'And You Can't Find Me Nowhere': Relocating Identity and Structure within Equality Jurisprudence

This paper explores key tensions in conceptualizing equality. It begins by arguing for the equality of lives lived and then goes on to link this to equality based on power. Yet, although equality of power seems to offer a more radical model than approaches to equality based on resources, satisfaction, and recognition, it nevertheless is not entirely suitable, since it too centres equality's subject. After addressing some of the analytical problems a subject-centred framework raises, including how to deal with reactionary identities and practices, the paper considers instead a structural approach to equality. This focuses on targeting social organizing principles, while recognizing the complex relationship between inequalities of gender, race, sexuality, and class and inequalities associated with unpopular viewpoints or beliefs. Finally, using lesbian and gay sexuality as an example, the paper considers the ways in which normative-epistemological organizing principles — proper place and the public/private — naturalize, legitimize but also hold the possibility of undercutting asymmetries of power.