The Public-Private Divide in the Age of Identity Politics

Abstract

This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a non-negotiable value by proponents of identity politics, who are prepared to limit fundamental freedoms to uphold it. Utilizing Francis Fukuyama’s distinction between “lived experience” and “shared experience,” the article proposes a reinterpretation of the anti-discrimination principle aimed at cultivating shared liberal citizenship. It scrutinizes decisions by Supreme Courts around the globe concerning the denial of wedding cake services to gay couples as a case study. These legal battles exemplify how cultural disputes are reshaping the public-private divide and highlight the need for principles that can justly reconcile freedom and equality in an era marked by intense cultural wars and deepening political division. The article suggests several principles that could assist courts in mitigating the political tensions inherent in cases fueled by cultural conflicts.