I do believe that equality before the law is, and ought to be, the ideal. This would necessarily imply that all affirmative action principles and other preferences for women (such as the ludicrous presumption that women do not lie about rape, domestic violence, sexual harassment, and molestation) be weeded out of the courts in both principle and practice.
However, such an equality under the law would necessarily result in inequality of results. Men and women, not being the same, necessarily cannot be equal if their ability to secure certain outcomes is the measuring stick for "equality." And what is more, NOBODY - not even feminists - believes that men and women are equal, using that measuring stick.
First, note that the very structure of the law under feminism puts the whole world on notice that feminists consider women to be inferior to men. Feminists structure VAWA in such a way that a woman who makes an allegation is presumed to be a victim, even without the presentation of any evidence. The standard of evidence for obtaining a restraining order under VAWA - which could cost a man (because only men fall into this buzz-saw - that's the way feminists set it up) his home, his children, his marriage, his income, his reputation, and often his freedom - is the "subjective fear of the woman."
Yet if I do so little as proffer an insurance claim which winds up in court, I will be required to produce voluminous evidence to back up may claims or risk, not only losing my claim, but perhaps being charged with insurance fraud. That women are expected to receive the benefit of the doubt when making criminal and quasi-criminal allegations (and, that this is the feminist IDEAL for them to receive said benefit of the doubt) demonstrates clearly that feminists believe that women have a problem with truth-telling, and are thus morally inferior to men.
If feminists really believed that women are as adept at telling the truth as men are, why would they seek to LOWER the standard of evidence for one of the most serious allegations that a man can face to a standard below that required for an insurance claim or a property dispute? Aren't feminists admitting that they doubt the veracity of women (which may not be a bad idea, at least if one asks the Duke Lacrosse team or Dominic Strauss-Kahn or even the Casey Anthony jury) in seeking to have them be believed just because they make claims?
Further, all legal and cultural restrictions/incentives that imply that I should hire/promote merely based on gender is again a backhanded admission that without such restrictions/incentives, women COULD NOT attain such positions or promotions, and again is an implicit admission by feminists that they believe women to be inferior in the workplace. So feminist policy shows clearly that even feminists do not believe women to be equal with men.
But secondly, though feminists will brazenly and obnoxiously proclaim from every housetop that "women can do anything a man can do," I have never been in a personal conversation with someone making that outrageous claim but what the claim has not been immediately followed by a series of caveats....
"... but of course, you can't expect a woman to be able to lift as much as a man...." (this one admission, alone, philosophically destroys the equality argument, in my opinion, since physical strength and stamina necessarily influence, though not necessarily determine, every other ability in life)
"... but of course, social structures have hindered women from attaining fame and fortune as inventors and scientists...." (as if men have not accomplished everything in history against opposition, i.e., talk to Luther, Columbus, Einstein, Churchill, Reagan, or even Johnny Unitas or Joe Namath about how the world just rolled over and encouraged their accomplishments)
"... but of course, the good-old-boy network excludes women from participation...." (as if women, if they were "all that" and twice as bright as men to boot, would not have long ago discovered that the solution to this problem is the establishment of a good-old-girl network to compete against, and ultimately annihilate, the good-old-boy networks)
"... but of course, opportunities have been denied to women...." (because of course, men, at birth, receive a giftwrapped box with opportunity enclosed in it)
But the point should be pretty clear - if you are my equal, you are my equal no matter what. And every caveat that you can attach to your statement of "I am equal to you" is merely an admission that you realize you are NOT equal to me.
For instance, I was recently regaling my wife with stories of what a great basketball player I am, when I said:
"I am every bit the equal of Michael Jordan in every way, but, of course, I have never dunked the ball; and of course, the NBA conspired against me to keep me out of professional basketball; but that is because I am only 6'1, white, and can't jump as high as many NBA players; and so, of course, I never won an NBA championship. But the truth is, I am the equal of Michael Jordan in every way."
I would submit that the nonsensical warblings of feminists about female equality with men are about equally as credible. And the truth is, feminist claims of the equality of women, when it comes to ability, are much more an attempt to convince themselves than they are a justifiable attempt to convince the rest of us.
People who believe in justice will always be committed to genuine equality of men and women before the law. But people who have an intellect more mature than a 12-year old's and who do not fear reality recognize that such equality before the law will necessarily result in a wide practical inequality between the sexes.
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