Debunking The Myth of Universal Male Privilege

DEBUNKING THE MYTH OF UNIVERSAL MALE PRIVILEGE
Jamie R. Abrams*
Existing legal responses to sexual assault and harassment in the military have
stagnated or failed. Current approaches emphasize the prevalence of sexual assault
and highlight the masculine nature of the military’s statistical composition and
institutional culture. Current responses do not, however, incorporate masculinities
theory to disentangle the experiences of men as a group from men as individuals.
Rather, embedded within contestations of the masculine military culture is the un-
stated assumption that the culture universally privileges or benefits the individual
men that operate within it. This myth is harmful because it tethers masculinities to
military efficacy, suppresses the costs of male violence to men, and positions women
as perpetual outsiders.
Debunking the myth of universal male privilege in heavily masculinized institu-

tions would advance gender equality and shift the law reform focus. It would bring
sexual assault, domestic violence, and sexual harassment into the same frame as
the military mental health crisis and even mass solidier-on-soldier shootings. This
would reveal the gender equality implications of military mental health and disen-
tangle masculinities and military efficacy. Debunking the myth of univeral male
privilege would yield more vigilance to how law reforms can exacerbate hyper-mas-
culine violence. It introduces new entry points to gendered violence in the military,
expanding the focus from incident-based responses to recruiting and training.
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
I. DEBUNKING THE MYTH OF UNIVERSAL MALE PRIVILEGE
TO ACHIEVE FEMINIST LAW REFORMS . . . . . . . . . . . . . . . . . . 306
A. The Limits of Feminist Theory Alone in Masculinized
Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
B. Applying a Masculinities Lens to Feminist Law
Reforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
II. THE HARMS OF PERPETUATING THE MYTH OF UNIVERSAL
MALE PRIVILEGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
* Jamie R. Abrams (LL.M., Columbia University School of Law, 2011; J.D., American
University Washington College of Law, 2002; B.A., Indiana University—Bloomington) is a law
professor at the University of Louisville Louis D. Brandeis School of Law. The author thanks
participants in the AALS Mid-Year Meeting Workshop on Next Generation Issues of Sex,
Gender, and the Law (Orlando 2015), Law and Society Annual Meeting Feminist Legal
Theory CRN (Seattle 2015), Regional Junior Faculty Workshop (University of Cincinnati
College of Law 2015), University of Kentucky Developing Ideas Workshop (2013), and
Conference on Applied Feminism (University of Baltimore 2013), and Albertina Antognini,
Ann McGinley, and Luke Milligan for feedback on earlier drafts. The author extends a
special thanks to Carol Allen, Kristin Birkhold, Brittany Hampton, Kimberly Balkcom, Annie
Malka, and Corey Shiffman for their invaluable editing and research support and to the
University of Louisville Brandeis School of Law for grant support.
303
304 University of Michigan Journal of Law Reform [VOL. 49:2
A. The Myth Falsely Tethers Masculinitiy and Military

Efficacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
B. The Myth Suppresses the Costs of Male Violence
to Men . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
C. The Myth Leaves Women as Pereptual Outsiders . . . . . . 321
III. FROM STAGNANT MYTHS TO LASTING INSTITUTIONAL
REFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
A. Tethering Gender Equality To Military Efficacy . . . . . . . 325
B. Exposing the Risks of Exacerbating Gendered Violence . 329
C. Shifting from Incident-Based Reforms to Training
and Recruiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
INTRODUCTION
Existing responses to gendered violence in the military have stag-

nated at best and failed at worst.1 Extensive feminist advocacy has
challenged the masculine military culture, which has left military
women excluded, assaulted, harassed, and marginalized.2 Although
specific law reforms have changed over time, the contours of the
debate remain the same—feminists contest the masculine military
culture and seek women’s inclusion, and military leaders defend
the existing culture as essential to military efficacy. This approach
perpetuates the myth that the masculine military culture universally
privileges or benefits the individual men that operate within it.
Effective law reform proposals must debunk this myth to advance
gender equality. Feminist law reforms must examine heavily mascu-
linized institutions through an added masculinities lens. A
1. See, e.g., Jerri L. Fosnaught, Domestic Violence in the Armed Forces: Using Restorative Medi-
ation as a Method to Resolve Disputes Between Service Members and their Significant Others, 19 OHIO
ST. J. DISP. RESOL. 1059, 1059–60 (2004) (“Every couple of years the media publishes a story
highlighting the problem, and Congress or the armed forces respond by unveiling new re-
forms. . . . [T]hese reforms have failed to sufficiently address the reasons why service
members resort to domestic violence more often than their civilian counterparts.”) (foot-
notes omitted); 1IN6, Inc., 13 Reasons Why Sexual & Domestic Violence is Not Just a Women’s Issue,
THE GOOD MEN PROJECT (Jan. 30, 2014), http://goodmenproject.com/featured-content/cc-
sexual-domestic-violence-is-not-just-a-womens-issue (“After 40 years of an organized violence
against women’s movement there is still an enormous amount of sexual and domestic vio-
lence; where do we go from here?”); Eric R. Carpenter, The Military’s Sexual Assault Blind Spot,
21 WASH. & LEE J. C. R. & SOC. JUST. 383, 384 (2015) (“Over the past two decades, new sexual
assault scandals have been followed by familiar assurances and Congress’s patience has finally
run out. . . . Why is it that those in the military say they are taking the problem seriously, but
after more than twenty years, it does not seem like much has changed?”).
2. See, e.g., Jamie R. Abrams, Migrating and Mutating Masculinities in Institutional Law
Reforms, in EXPLORING MASCULINITIES: FEMINIST LEGAL THEORY REFLECTIONS 145 (M. Fineman
& M. Thomson eds., 2013).
WINTER 2016] Debunking Universal Male Privilege 305
masculinities lens reveals how male power and status are con-
structed and how the quest to attain idealized masculinities is
sustained. Moreover, a masculinities lens exposes not only how men
as a group create and sustain power within a particular institution
(e.g., military, police, fraternity), but also how most men as individ-
uals feel quite powerless and inadequate when they experience
pressure to attain those dominant institutional masculine
characteristics.
Leaving the myth of universal male privilege unaddressed creates
a false gender binary. It frames women as outsiders, breaking into a
male institution, and casts men as insiders, defending the institu-
tional culture as necessary to military efficacy. Problematically, it
tethers military efficacy to masculinity, positioning women’s mean-
ingful institutional integration as a threat both to masculinity and
to military efficacy. Perpetuating this myth of universal male privi-
lege is not only divisive and unproductive, but it also threatens to
yield flawed legal reforms.
Injecting a masculinities lens to feminist law reforms reveals that
previously segmented and isolated reform projects working to ad-
dress sexual assault, domestic violence, veteran suicides, and mass
military base shootings are more interconnected than previously
understood. It broadens the frame, suggesting that beneath the
well-documented military mental health crisis3 lies a stark reality
that combat violence is not an inherently or innately masculine act.
Bringing this realization to the surface frames the military more ac-
curately and inclusively. Thus, applying a masculinities lens to
feminist law reforms reveals that male military service is actually
tightly constructed around male vulnerability, human dependency,
and caregiving.
Part I reveals the limits of feminist law reforms alone in changing
masculinized institutions and explains how an added masculinities
lens might strengthen and supplement feminist law reforms. Part II
identifies the harms of perpetuating the myth of universal male
privilege. Part III envisions the move from stagnant myths to lasting
law reforms. It considers how gender equality might be directly
tethered to military efficacy, but cautions against law reforms that
3. See, e.g., RAND CTR. FOR MILITARY HEALTH POLICY RESEARCH, INVISIBLE WOUNDS OF
WAR: PSYCHOLOGICAL AND COGNITIVE INJURIES, THEIR CONSEQUENCES, AND SERVICES TO ASSIST
RECOVERY 5 (Terri Tanielian & Lisa H. Jaycox eds., 2008); Mark C. Russell, Investigating the
Root Causes and Negligence in a Military Mental Health Crisis, HUFFINGTON POST (Aug. 16, 2012),
http://www.huffingtonpost.com/mark-c-russell-phd-abpp/military-mental-health-crisis_b_17
74005.html (describing the situation surrounding the mental health needs of United States
military personnel as a “mental health crisis”).
risk exacerbating gendered violence. Part III concludes with a pro-

posed shift from incident-based responses to training and
recruiting.
I. DEBUNKING THE MYTH OF UNIVERSAL MALE PRIVILEGE TO

