise a child. [So I aborted]. My friend Linda, who had had an abortion, went with me. It was horrible. Instead of focusing on what a bad, selfish person I was, as I have, I can see how the real villain is a system that gave no support or aid to my mother and that would not have supported me. If at that time I had believed that I could continue to work at a job that meant so much to my dignity and have a child, I would have happily done it.1 INTRODUCTION Abortion and work/family conflict are related in ways not often rec- ognized. In practice, the economic marginalization of caregivers plays a I Where not footnoted to a specific source, narratives such as this were told to me person- ally. I have changed identifying details. HeinOnline -- 66 N.Y.U. L. Rev. 1560 1991 Imaged with the Permission of N.Y.U. Law Review December 1991] SELFLESS WOMEN contributing role in many abortions. 2 More abstractly, the phenomena also are linked by the rhetoric of choice: abortion is defended on "pro- choice" grounds; mothers "choose" to scale back work commitments be- cause of their children's needs. The rhetoric of choice stems from liberal imagery of autonomous individuals making choices in their own self-interest. This imagery, pur- portedly gender-neutral, in fact is covertly gendered. While this imagery endorses self-interest as the proper motivation for all adults, the ideology of conventional femininity condemns mothers who pursue self-interest over their children's needs as "selfish." A more accurate understanding of liberalism would recognize the way it excludes mothers from the re- public of self-interested choice, mandating selflessness for mothers and self-interest for others. The rhetoric of choice often translates the power differential be- tween men and women into conflicts within individual women and among groups of women. Only by understanding how to control this gender dynamic can feminists translate conflicts among and within women back into conflicts over the power differential between men and women. Underlying this approach is a postmodern sense that our rheto- rics are social constructions that frame our range of possibilities. 3 If we as feminists want to reconstruct the framework of women's lives, close attention to rhetoric is vital to empower women-and men-to reimagine a differently gendered world. This Article argues that feminists need to become more self-con- scious about the gender eddies that swirl around the rhetoric of choice. The rhetoric is appropriate only where one's rhetorical goal is to focus attention on the act of "free" choice. But, of course, choice always oc- curs within constraints. Where one's goal is not to defend a realm of freedom currently enjoyed, but to challenge the constraints limiting that "freedom," the rhetoric of choice helps reinforce the gender structures feminists need to challenge. Part I explores the way choice rhetoric deflects a challenge to the disempowerment of mothers into an internal gender war within individ- 2 Half of the aborting women surveyed in one study identified concern about how a child would interfere with their job, employment or career as a key factor in their decision to abort, and about two-thirds said they could not afford a child.

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