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92 Tul. L. Rev. 469 (2017-2018)

handle is hein.journals/tulr92 and id is 501 raw text is: Sex Quotas and Burkini Bans Darren Rosenblum* This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals. Paritd, the 2000 law that requires halfofall candidates for public ofice be women, saw French feminists first engineer a change in French universalism to respect sex diference; although not wholly successful, Pariti advanced women's political inclusion. Then, like a drop of water in a pond, these feminist ideas disappeared in plain sight: they became intrinsic to French state norms and public values. As they became woven into such norms, however politicians began to use them to promote exclusions: first excluding Muslims from full participation in the Republic with veil and burqa bans, then supporting exclusions of sex and class with a corporate board quota (CBQ). Most recently, feminist ideas have been called upon to exclude French Muslims with proposed burkini bans. I. INTRODUCTION. ...............................469 II. PARt: FEMINISM ENTERS THE STATE .......... ......471 III. How FEMINISM EXCLUDES: THE VEIL AND BURQA BANS ........474 IV. THE CBQ ...................................482 A. State Feminism: The Adoption of the CBQ..................482 B. Feminism Transformed: The Corporate Board Quota 's Effects ...........................487 1. Who Profits? .........487 2. Who Pays?........................489 V. FEMINISM AND BURKINIS .................... .....490 VI. THE 2017 ELECTIONS: A TURN TO LIBERAL INCLUSIVITY? .......495 VII. CONCLUSION ........................... .....496 I. INTRODUCTION This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals to advance exclusions of Muslims. The 1789 D&laration des droits de l'homme et du citoyen (Declaration of the Rights of Man and of the Citizen) defines all * © 2017 Darren Rosenblum. Professor at the Haub Law School at Pace University. The author wishes to thank Janet Halley and Rachel Rebouch6, as well as Laure Bereni, Stephanie Hennette Vauchez, and Julie Saada. Crucial research support was provided by Briana Costa, Kristyn Francese, and J6r6me Orihac. 469

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