ACHIEVE FEMINIST LAW REFORMS
Debunking the myth of universal male privilege is an essential,

but missing, first step to advancing gender equality in masculinized
institutions. To advance gender equality we must apply a masculini-
ties lens to reform initiatives. Without this masculinities lens,
feminist law reforms may not examine the underlying masculinities
imperatives that shape institutions, thereby limiting the likelihood
of meaningful institutional change.
A. The Limits of Feminist Theory Alone in Reforming

Masculinized Institutions
Feminists have worked for decades to reform the military by fo-

cusing squarely on the endemic sexual assault, harassment, and
domestic violence perpetrated by men against women in military
service.4 The number of reported sex crimes in the military is in-
deed sobering and troubling.5 Inevitably, in response, other
4. See, e.g., Noya Rimalt, Women in the Sphere of Masculinity: The Double-Edged Sword of
Women’s Integration in the Military, 14 DUKE J. OF GENDER L. & POL’Y, 1097 (2007) (“The armed
masculinity of contemporary soldiering remains a cultural construct constituted in hostile
opposition to femininity.”); Judith E. Beals, UNDERSTANDING THE MILITARY RESPONSE TO DO-
MESTIC VIOLENCE: TOOLS FOR CIVILIAN ADVOCATES, BATTERED WOMEN’S JUSTICE PROJECT 4, 17
(2007), http://www.bwjp.org/assets/understanding-military-response-domestic-violence.pdf;
Linda D. Kozaryn, DoD Targets Domestic Violence, ARMED FORCES PRESS SERV. (Jul. 30, 1996),
http://archive.defense.gov/news/newsarticle.aspx?id=40762; THE FACTS ON THE MILITARY
AND VIOLENCE AGAINST WOMEN, FUTURES WITHOUT VIOLENCE, http://www.futureswithoutvio
lence.org/userfiles/file/Children_and_Families/Military.pdf.
5. From just 2011 to 2012, the number of sexual crimes in the military rose 34.5% to
26,300 assaults from 19,300. GET THE FACTS ON MILITARY RAPE, ASSAULT AND OTHER SEXUAL
OFFENSES, PROTECT OUR DEFENDERS (2012) http://protectourdefenders.com/images/POD
_FactSheet.pdf. A review of military base records reveals a culture of chronic lack of enforce-
ment of sexual violence in the military. Of those convicted, only one-third were incarcerated.
Thirty received only a letter of reprimand. Yuri Kageyama & Richard Lardner, Documents
Reveal Chaotic Military Sex-Abuse Record, AP NEWS, (Feb. 9, 2014), http://usat.ly/LMh9tD (doc-
umenting the story of how officers prosecute and punish under existing justice systems by
analyzing records between 2005 and early 2013). A review of 1,000 cases of sexual abuse
concluded that only 244 service members documented any punishment. From 2011 to 2012,
the number of perpetrators convicted of sexual assault dropped from 1% in 2011 to 0.9% in
2012—a 10% percent decrease. Get the Facts on Military Rape, Assault and Other Sexual Offenses:
Fact Sheet from 2012 Department of Defense Sexual Assault Prevention and Response Office Annual
scholars (often experienced military personnel) refute the severity

of the endemic or propose some procedural tinkering around the
margins of the behemoth military institution.
Feminist approaches to military reform have not yet challenged
the myth of universal male privilege directly. Without understand-
ing the complexities of governing masculinities within institutions,
feminist goals can be thwarted and collateral consequences can
result.
Feminist strategies have achieved formal integration, but not cul-
tural or substantive equality.6 In 1996, feminist litigation
successfully challenged the exclusion of women from the Virginia
Military Institute (VMI), an elite, male-only public military school.
The Supreme Court addressed women’s exclusion, holding that al-
tough not all, or even most, women would likely pursue the
adversarial military training that VMI offered, qualified women
must be given consideration for admission consistent with Equal
Protection guarantees.7 Because Virginia had no substantially
equivalent educational opportunity available to women, VMI’s ex-
clusionary admission policy was held unconstitutional.8 The Court
did not explicitly prohibit single-sex education, but it found that in
this case, a separate women’s program was incomparable because it
did not follow the adversarial method or have the same elite status
or backing of VMI.9
Report, PROTECT OUR DEFENDERS, http://protectourdefenders.com/images/POD_FactSheet.

pdf. These numbers are likely under-representative because fear of retaliation or reprisal
perpetuates a culture of non-reporting. Even in that context of under-reporting and under-
enforcement, thirty percent of terminated military commanders who were fired over the past
eight years lost their jobs because of sexually related offenses, including harassment, adul-
tery, and improper relationships. Military families suffer from domestic abuse at a
significantly higher rate than non-military families. See, e.g., Richard E. Heyman & Peter H.
Neidig, A Comparison of Spousal Aggression Prevalence Rates in U.S. Army and Civilian Representa-
tive Samples, 67 J. OF CONSULTING & CLINICAL PSYCHOL. 239, 239 (1999); Christine Hansen, A
Considerable Service: An Advocate’s Introduction to Domestic Violence & the Military, 6 DOMESTIC
VIOLENCE REPORT 2 (2001); NAT’L CTR. ON FAMILY HOMELESSNESS, UNDERSTANDING THE EXPE-
RIENCE OF MILITARY FAMILIES AND THEIR RETURNING WAR FIGHTERS: MILITARY LITERATURE &
RESOURCE REVIEW 10–11 (2010).
6. On December 3, 2015, Defense Secretary Ash Carter announced that there would be
no exceptions granted to the full military integration of all women; the full integration would
proceed jointly among all branches. He reported that while all jobs will be open to women in
30 days, “it will take months and years for some units to feel the true effects of integration in
combat deployments, as today’s incoming women rise from recruits and go through their
specialty training and proceed on into their careers.” Kevin Baron, No Exceptions; Defense Chief
Opens All Military Jobs to Women, Defense One (Dec. 3. 2015), http://www.govexec.com/de
fense/2015/12/military-opening-all-combat-jobs-women/124175/.
7. See United States v. Virginia, 518 U.S. 515, 520–21, 540–41 (1996).
8. Id. at 535, 552.
9. Valorie K. Vojdik, Girls’ Schools After VMI: Do They Make the Grade?, 4 DUKE J. GENDER
& L. POL’Y 69, 70 (1997).
The admission of women to VMI revealed the limitations of for-

mal equality feminist approaches alone within heavily masculinized
institutions.10 Although women won equal admission to VMI, noth-
ing about the formal equality victory transformed the underlying
culture into which women would enter.11 The equal protection is-
sue presented to the court did not address how the formal
exclusion of women “perpetuates the mistaken belief that women
are inherently different than men, not only in their cognitive abili-
ties but in temperament, personality, and psychology.”12 It
presumed that the institutional approach benefited the men within
its walls universally and failed to explain why women wanted access.
The case thus left women knocking on the door of an all-male insti-
tution, and it left uncontested the presumption that the
institutional norms privileged men universally.
Although critiques of formal equality are not new, applying a
masculinities lens to feminist reforms reveals not only the limits of
formal equality, but also the risks of approaches that do not directly
contest the underlying masculinities imperatives. Even successful
law reform projects can yield collateral consequences by perpetuat-
ing gendered stereotypes and masculinizing institutions. Examples
of these collateral consequences can be seen in the context of rape
and domestic violence law reforms. As University of Colorado Law
Scholar Aya Gruber has argued, feminist law reforms addressing
rape and domestic violence intersect with the criminal justice sys-
tem in ways that became “less about critiquing the state and
society’s treatment of women and more about allying with police
power to find newer and better ways of putting men, who them-
selves often occupy subordinate statuses, in jail.”13
Feminist reforms have successfully achieved systemic and formal
state intervention in domestic violence, overcoming the dominant
narrative of non-intervention, which privileged male power over the
family.14 However, these reforms also layered domestic violence law
10. Id. at 71. See generally LEIGH GOODMARK, A TROUBLED MARRIAGE (2012).
11. See, e.g., Benedict Carey, While at War, Female Soldiers Fight to Belong, N.Y. TIMES (May
24, 2015), http://nyti.ms/1KtEKLG (documenting rises in women’s depressive symptoms af-
ter deployment, which “beg us to account for why there’s this apparent surge in felt
hopelessness and alienation among so many women service members during deployment”).
The article describes gender-based tensions navigating the military culture. The culture
teaches men to “Do your part, keep your head, cover your buddy’s back—and you’re in.” A
woman, however, is “treated like a girl, and yet [she] can’t really be a woman—that’s the
feeling.”
12. Vojdik, supra note 9, at 70.
13. Aya Gruber, A “Neo-Feminist” Assessment of Rape and Domestic Violence Law Reform, 15 J.
GENDER RACE & JUST. 585 (2012).
14. But see Carolyn Ramsey, The Exit Myth: Family Law, Gender Roles, and Changing Attitudes
Toward Female Victims of Domestic Violence, 20 MICH. J. OF GENDER & L. 1 (2013).
reforms on paradigmatically masculine law enforcement agencies

