ABSTRACT

Nation-states such as the US, as well as individuals, can have feminist fundamentalist commitments. Feminist fundamentalism could be made with respect to any number of other constitutional orders, including Canada and the European legal systems the author have studied as a comparativist, but it would need to be made in a culturally as well as legally specific way. In the nineteenth and early twentieth centuries, Justices of the Supreme Court had been willing to go along with society's sex-role stereotyping. The Apostolic Lutheran parents who unsuccessfully litigated in federal court to stop boys from taking home economics were worried about more than Women's Liberation. The religious right could make common cause with the Fundamentalist Church of the Latter Day Saints (FLDS) religiously based conformity to traditional sex roles and patriarchal authority; the secular left could focus instead on the ways in which the FLDS was non-conforming and culturally distinct.