Introduction
This essay critically examines Catharine MacKinnon’s assertion from 1989 that the state is inherently gendered, reflecting and perpetuating male dominance through its structures and laws. It evaluates the validity of the claim that the presence of women Prime Ministers in the UK, such as Margaret Thatcher, Theresa May, and Liz Truss, challenges this notion in the contemporary context. Situated within the field of gender and law, the discussion explores the concept of a gendered state, assesses structural and systemic gender biases in legal and political systems, and considers whether high-profile female leadership fundamentally alters these dynamics. Drawing on academic sources and official data, the essay argues that while women in leadership roles represent progress, systemic gendering of the state persists.
The Concept of a Gendered State
Catharine MacKinnon (1989) argues in her seminal work, Toward a Feminist Theory of the State, that the state is not a neutral entity but is instead constructed through a male lens, embedding patriarchal values into its laws and institutions. She contends that legal systems often protect male interests, for instance through historical biases in property laws or inadequate responses to sexual violence, thereby reinforcing gender inequality (MacKinnon, 1989). This concept of a gendered state suggests that power structures are inherently biased, often rendering women’s experiences invisible or secondary within legal frameworks. For example, until relatively recently, marital rape was not criminalised in the UK, a clear reflection of patriarchal assumptions about male entitlement within marriage, only rectified by legal reform in 1991 (Home Office, 2000). Such historical evidence supports MacKinnon’s view that the state, in the 1980s and before, operated as a gendered institution.
Impact of Women Prime Ministers
The presence of women in the highest political office, such as Margaret Thatcher (1979-1990), Theresa May (2016-2019), and Liz Truss (2022), might suggest a shift away from a gendered state. Their leadership arguably challenges the traditional male monopoly on political power, serving as a symbolic and practical breach of gender barriers. Indeed, Thatcher’s tenure saw significant policy shifts, some of which impacted women’s lives, though not always positively, as her government was critiqued for cuts to welfare that disproportionately affected women (Walby, 1990). However, the mere existence of female leaders does not automatically dismantle structural biases. Research indicates that women in power often operate within systems designed by and for men, limiting their ability to effect systemic change (Lovenduski, 2005). Therefore, while their presence is significant, it does not inherently negate MacKinnon’s critique of the state as gendered.
Persistent Systemic Gendering
Despite progress, evidence suggests that the state remains gendered in subtle but pervasive ways. For instance, gender disparities persist in political representation; as of 2023, women constitute only 35% of UK Members of Parliament, indicating an ongoing underrepresentation in decision-making (UK Parliament, 2023). Furthermore, legal frameworks continue to inadequately address issues like the gender pay gap, which stood at 14.3% in 2022, reflecting systemic economic inequalities often unchallenged by state policy (Office for National Statistics, 2022). Such figures highlight that, while individual women may ascend to power, the broader institutional and cultural frameworks of the state still reflect and reinforce gender biases, supporting MacKinnon’s enduring relevance.
Conclusion
In conclusion, while the existence of women Prime Ministers in the UK represents a notable challenge to traditional gender norms in politics, it does not fully undermine Catharine MacKinnon’s (1989) argument that the state is gendered. Structural inequalities, evidenced by persistent underrepresentation in politics and economic disparities, indicate that systemic gender biases remain embedded within state mechanisms. Thus, although progress is evident, the fundamental gendering of the state arguably persists, suggesting that deeper institutional reform is necessary to achieve genuine equality. This discussion underscores the importance of critically examining both symbolic and systemic dimensions of gender in law and governance.
References
- Home Office. (2000) Setting the Boundaries: Reforming the Law on Sex Offences. Home Office Communication Directorate.
- Lovenduski, J. (2005) Feminizing Politics. Polity Press.
- MacKinnon, C. A. (1989) Toward a Feminist Theory of the State. Harvard University Press.
- Office for National Statistics. (2022) Gender Pay Gap in the UK: 2022. ONS.
- UK Parliament. (2023) Women in Parliament and Government. House of Commons Library.
- Walby, S. (1990) Theorizing Patriarchy. Basil Blackwell.