and a conservative crime control agenda, which complicated and
transformed law reform outcomes.15 The reforms positioned mascu-
linized law enforcement agencies as surrogate protectors of women
and families, placing men as both perpetrators and protectors and
reinforcing dominant masculinity norms—not gender equality. Do-
mestic violence reforms engaged in line drawing within the
criminal law reform agenda, entrenching masculinized violence. It
also reinforced the characterization of women as universally vulner-
able to victimization and men as universally prone to violence and
insulated from victimization.16
As explored in the next Part, making masculinities visible within
law reforms facilitates more sustained and pervasive law reform suc-
cesses and addresses the underlying gender dynamics of
vulnerability and violence.17
B. Applying a Masculinities Lens to Feminist Law Reforms
It is critical to integrate masculinities theory into feminist re-

sponses to gendered violence within heavily masculine
institutions.18 This means directly studying how male power struc-
tures are constructed and retained within institutions. Feminist law
reforms that fail to systemically consider masculinities are
insufficient.19
Feminist theory historically addressed the subordination of
women by men and by the state. Masculinities theory developed as
distinct—at times even divergent—strands of scholarship, particu-
larly within “men’s rights” masculinities.20 Today, masculinities
theory is better understood as an ally to feminist theory.21 Scholars
15. Abrams, supra note 2, at 145.

16. Id.
17. Id.
18. See Judith Kegan Gardiner, Introduction, in MASCULINITY STUDIES & FEMINIST THEORY:
NEW DIRECTIONS 1 (Judith Kegan Gardiner ed., 2002) (discussing how to “help feminist theo-
ries break free from theoretical impasses”).
19. See Lee H. Bowker, On the Difficulty of Eradicating Masculine Violence, in MASCULINITIES
AND VIOLENCE 1–2 (Lee H. Bowker ed., 1998).
20. See Gardiner, supra note 18, at 3. Many masculinities scholars have argued that
women and men should support feminist projects interrogating masculinities because all
men are harmed by dominant conceptions of masculinities. Id. at 5–6.
21. See id. at 5 (“Profeminist men argued that men should support feminism because
most are harmed by idealizing the characteristics of socially powerful men and by defining
the masculine in opposition to women and subordinate men, especially homosexuals and
men of color.”).
of both theories generally agree that unpacking the binaries of po-

litically and socially constructed roles of men and women is a
mutually beneficial goal.22 Although feminist theory and masculini-
ties theory are compatible conceptually,23 meaningful techniques to
incorporate and apply them consistently in practice are still
emerging.24
Masculinities scholarship critically examines how men, as individ-
uals, do not feel privileged.25 Masculinities examine how men have
power over women as a group, how certain practices “maintain
group power,” and how individuals engage in masculine practices.26
Altough men may be dominant and powerful as a group, most men
do not feel powerful as individuals.27 Rather, dominant norms per-
petuate an idealized masculinity that very few men actually meet.28
It is the very quest to achieve those norms that sustains them. The
hierarchies require,
everyone to take part, if the system is to continue. The people

who choose [ ] not to go along, who opt out of being caught in
the cycle are castigated and shamed because each person who
22. See id. (“[T]hus the assumption that feminist thinking and masculinity were entirely
mutually antagonistic was not entirely unfounded, but not entirely accurate either.”).
23. See id. at 5–6. Likewise, feminist theorists today incorporate masculinities as “an ana-
lytic dimension” to feminist frameworks. See id.
24. See generally Nancy Dowd, Ann McGinley & Nancy Levit, Feminist Legal Theory Meets
Masculinities Theories, in MASCULINITIES AND THE LAW: A MULTIDIMENSIONAL APPROACH (Frank
Rudy Cooper & Ann C. McGinley eds., 2012). The robust group of scholars and scholarship
doing this work using masculinities theory as a tool to achieve sustained feminist law reforms
is too voluminous to record here. The UNLV William S. Boyd School of Law Wiener-Rogers
Law Library houses a comprehensive bibliography of masculinities works on its Scholarly
Commons available at http://scholars.law.unlv.edu/mml/2011/events/3. For a representa-
tive sampling of scholars using masculinities theories to advance feminist law reform
initiatives, see generally Deborah Brake, Sport and Masculinity: The Promise and Limits of Title IX,
in MASCULINITIES AND LAW: A MULTIDIMENSIONAL APPROACH 207 (Frank Rudy Cooper & Ann
C. McGinley, eds. 2011); NAOMI CAHN, DINA FRANCESCA HAYNES & FIONNUALA NI AOLAIN, ON
THE FRONTLINES: GENDER AND POST CONFLICT RECONSTRUCTION (2011); NANCY E. DOWD,
REDEFINING FATHERHOOD (2000); Ann C. McGinley, Harassment of Sex(y) Workers: Applying Title
VII to Sexualized Industries, 18 YALE L. J. & FEMINISM 65 (2006); Kim Shayo Buchanan, Beyond
Modesty: Privacy in Prison and the Risk of Sexual Abuse, 88 MARQ. L. REV. 751 (2005); David S.
Cohen, Keeping Men “Men” and Women Down: Sex Segregation, Anti-Essentialism, and Masculinity,
33 HARV. J. L. & GENDER 509 (2010); Frank Rudy Cooper, “Who’s the Man?”: Masculinities
Studies, Terry Stops, and Police Training, 18 COLUM. J. GENDER & L. 671 (2009).
25. See, e.g., Nancy Dowd, Masculinities and Feminist Legal Theory, 23 Wis. J. of L. Gen-
der & Soc’y 213 (2008).
26. Dowd, et al., supra note 24, at 26.
27. See Dowd, supra note 25, at 213 (discussing the contributions of Michael Kimmel to
masculinities theory).
28. See id. at 210.
leaves the system shows just how broken it really is; it makes it
harder and harder to paper over the cracks.29
Masculinities–the unique ways in which men express their identi-

fied manhood through behaviors and norms in relational
settings–come into existence at particular times and places and are
always subject to change.30 They are fluid and relational.31 For that
reason particularly, addressing male institutional violence in the
military requires systemic study.32 Applying a masculinities lens
deepens the inquiry within institutions and broadens the scope of
law reform.33 Masculine norms might be framed differently from
the Army to the Navy to the Air Force, for example. Masculinities
manifest differently from the military to the family as well. And
surely historic military masculinities differ from modern military
masculinities.
Masculine violence, in particular, operates on multiple systematic
levels, many of which are not adequately contemplated in existing
law reform approaches. “[I]ndividuals, programs, and institutions
generally fail to extinguish masculine violence because their ame-
liorative efforts usually focus on a single system level of action,
whereas masculine violence has roots in multiple system levels.”34
Institutions like the military are deeply stressful and even violent for
all men. But why do some men respond to masculine pressures with
hyper-masculine violence, while most do not?
When men fail to conform to unachievable masculine impera-
tives, it can trigger hyper-masculine acts. Hyper-masculinity is a
theory of exaggerated masculinity expressed as a manifestation of
insecurities.35 When individual men feel their masculinity has been
threatened or masculine norms are unattainable, they might feel
29. Harris O’Malley, Defining a Modern Masculinity, THE GOOD MEN PROJECT (Feb. 9,
2014), http://goodmenproject.com/featured-content/defining-modern-masculinity-hesaid.
30. R.W. CONNELL, MASCULINITIES 185 (2005).
31. See id. at 76, 79.
32. See Michael Buchhandler-Raphael, Breaking the Chain of Command Culture: A Call for
an Independent and Impartial Investigative Body to Curb Sexual Assaults in the Military, 29 WIS. J.L.
GENDER & SOC’Y 341, 345 (2014) (analyzing military sexual assault reforms, while expanding
the lens “to connect the problems concerning reporting and investigation of military sexual
assaults with broader issues pertaining to general rape law reform in the civilian system”).
33. See generally Francine Banner, Institutional Sexual Assault and the Rights/Trust Dilemma,
13 CARDOZO PUB. L. POL’Y & ETHICS 97 (2014) (“[D]espite that sexual violence is a concern
common across numerous and varied institutions, however, there has been little impetus
toward a holistic approach to dealing with rape and sexual assault.”); see also Ashley Anderson
& Elizabeth Deutsch, Opinion, Stop Assaults on Military Campuses, N.Y. TIMES, May 13, 2015, at
A23 (arguing for Title IX approaches to apply to military campuses).
34. Bowker, supra note 19, at 1 (proposing an approach to attacking masculine violence
across five systems, including economics, social, cultural, and personality systems).
35. JOSEPH H. PLECK, THE MYTH OF MASCULINITY 96 (1981).
“guilty, ashamed and—critically—hostile.”36 Hyper-masculine acts

