If Pornography Is the Theory, Is Inequality the Practice?

Abstract

This article critically examines the 1992 decision by the Supreme Court of Canada on pornography (Butler v. the Queen). The decision, like the LEAF (Legal Education Action Fund), argues that the dehumanizing and degrading images of women in pornography undermine the achievement of gender equality and reinforce existing inequality. Section 15 of Canada's Charter of Rights and Freedoms takes precedence over Section 2(b) freedom of expression. More immediately, Section 163(8) of the Criminal Code of Canada remains the primary instrument for dealing with pornography. These arguments fail to distinguish between degradation and devaluation; they offer no evidence of a connection between pornography and its effects on gender stratification, nor do they feel obliged to offer such evidence despite the extensive literature on inequality by the social science community. Citing the Sears-Roebuck case on gender discrimination, the author demonstrates that the enemy of gender equality is the stereotype of the idealized traditional woman, not the one-dimensional lust-driven nymphomaniac of pornography. Her opposite is not the "stud" of pornography who is in a constant state of tumescence but "economic man" who sublimates his sexual passion in sports, cars, politics, and money. Censorship, it is suggested, infantilizes women and contributes to their dependency. The article comments on the doctrine of "balancing" rights and on the meaning of "equality" within a feminist context. The larger questions of a trend toward the legalization of cultural issues and the role of the judiciary (weak in European democracies but strong in the American tradition) are raised.