group identity - changing the outsider's perspective

8/2/2019 Group Identity - Changing the Outsider's Perspective

1/41Electronic copy available at: http://ssrn.com/abstract=1086104

University of Tulsa College of Law

University of Tulsa Legal Studies Research Paper No. 2008-12

GROUPIDENTITY:

CHANGING THE OUTSIDER'S PERSPECTIVE

Melissa L. Tatum

This paper can be downloaded without charge from

The Social Science Research Network Electronic Paper Collection:

http://ssrn.com/abstract=1086104


2/41Electronic copy available at: http://ssrn.com/abstract=1086104


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segregation in public schools, and the ACLU's efforts in the 1970's toeliminate gender di~crimina tion.'~~oth the NAACP and the ACLUfollowed a carefully crafted litigation strategy in which they carefullyselected cases that enabled them to make step by step changes in lawand public opinion.132 The law would not have made the ultimatechanges necessary had the courts not believed that the majority of thepublic was ready to accept those changes. But the majority of thepublic might not have been ready for the changes had they not beennudged along by public debate, which was often fueled by the incre-mental changes in the law.

The strategies followed by the NAACP and the ACLU also illus-trate the set of three interconnected processes I set forth above: theyrecognized the negative stereotypes being used by the majority, theyrefused to accept them, and they sought to reframe the argument.These processes are often slow to find success, but when they do, thesuccess often grows deeper roots and lasts longer. The process ofchanging people's minds, especially minds in which stereotypes areingrained, is best achieved through incremental changes or throughchanges that are described in ways that minimize any "threat" theymight carry.

Since the beginning of time, people have used groups to achieveparticular purposes and have manipulated group identity to maketheir task easier. This article has explored those efforts, providingboth examples of the types of manipulations that occur and an exami-nation of why those efforts are successful. Manipulations of groupidentity are especially successful when the group in question is amarginalized, politically powerless group. Before the marginalizedgroup can seek meaningful reform or oppose particular legislativeefforts, the group must first battle against the manipulation of its iden-tity. Hopefully, this article provides some strategies for groups to usein trying to change the way they are viewed by outsiders.

131 For further examples, see Chang & Aoki, supra note 10; Valdes, supra note 10.132 For a more detailed look at these strategies, see JACK G R E E N B E R G ,RUSADERSN THECOURTS1994); FAR BER ,T AL., CONSTITUTIONALAW 2d e d. 1998); Jennifer S. Thomas, RuthGinsburg: Carving a Career Path Through Male-Dominated Legal World, 51 CONG.Q. WKLY.REP.1876 (1993); James H. Rubin, Advo cate Lawyers Make Impact Felt on U.S. Supreme Cou rt,Constitution, J . REC.,July 4, 1987.


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group identity - changing the outsider's perspective

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