occur when an individual “doubles down” on hegemonic masculine
traits in response to this sense of inadequacy (e.g., body building,
dominance, homophobia).37 Most relevant to this Article’s thesis,
perceived masculine inadequacy can lead to hyper-masculine ex-
pressions of violence, such as domestic violence and sexual
assault.38
Only by adding a masculinities lens to feminist reforms can we
reveal and understand how problematic masculine imperatives can
yield hyper-masculine acts. An added masculinities lens catalyzes
more effective law reform responses by exposing critical complexi-
ties, layers, and power dynamics not previously seen through
feminist theory alone.
II. THE HARMS OF PERPETUATING THE MYTH OF UNIVERSAL

MALE PRIVILEGE
Applying a masculinities lens to feminist law reforms highlights

the harms of perpetuating the myth of universal male privilege.
These harms include wrongly tethering military masculinities to
military efficacy, suppressing the costs to men of masculine vio-
lence, and perpetually framing women as outsiders.
A. The Myth Falsely Tethers Masculinitiy and Military Efficacy
Perpetuating the myth of universal male privilege is problematic

because it falsely tethers masculinity to military efficacy. If the mod-
ern military is strong and effective while seemingly rooted in a
dominant masculine warrior paradigm, then it falsely links mascu-
linity to efficacy. The military historically tethered masculinity to
36. O’Malley, supra note 29 (emphasis omitted).

37. Michael S. Kimmel, Masculinity as Homophobia: Fear, Shame, and Silence in the Construc-
tion of Gender Identity, in SEX, GENDER AND SEXUALITY: THE NEW BASICS 61 (Abby L. Ferber,
Kimberly Holcomb & Tre Wentling eds., 2009).
38. See generally Angela P. Harris, Gender, Violence, Race, and Criminal Justice, 52 STAN. L.
REV. 777, 781 (2000) (describing how men use violence or the threat of violence as a way of
“proving individual or collective masculinity, or in desperation when they perceive their mas-
culine self-identity to be under attack”). Hyper-masculinity has been used to explain some
acts of male violence, extreme conservative viewpoints, and bodybuilding behaviors, to name
a few. PLECK, supra note 35, at 96. Research has revealed, for example, “that the risk of do-
mestic violence in relationships rises when the man feels that he’s no longer the primary
breadwinner, especially when his wife earns equal or greater income—thus losing a critical
aspect of his masculine identity.” O’Malley, supra note 29.
military service directly. Early military service was central to mascu-

linities and to citizenship alike.39 Military service was the
institutional site where men became citizens and boys became
men.40 Military service formally excluded women because they were
not political citizens.41 This created a gendered binary within mili-
tary service wherein men were positioned as warriors, defenders,
and protectors; whereas, women served as vulnerable caregivers in
the private sphere.42
The political framing of military service changed dramatically af-
ter the Civil War when the military formally became an all-volunteer
force.43 Male military service was no longer directly tethered to local
militias due to national compulsory registration and draft obliga-
tions.44 Still, tethering masculinity to military service persisted.
Masculinity still pervades and defines the military even though it
is no longer a formal male institution nor a means for performing
republican citizenship.45 The modern military is formally the most
39. See, e.g., Jamie R. Abrams, Examining Entrenched Masculinities Within the Republican
Government Tradition, 114 W. VA. L. REV. 165 (2011).
40. See, e.g., R. CLAIRE SNYDER, CITIZEN-SOLDIERS AND MANLY WARRIORS: MILITARY SERVICE
AND GENDER IN THE CIVIC REPUBLICAN TRADITION 89–91 (1999); see also Carol Cohn, Gays in
the Military: Texts and Subtexts, in THE “MAN” QUESTION IN INTERNATIONAL RELATIONS 142–45
(1998) (explaining how the military has historically been a site to “make men out of boys”).
Our republican system of government itself was founded on the notion that men gain the
right to self-governance through their citizen service as soldiers, jurors, and public officials.
See, e.g., Abrams, supra note 39, at 168–75. See also Pamela S. Karlan, Ballots and Bullets: The
Exceptional History of the Right to Vote, 71 U. CIN. L. R. 1345, 1348 (2002) (explaining how
voting and military service were “complementary aspects of running the nation in peace and
in war” and that relationship was “bidirectional: the obligation for future military service, as
much as the performance of past duties, conferred a right to vote”).
41. See, e.g., Abrams, supra note 39, at 175–78. Women were instead seen as vulnerable
caregivers. It was distinctly women’s role in the family unit that supported military exclusion.
John Adams summarized this in his famous 1776 letter to James Sullivan, stating that “men
are fit for the hardy enterprises of war, as well as the arduous cares of state,” while women’s
“attention is so much engaged with the necessary nurture of their children that nature has
made them fittest for domestic cares.” WOMEN’S RIGHTS IN THE UNITED STATES, A DOCUMEN-
TARY HISTORY 23 (Winston E. Langley & Vivian C. Fox, eds., 1994). This binary has persisted
throughout women’s military exclusion.
42. Sara Ruddick, Mothers and Men’s Wars, in ROCKING THE SHIP OF STATE: TOWARD A
FEMINIST PEACE POLITICS 77 (Adrienne Harris & Ynestra King eds., 1989) (explaining how war
mythically portrays men as “warriors” who are sacrificing and courageous).
43. See DAVID BURRELLI, CONG. RESEARCH SERV., R42075, WOMEN IN COMBAT: ISSUES FOR
CONGRESS 2 (2012); see also Abrams, supra note 39, at 178–81 (describing the impact of the
Civil War on military enlistment).
44. The National Defense Act of 1916 further empowered the president to institute a
wartime draft. SNYDER, supra note 40, at 99–100. The 1917 Selective Service Draft Act re-
quired all men to register for the national draft. Id. at 100.
45. HELENA CARREIRAS, GENDER AND THE MILITARY: WOMEN IN THE ARMED FORCES OF
WESTERN DEMOCRACIES 43 (2006); KAREN O. DUNIVIN, Military Culture A Paradigm Shift, No. 10,
AIR WAR COLLEGE, Feb. 2007, at 19–20, http://www.au.af.mil/au/awc/awcgate/maxwell/
mp10.pdf.
inclusive military in history.46 Yet it is still largely designed around

