Equality in the law is not Possible nor Desirable

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University of Notre Dame *

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2020

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Law

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Nov 24, 2024

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docx

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1 Equality in the law is not Possible nor Desirable Name Institution Professor Course Date

2 Equality in the law is not Possible nor Desirable Introduction In the legal system, equality is a complex idea that includes justice, impartiality, and fairness. It suggests no bias or discrimination in applying the law, guaranteeing that everyone is treated equally and fairly. This paper will examine the challenges of attaining and construing legal equality, particularly emphasizing the Turner v. Canada (Attorney General) 2012 case study. Levan Turner's battle against racial and size-based discrimination is a moving illustration of the difficulties in achieving full equality under the law. Thesis: As demonstrated in Turner v. Canada (Attorney General) 2012, cultural biases, legal intricacies, and interpretive constraints all work against the implementation of equality under the law despite it being a fundamental principle. Intersectionality and Discrimination According to Kimberlé Crenshaw, the case Turner v. Canada (Attorney General) illustrates the complex relationship between various aspects of a person's identity and introduces the idea of intersectionality. The concept of intersectionality recognizes that a person's experiences with discrimination are not unique but rather the result of the confluence of multiple social identities. As quoted, " Intersectionality's troubles with discrimination law begin with this simple but settled normative idea of discrimination based on no more than a single ground” ( Atrey, 2019, p. 8). In Levan Turner's case, structural barriers to employment within the Canada Border Services Agency were caused by the intersection of his Black male identity and his physical appearance—more specifically, his obesity. According to Crenshaw's intersectionality concept, discrimination combines societal biases against several facets of an individual's identity rather than just the sum of its parts. Turner's experience serves as a striking example of this: he was excluded not only because he was obese or Black but also because of the combined prejudices that resulted from the

3 intersection of these identities ( Vlex, 2018). Prejudices held by society regarding physical appearance combined with his race resulted in a systematic denial of fair employment opportunities. Understanding the intricacies of legal structures requires a focus on intersectional discrimination. It highlights the necessity of taking a nuanced approach to dealing with prejudice in the legal system because legislation frequently needs to sufficiently consider the complex nature of discrimination ( Atrey, 2019). Turner's case is a sobering reminder that legal institutions need to change to acknowledge and address the complex web of discrimination that people with intersecting identities must endure. If this is not done, systemic inequality is maintained, and societal equality is not achieved. Turner's experience thus emphasizes the difficulties in addressing intersectional discrimination within legal frameworks, highlighting the need for a more nuanced understanding of how many aspects of identity cross to reinforce institutional obstacles and compound biases. Legal Challenges in Equality The legal framework designed to promote equality frequently runs into problems when dealing with subtle types of discrimination. These difficulties are illustrated by Turner v. Canada (Attorney General), which shows the flaws in interpreting and implementing legislation to advance equality ( Vlex, 2018). Turner's first tribunal defeat eloquently highlights the gaps in legal understanding and how equality rules are applied. Even with its best efforts to be impartial, the legal system is susceptible to prejudices and personal interpretations. These biases in the judicial system cause differences in the identification and correction of discriminatory incidents. This situation aligns with the core tenets of critical legal studies, which maintain that cultural biases and societal power structures shape the law. Legal systems unintentionally support the disparities that marginalized groups experience because they frequently mirror

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