masculinity47 and is entrenched in a “combat, masculine-warrior”
paradigm that “tacitly endorse[s] excluding others who contradict
their image of the combat, masculine warrior.”48
These framings are flawed and inaccurate in modern times. Mili-
tary service has always reflected deep gender binaries, but often
mythical or inaccurate ones.49 It has been a basis to produce “exem-
plary masculinities.”50 Despite the cultural framing of military
service in a heroic warrior lens, “we would be sadly misled if we
believed military operations actually work on the basis of crusading
heroism . . .. the techniques of industrialized war have almost noth-
ing to do with the conventions of individual heroism.”51 Rather,
today, very few men take part in war as it is storied.52
The modern military is a powerful political, legal, and social insti-
tution that does perpetuate some of the most problematic
depictions of men and male violence. But it is also an institution
that paradoxically and privately reveals real vulnerable expressions
of masculinity and even deep caregiving.
46. In 2012, women made up fifteen percent of the active American armed forces,
19.5% of the reservists are women, and over 230,000 females have served in either Afghani-
stan or Iraq. Steve Griffin, Fighting for Gender Equality on the Battlefield, N.Y. TIMES AT WAR:
NOTES FROM THE FRONT LINE BLOG (Jan. 31, 2012, 6:28 PM, http://atwar.blogs.nytimes.com/
2012/01/31/fighting-for-gender-equality-on-the-battlefield; Statistics on Women in the Military,
WOMEN IN MILITARY SERV. FOR AMERICA MEM’L FOUND., INC., http://www.womensmemorial.
org/Press/stats.html (last visited Nov. 13, 2015) (relying on data provided by the Department
of the Defense and the United States Coast Guard). Approximately one-third of the active-
duty women are African-American compared to sixteen percent of active-duty men. Eileen
Patten & Kim Parker, Women in the U.S. Military: Growing Share, Distinctive Profile, PEW RE-
SEARCH CTR. (Dec. 22, 2011), http://.pewsocialtrends.org////-the-u-s-military-growing-share-
distinctive-profile. Opportunities for women in military service have expanded dramatically
in all services steadily since the early 1900s, consistent with expanding political activism and
roles for women. See BURRELLI supra note 43, at 1. The number of women in the United States
military has continuously increased ever since enlistment opened to women. NAT’L CTR. ON
FAMILY HOMELESSNESS, supra note 5, at 9. The number of women in service has risen seven-
fold since the military ended its policy of conscription, from two percent to fourteen percent
or from 42,000 women to 167,000 women. Patten & Parker, supra. These numbers are partic-
ularly noteworthy where the overall enlistment rate has decreased by approximately 738,000
members in that same time period. Id.
47. See CARREIRAS, supra note 45, at 47.
48. DUNIVIN, supra note 45, at 16–18.
49. Ruddick, supra note 42, at 83 (explaining that these gendered binaries mythically
position war itself as masculine and peace itself as feminine and counters “everyday maternal
thinking as a whole contrasts . . . with military thinking”).
50. See, e.g., CONNELL, supra note 30, at 214.
51. Id. at 213–14.
52. Ruddick, supra note 42, at 152 (describing how far more are suppliers and
bureaucrats).
[W]e have a paradoxical situation of an institution that con-

structs and upholds the most rigid stereotypes of hegemonic
masculinity but at the same time provides a context that allows
men to transcend some of these limits: the rigid constraints
that typically prevent men from bonding with other men . . .
break down in a controlled but nonetheless real way.53
The popular mythical narrative glorifying combat military service

needs to be re-written to reflect the full dimension of real modern
military service in ways that equalize opportunities for women and
diminish harmful masculine imperatives for men.54 Exposing accu-
rate military masculinities includes revealing military men as
caregivers and nurturers for each other. It also includes depicting
women as resilient, strong, and capable of combat violence and de-
picting men as vulnerable, dependent caregivers capable of
humanitarian and supportive service.55
Importantly, institutions teach and construct the marginalization
of vulnerability within military masculinities. Intimate emotion and
extreme loss is systemically channeled toward violence within the
context of the military as an institution: ‘“[D]on’t get sad, get even!’
was explicit advice given by officers . . . to weeping soldiers who had
lost buddies” during the Vietnam War.56
Importantly, the institutional strategy of “othering” and “demon-
izing” the enemy is a unique framework of American military
training and is deeply rooted in masculinity framings. In other his-
torical contexts, the “enemy” in war was deeply respected and
regarded as honorable, even as an enemy.57 This American ap-
proach undermines healing in the context of Post Traumatic Stress
Disorder (PTSD) because, “restoring honor to the enemy is an es-
sential step in recovery from combat PTSD. While other things are
obviously needed as well, the veteran’s self-respect never fully recov-
ers so long as he is unable to see the enemy as worthy.”58
53. Cohn, supra note 40, at 145.

54. See, e.g., Dave Phillips, Coming Home to Damaging Stereotypes, N.Y. TIMES, Feb. 6, 2015,
at A11 (describing how harmful stereotypes about military service can complicate re-integra-
tion and distort our understandings of military service).
55. Contra Cara Hoffman, Opinion, Giving Women a Fair Fight in the US Military,
TRUTHOUT (July 27, 2014), http://www.truth-out.org/opinion/item/25197-giving-women-a-
fair-fight-in-the-us-militar?tmpl=component&print=1 (describing how we often see women’s
military service through the lens of “victimhood” and rarely through the lens of “their actual
military experiences, their accomplishments, resilience, and, yes, killing”).
56. JONATHAN SHAW, ACHILLES IN VIETNAM: COMBAT TRAUMA AND THE UNDOING OF CHAR-
ACTER 81 (1995) (reflecting a “conscious motivational technique by military during the
Vietnam War”).
57. Id. at 110.
58. Id. at 115 (stating that “a war against subhuman vermin ‘has no honor’ ”).
Paradoxically, given the history of disconnecting masculinity

from vulnerability and caregiving, soldiers learn to process combat
upon return in the language of masculine love, intimacy, caregiving,
and vulnerability as explored further below. The costs of perpetuat-
ing distorted images of military masculinities as the lynchpin to
military efficacy are harmful to men and to women.
B. The Myth Suppresses the Costs of Male Violence to Men
Perpetuating the myth of universal male privilege harms individ-

ual men. The dominant masculine warrior archetype surrounding
military service suggests an innate masculine ability to process expo-
sure to combat violence. This harms men because it suppresses the
vulnerability of military service. Veterans are committing suicide at
unprecedented rates, suffering from depression, post-traumatic
stress disorder, and other mental health conditions. Soldiers not
only increasingly commit mass acts of violence on domestic bases
but also while deployed abroad. Their families fracture and strain
due to the stresses of combat exposure.59
The modern mental health crisis in the military reveals a disso-
nance for male soldiers in responding to combat violence. Most
alarming are the rising rates of suicide and homicide by veterans.60
59. Nearly half of all veterans post 9/11 report “strains in family relations” and “frequent
outbursts of anger.” STEPHEN L. ROBINSON, NATIONAL GULF WAR RESOURCE CTR., HIDDEN
TOLL OF THE WAR IN IRAQ: MENTAL HEALTH AND THE MILITARY (2004), https://cdn.american
progress.org/wp-content/uploads/kf/hiddentoll91404.pdf. Strains in family functioning in-
clude increased plans to separate or divorce among married soldiers. TASK FORCE ON MENTAL
HEALTH, DEFENSE HEALTH BOARD, AN ACHIEVABLE VISION: REPORT OF THE DEPARTMENT OF
DEFENSE TASK FORCE ON MENTAL HEALTH 5 (2007), http://intransition.dcoe.mil/sites/de
fault/files/MHTFReportFinal.pdf.
60. Suicide is indeed a complex event and cannot be explained universally. Many factors
are relevant, including individual physical and mental health. See, e.g., James Dao & Andrew
W. Lehren, Baffling Rise in Suicides Plagues the U.S. Military, N.Y. TIMES, May 15, 2013, at A1
(explaining that causation in understanding military suicides is hard and is complicated by
drugs, depression, etc.); Deborah Sontag & Lizette Alvarez, Across America, Deadly Echoes of
Foreign Battles, N.Y. TIMES, Jan. 13, 2008, at A1; see also HANNAH FISCHER, CONG. RESEARCH
SERV., RS22452, UNITED STATES MILITARY CASUALTY STATISTICS: OPERATION IRAQI FREEDOM
AND OPERATION ENDURING FREEDOM 1–2 (2009); Multiple Concussions May be Causing Increase
in Military Suicides, Study Finds, FOXNEWS.COM (May 16, 2013), http://www.foxnews.com/
health/2013/05/16/multiple-concussions-may-be-causing-increase-in-military-suicides-study
(studying the simultaneous increases in concussions and suicidal thoughts and concluding
that soldiers with multiple concussions are more likely to have suicidal thoughts).
Undiagnosed PTSD61 and depression are two leading causes of sui-

cide among veterans.62 Current suicide rates in the Army are the
highest they have been in over three decades,63 and the Depart-
ment of Veterans Affairs reports an average of eighteen war
veterans committing suicide a day.64
PTSD occurs broadly within the general population. But mem-
bers of the military are diagnosed with PTSD at a higher rate than
the civilian population, partly due to the strenuous and violent ex-
periences associated with combat.65 Although the mainstream
media and political discussions of PTSD and depression following
combat exposure are new, the psychological hardships of war are
not.66 Post 9/11 veterans report substantially higher readjustment
difficulties (forty-four percent) than veterans before 9/11 (twenty-
five percent).67 PTSD has been recorded in over 39,365 cases from
61. Post-Traumatic Stress Disorder (PTSD) is classified as an anxiety disorder, often trig-
gered by a significant life experience involving threat of injury or death. Karen Estrada, Myths
About PTSD and Other Psychological Health Issues, MILITARY HEALTH MATTERS, http://www.mili
taryhealthmatters.com/topic-talk/myths-about-ptsd-other-psychological-health-issues (last vis-
ited Nov. 13, 2015) (describing what PTSD is and what its symptoms are).
62. Madeline McGrane, Post-Traumatic Stress Disorder in the Military: The Need for Legislative
Improvement of Mental Health Care for Veterans of Operation Iraqi Freedom and Operation Enduring
Freedom, 24 J.L. & HEALTH 183, 189–90 (2011).
63. Id.
64. Nema Milaninia, The Crisis At Home Following the Crisis Abroad: Health Care Deficiencies
for US Veterans of the Iraq and Afghanistan Wars, 11 DEPAUL J. HEALTH CARE L. 327 (2008)
(citing U.S. GOV’T ACCOUNTABILITY OFFICE, GAO-05-167, VOCATIONAL REHABILITATION, MORE
VA AND DOD COLLABORATION NEEDED TO EXPEDITE SERVICES FOR SERIOUSLY INJURED SER-
VICEMEMBERS, (2005), http://www.gao.gov/highlights/d05167high.pdf).
65. Though events triggering the onset of PTSD vary immensely between individuals,
three common categories of symptoms have emerged: re-experiencing symptoms, including
flashbacks and bad dreams, avoidance symptoms, such as emotional numbness, lack of inter-
est, or feelings of depression or guilt, and hyper arousal symptoms, which include near
constant anxiety or tension. See Estrada, supra note 61; Jeffrey Norris, Women May Be at In-
creased Health Risk Due to PTSD, UNIV. OF CAL. S.F. NEWS CTR. (Aug. 15, 2012), http://www.
ucsf.edu/news/2012/08/12557/women-may-be-increased-health-risk-due-ptsd.
66. Soldiers as far back as the Trojan War have reported real mental repercussions sur-
rounding combat exposure. INST. OF MED. OF THE NAT’L ACADS., RETURNING HOME FROM IRAQ
AND AFGHANISTAN: PRELIMINARY ASSESSMENT OF READJUSTMENT NEEDS OF VETERANS, SERVICE
MEMBERS, AND THEIR FAMILIES 40 (2010); see, e.g., Peyton Cooke, Post-Traumatic Stress Disorder
& The Military Justice System, 79 MISS. L.J. 485 (2010). Soldiers in Ancient Greece, for exam-
ple, frequently described symptoms of modern-day Post-Traumatic Stress Disorder, including
acute stress reaction and isolation caused by traumatic combat-related events, upon their
return home from the battlefield. Id. Although treatment for some combat-related disorders
began as early as World War I, the aftermath of the Vietnam War first showcased virulent
emotional reactions to war, raising greater awareness of the need for military service mem-
bers to access mental health care. RICHARD FALK, IRENE GENDZIER & ROBERT J. LIFTON, CRIMES
OF WAR: IRAQ 404–05 (2006); Cooke, supra at 493.
67. War and Sacrifice in the Post-9/11 Era, PEW RESEARCH CTR. (Oct. 5, 2011), http://www.
pewsocialtrends.org/2011/10/05/war-and-sacrifice-in-the-post-911-era/.
2003 to 2009.68 Studies show that exposure to combat in Iraq alone

resulted in 19.1% of soldiers screening positive for PTSD.69 Al-
though almost twenty percent of military service members who
served in Iraq and Afghanistan (300,000 personnel) reported symp-
toms of PTSD or depression, only about half sought out
treatment.70
A resounding stigma rooted in the construction of problematic
gender norms has historically surrounded military personnel ob-
taining mental health services.71 As one soldier who served in Iraq
and now helps others seek mental health services explained: “It’s
humiliating, first of all, for a male. We’re men; we’re alpha. To ad-
mit we’re broken is a big, big ego thing.”72 In the extreme, a
soldier’s admission of mental health may be seen as “malingering to
escape service.”73 It is a dissonance in reconciling mental health di-
agnoses and “Army Strong” ideals.74 Some of this stigma is rooted in
the same exclusionary archetype that feminists are targeting when
they fight for the inclusion of women.
Men who do not meet these hegemonic norms will conclude that
they are somehow “unworthy, incomplete, and inferior.”75 These
imperatives can particularly undermine the expression of emotion
and vulnerability. Gender hierarchies, especially hegemonic con-
structions, “narrow[ ] [men’s] options, force[ ] them into
conforming roles, dampen[ ] their emotions, inhibit[ ] their rela-
tionships with other men, preclude[ ] intimacy with women and
children, and impose[ ] sexual and gender nonconformity.”76 One
68. McGrane, supra note 62, at 186. Thirty-seven percent of soldiers report that “they
believe they have suffered from post-traumatic stress,” compared to just sixteen percent of
veterans before 9/11. RAND CTR., supra note 3, at 5.
69. See Brett T. Litz & William E. Schlenger, PTSD in Service Members and New Veterans of
the Iraq and Afghanistan Wars: A Bibliography and Critique, 20 PTSD RES. Q. 1 (2009).
70. See Charles W. Hoge, Interventions for War-Related Posttraumatic Stress Disorder, 5 J. AM.
MED. ASSOC. 549, 549 (2011). In addition to PTSD, military personnel may also suffer from
mental disorders such as panic disorder, agoraphobia, obsessive-compulsive disorder, depres-
sion and substance abuse. AM. PSYCHIATRIC ASS’N, DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS 424–25 (4th ed., 1994). One study revealed that of 26,613 active-duty
personnel polled, six percent engaged in “heavy drinking” after returning from Iraq or Af-
ghanistan. Editorial, Reserve, National Guard at Higher Risk of Alcohol-Related Problems after
Returning from Combat, SCI. DAILY (Aug. 12, 2008), http://www.sciencedaily.com/releases/
2008/08/080812160607.htm.
71. See Estrada, supra note 61.
72. Jeremy Schwartz, Soldiers Find Comfort at Tattoo Shops, Churches and Other Refuges, AUS-
TIN AMERICAN-STATESMAN (Dec. 12, 2009), http://www.statesman.com/news/news/soldiers-
find-comfort-at-tattoo-shops-churches-a-1/nRWgB/.
73. Id.
74. McGrane, supra note 62, at 191; Frank M. Ochberg, Letter to the Editor, The Hearts
and Minds of Soldiers, N.Y. TIMES, Jan. 28, 2009, at A30.
75. Kimmel, supra note 37, at 61.
76. Gardiner, supra note 18, at 5.
man described the quest to conform with dominant masculinities as

follows:
[F]or me masculinity always felt like a veil, a shroud that must

be worn to reflect an appropriate image of maleness to the
world. Appropriate to whom, I was never that clear. Discon-
nected from my natural inclinations for tenderness and
abundant expression I was taught this strange dance from
birth. The only thing I was clear on was what a young man was
not supposed to be. Anything slightly feminine, emotional,
tender or too expressive were suspect.77
Although “strength, courage and fearlessness” underpin dominant

masculinities, “grand paradox of masculinity” leaves men feeling in-
adequate, vulnerable, and fearful.78 Hegemonic masculine
imperatives yield the suppression of vulnerability narratives.79
The book Achilles in Vietnam, often read by soldiers re-integrating
after combat, describes vividly how the absence of vulnerability and
dependence in military masculinities undermines soldiers’ re-inte-
gration in harmful ways.
We can never fathom the soldier’s grief if we do not know the

human attachment which battle nourishes and then ampu-
tates. As civilians we have no native understanding of the
soldier’s grief. Combat calls forth a passion of care among
men who fight beside each other that is comparable to the
earliest and most deeply felt family relationships.80
This quote reflects, perhaps ironically, that military re-integration

aims to help soldiers process the vulnerability and dependency that
combat required.81
77. James Maynard, The Roots of Fear and Loathing: The Paradox of Fearless Masculinity, THE
GOOD MEN PROJECT (June 2, 2014), http://goodmenproject.com/featured-content/the-
roots-of-fear-and-loathing-the-paradox-of-fearless-masculinity-kt.
78. Id. (describing a “fear of the core self, fear of inadequacy, fear of questioning the
roles, fear of anything or anyone different that may threaten our tenuous grasp on masculin-
ity as a lived concept”).
79. See, e.g., Rimalt, supra note 4, at 1119 (concluding, with respect to Israeli military
integration efforts, that “merely inserting some women into a misogynist warrior culture does
not eliminate the conflation of soldiering with masculinity”).
80. SHAW, supra note 56, at 39.
81. Id. at 16 (“[N]ote the dependency of every man on others: The sleeping men on the
one on watch, the one on watch with night-vision equipment supplied by others, all of them
upon the radio sets connecting the bunker with the CP. They depend upon the radio . . . .
The vast and distant military and civilian structure that provides a modern soldier with his
orders, arms, ammunition, food, water, information, training, and fire support is ultimately a
Consider some of the following excerpts describing the exper-

iences of combat reframed in family and caregiving terms:
• “[T]he reality of combat calls forth the language and emo-

tion of the earliest and strongest family relationships in
every place and era.”82
• “[I]t’s a closeness you never had before. It’s closer than
your mother and father, close[r] than your brother or your
sister, or whoever you’re closest with in your family . . . . We
needed each other to survive.”83
• “While the kin relationship of brother seems to be the most
frequent symbol of the relationship between combat
soldiers who are closest comrades, in our culture the pow-
erful territory of feeling and symbolism of mother often
seems to apply just as well.”84
Suppressing masculine vulnerability also deeply marginalizes

male victims of sexual assault and domestic violence.85 The myth of
men as universally integrated and privileged in the military compli-
cates social acceptance of men as victims. It is well documented that
men are often overlooked as victims in sexual assault.86 Sexual as-
saults are actually perpetrated against male personnel more often
than against female personnel, although women are statistically
more likely to be assaulted than their male peers.87 In the era of
moral structure, a fiduciary, a trustee holding the life and safety of that soldier. The need for
an intact moral world increases with every added coil of a soldier’s mortal dependency on
others. The vulnerability of the soldier’s moral world has vastly increased in three
millennia.”).
82. Id. at 40.
83. Id.
84. Id. at 42.
85. James Dao, In Debate Over Military Sexual Assault, Men are Overlooked Victims, N.Y.
TIMES, June 24, 2013, at A12 (quoting one solider stating “I walked around for a long time
thinking: I don’t feel like a man”).
86. See id. (reporting that the majority of sexual assaults each year are actually men as-
saulted by other men, but they struggle to report because of “a great deal of shame,
embarrassment, and fear that others will respond negatively”).
87. David S. Cloud, Air Force Member’s Allegation of Sex Assault Brings Him More Grief, LA
TIMES (Dec. 13, 2013), http://articles.latimes.com/print/2013/dec/30/nation/la-na-mili
tary-male-rape-20131231 (fifty-three percent of the estimated 26,000 troops who were raped
or forced into sex last year were men). In total, 6.1% of women are victims of sexual assault
and 1.2% of men are victims of sexual assault. Id. Lolita C. Baldor, Male Military Sex Assault
Victims Slow to Complain, AP NEWS, Dec. 8, 2014 (reporting on a recent Pentagon survey con-
cluding that “nearly 1 percent of males in the U.S. military said they had experienced
unwanted sexual contact, compared to 4.3 percent of women,” which “equates to about
10,500 men and 8,500 women”). The Department of Defense and the Obama administration
have acknowledged that sexual assault in the military undermines military efficacy and reflect
“scourge” and “blight” on the military. Kathleen Hunter & Tony Capaccio, Gillibrand Vows to
“don’t ask, don’t tell,” reporting sexual assault by a male risked ac-
cusations of homosexuality and the grave consequences to military
service that came with these accusation.88 But even today men still
face great stigma in reporting sexual assault.89
C. The Myth Leaves Women as Pereptual Outsiders
The myth of universal male military privilege complicates

women’s integration in combat by positioning women as inherent
outsiders, requiring gendered conformity when they are insiders,
and threatening hyper-masculine expressions of violence against
them. Positioned as perpetual outsiders, women who seek more ac-
tive physical roles in the military are seen as “abnormal, mentally
impaired, or morally corrupt” because these roles do not comport
with images of women.90 Military service is perceived as an atypical
career track for women, thus gendered stereotypes create entry bar-
riers, such as parental resistance to female enlistment.91
Women statistically work in more administrative and support
roles than men do within the armed services.92 Nearly fifty percent
of female officers and enlisted service women fill administrative and
support roles, often in health care and administration, while ap-
proximately twenty percent of male servicemen fill these roles.93
Only nine percent of “women officers are in tactical operations oc-
cupations, compared with forty-two percent of male officers.”94
Even when women achieve insider military status they are still com-
pelled to conform to masculine norms unrelated to military
efficacy. Women’s success in the military also requires some mea-
sure of conformity with governing masculinities.
Pursue Military Sexual-Assault Legislation, BLOOMBERG BUS. (Dec. 10, 2013), http://www.bloom
berg.com/news/articles/2013-12-10/gillibrand-vows-to-pursue-military-sexual-assault-bill.
88. Buchhandler-Raphael, supra note 32, at 351 (male victims are particularly unwilling
to report sexual assault because they “do not want to view themselves as victims of sex crimes
with the attached shame and stigma”); Cloud, supra note 87 (describing a male solider who
reported sexual assault after enduring deep “bouts of anger, guilt and depression so severe
that he contemplated suicide several times”).
89. Dao, supra note 85.
90. See Catherine Toth, Women and the Military, in THE HANDBOOK OF WOMEN, PSYCHOL-
OGY, AND THE LAW 328–53 (Andrea Barnes ed., 2005).
91. See Mady W. Segal et al., Gender and the Propensity to Enlist in the U.S. Military, in
WOMEN IN THE MILITARY 49, 67 (Rita James Simon ed., 2001) (speculating on the impact of
masculinity norms influencing disparate enrollment statistics).
92. See Toth, supra note 90, at 329.
93. Jessica L. Cornett, The U.S. Military Responds to Rape: Will Recent Changes Be Enough?,
29 WOMEN’S RTS. L. REP. 99, 102 (2008).
94. Id.
Gendered analysis of combat integration in Israel, for example,

reveals that women have integrated successfully, but only by em-
bracing the masculine ideals of service.95 Israeli women soldiers in
combat “embrace those masculine bodily and discursive practices
because they associate masculinity with military authority, . . . it ap-
pears that masculinity gives [women] power and legitimizes them as
‘real soldiers.’ ”96 This research suggests that women’s integration is
reaffirming underlying masculine hierarchies, rather than challeng-
ing them.97 This re-affirmation of the masculinized military after
women’s integration is “paradoxical” and “complex”:
While those women who occupy newly available combat roles

manage to cross traditional gender lines on an individual ba-
sis, their presence and involvement in masculine roles in the
military does not seem to bear any impact on the gendered
culture of the institution . . . . On the individual level,
[women] truly break gender boundaries within the army and
their personal gains cannot be underestimated. Yet, viewed
against the broader gendered regime in which those gains are
achieved, one can clearly see the paradoxical link between
women’s individual empowerment in the military and the si-
multaneous preservation of gender inequality.98
This is particularly complex for the gender integration of combat

roles, a slow and statistically complex exercise facing various de-
grees of resistance and support internally. Men process combat
exposure as “a love that transcends anything [one has] ever
known.”99 Women, however, are often left isolated and lack compa-
rable support when deployed. As one female veteran put it, “It’s
like, I got all of the downside of serving in the Army and none of
the upside, the camaraderie.”100
Perpetuating the myth of universal male privilege can also trigger
hyper-masculine expressions of violence against women. This vio-
lence occurs when men fail to conform to unachievable
perceptions of masculinities or when men perceive women as the
95. Rimalt, supra note 4, at 1098 (“[W]omen’s recent integration into traditionally mas-
culine roles in the military does not seem to undermine the gendered structure of this
institution.”).
96. Id. at 1109 (summarizing the work of Sasson-Levy).
97. Id.
98. Id. at 1115–16.
99. See, e.g., Carey, supra note 11 (quoting David Marlowe, the founder of the Army’s
behavioral health unit).
100. Id.
source of their loss. These hyper-masculine expressions might in-

clude, for example, domestic violence or sexual assault.
Relative Deprivation of Masculinities provides a theoretical frame-
work to address the question of why some men handle masculine
imperatives with ease and why others resort to illegitimate means
and hyper-masculine expressions.101 Conway defines relative depri-
vation as the perception of a deficit between what a man expects to
achieve and what he actually has achieved.102 The theory examines
how this perceived deficit can lead to men resorting to illegitimate
acts of gender violence to attempt to overcome the perceived
gap.103 Men who cannot meet these idealized discourses of mascu-
linity, such as wealth, athletics, or physical appearance, can use
physical and sexual violence as an alternative illegitimate attempt to
perform dominant masculinities.104 This can happen in at least
three different ways: decremental, aspirational, and antithetical
deprivation of masculinities.
Decremental deprivation of masculinities describes how some
men commit hyper-masculine acts of violence because they per-
ceive themselves to have lost an aspect of their masculinity that they
once had.105 For example, modern efforts to integrate combat units
might cause this response. If military standards are lowered or mod-
ified to facilitate women’s success, male military personnel may feel
directly threatened by this form of relative deprivation of masculini-
ties, paradoxically yielding a more dangerous institutional culture
for women.
Aspirational deprivation of masculinity might occur when some
men experience an increase in the idealized discourses of masculin-
ity as set by peers, community, and the media, but they cannot
realize the heightened discourses.106 This category of men might be
more prone to commit hyper-masculine violence out of frustration
in their inability to achieve unattainable standards.107 For example,
101. Matthew Conaway, Relative Deprivation of Masculinities: A Theory for Gender Violence 2
(working paper), http://www.academia.edu/276791/Relative_Deprivation_of_Masculinities
_A_Theory_for_Gender_Violence.
102. Id. at 4 (explaining how “value expectations’ apply to images and discourses of mas-
culinity—i.e., through the media, peer subcultures, history, etc.—within a given society that
certain populations of men aspire to embody” while “ ‘value capabilities’ refers to men’s capa-
bilities to reach these idealized concepts of masculinity, of which often falls short”).
103. Id. at 4.
104. Id.
105. Id. at 5.
106. Id. at 6–7.
107. Id.
movies like American Sniper108 perpetuate mythical images of combat

soldiers that only a miniscule subset of men actually meets.
Antithetical deprivation of masculinities might occur when men
experience both a decline in the ability to reach an idealized dis-
course of masculinity and an increase in the expectations set by the
idealized discourses.109 Men, thus, experience a widening gap
whereby the ideals increase and the ability to reach the ideals de-
crease.110 This category is “ultimately the most explosive pattern”
because the gap is so great.111 This category reflects the high stakes
nature of women’s integration today. Mythical images of military
heroes, such as Chris Kyle featured in American Sniper, flourish; and
women integrate a military that shifts toward more “armchair com-
bat” in the technological age. As a result, the divergence between
masculine imperatives and the ability to achieve them grows dan-
gerously wide.112
Indeed, the connection between military masculine imperatives
and gender violence are critical to explore. Within the last decade,
wartime stress placed on military families has contributed to the ag-
gression and instability of soldiers and their loved ones upon their
return home from combat.113 Deployment puts great stress on mili-
tary families. Experts associate recurrent deployments and the
likelihood of combat trauma with increases in the risk of domestic
violence.114 Military personnel with a diagnosis of PTSD115 are sig-
nificantly more likely to perpetrate domestic violence against a
108. American Sniper was a Warner Bros. film released in 2014 depicting the life story of
U.S. military sniper, Chris Kyle.
109. Id. at 8–9.
110. Id. (The gap widens such that “[t]o increase their gender performance, these men
often commit acts of gender violence to reach ideal images of masculinity, rather than seek-
ing legitimate social, political, and economic means or decreasing their idealized conception
of masculinity”).
111. Id. at 9.
112. See Jamie Abrams, Is Armchair Warfare the Newest Threat to Institutional Masculinities?,
GENDER & THE L. PROF BLOG (May 22, 2014), http://lawprofessors.typepad.com/gender_law
/2014/05/is-armchair-warfare-the-newest-threat-to-institutional-masculinities.html.
113. Lizette Alvarez & Deborah Sontag, When Strains on Military Families Turn Deadly, N.Y.
TIMES, Feb. 15, 2008, at A1.
114. See id.; see also FIANNA SOGOMONYAN & JANICE L. COOPER, NAT’L CENTER FOR CHILDREN
IN POVERTY, TRAUMA FACED BY CHILDREN OF MILITARY FAMILIES: WHAT EVERY POLICYMAKER
SHOULD KNOW 6 (2010) (concluding that veterans with PTSD commit acts of domestic vio-
lence at rates greater than veterans without PTSD, and at rates greater than the general
population).
115. A medical diagnosis of Post-Traumatic Stress Disorder includes the finding of “re-
experiencing symptoms, avoidance and numbing symptoms, and arousal symptoms” related
to a traumatic event in one’s life, such as military service in a time of war. Neb. Dept. of
Veteran’s Affairs, Post-Traumatic Stress Disorder: What is PTSD?, http://www.ptsd.ne.gov/what-
partner than either a civilian or military member without such con-

dition.116 The military rates of domestic abuse are notably higher
for severe domestic abuse than in the civilian population.117 For ex-
ample, in a six-week period at Fort Bragg in North Carolina, three
Special Forces sergeants returned from Afghanistan and murdered
their wives. Two of the three men then killed themselves immedi-
ately, and the third hanged himself in jail.118 A fourth solider at the
same base also killed his wife in those six weeks.119
As these examples illustrate, the stakes are grave. It is critical to
reveal the harms in perpetuating the myth of universal male privi-
lege. These harms impact military efficacy, women, and men.
III. FROM STAGNANT MYTHS TO LASTING INSTITUTIONAL REFORMS
Debunking the myth of universal male privilege would yield

three critical consequences. It would connect previously segmented
and isolated law reform initiatives, minimize the likelihood that
feminist law reforms will exacerbate hyper-masculine acts, and offer
new entry points to women’s successful military integration.
A. Tethering Gender Equality to Military Efficacy
Previously segmented law reform projects that address issues

such as sexual assault, domestic violence, mass base shootings, and
military mental health are potentially more interconnected than
previously understood. Each of these problems reflect hyper-mascu-
line expressions of violence in response to problematic institutional
masculine imperatives.
The military mental health crisis—leaving eighteen veterans a
day committing suicide—has been understood previously as central
to military efficacy, but unrelated to gender equality. Injecting mas-
culinities theory to feminist law reforms reveals that underlying the
well-documented military mental health crisis sits a stark reality:
is-ptsd.html (last visited Nov. 13, 2015). PTSD is characterized by distinct biological and psy-
chological changes, which routinely affect a soldier’s ability to “function in social or family
life.” Id.
116. See NAT’L CTR. ON FAMILY HOMELESSNESS, supra note 5, at 10–11.
117. See Heyman & Neidig, supra note 5, at 239–42, n.2. One study concluded that mili-
tary men were four times more likely to choke their wives into unconsciousness or leave them
with bruised windpipes and neck muscles. ANSON SHUPE ET AL., VIOLENT COUPLES 76–77
(1987).
118. Alvarez & Sontag, supra note 113.
119. Id.
combat violence is not an inherently or innately masculine act.120

This reality makes feminist law reform goals critically relevant to
solving the military mental health crisis. In fact, actual male military
service has always been tightly constructed around hidden aspects
of male vulnerability and dependence.
There is a troubling bifurcation in law reform approaches be-
tween gender equality and military efficacy. Military sexual assault
reforms are analyzed as gender issues whereas the military mental
health crisis is analyzed as a military efficacy issue without gendered
analysis. Applying a masculinities lens to feminist law reforms
reveals the interconnection of all of these issues.
Emerging research and anecdotal accounts have catalyzed a na-
tional veteran’s mental health movement which recognizes combat-
related disorders and emphasizes the need for professional assis-
tance.121 Reforms and responses are being framed exclusively as
veterans’ issues,122 however, and not as gender issues as well. Ex-
isting conversation about the mental health crisis among military
families is missing two critical symbiotic components—feminist ad-
vocacy and masculinities theory. The reactions and struggles with
mental health following combat exposure are deeply connected to
masculine imperatives and gender.123 The narratives of veteran re-
integration “reveal a shifting sense of self and conflicted
masculinity, patterned after their own fathers and honed to comply
with their peers.”124
Acknowledging the underlying dependencies and vulnerabilities
of the human condition align with feminist goals as well, but such
acknowledgment is rare in political and legal discourse. Rather, lib-
eral political thought often “conceive[s] of citizens as autonomous
adults, rather than members of families.”125 But citizens are “born
completely dependent and live in near total dependence on others
for roughly the first decade of their lives.”126 This dependence can
120. See e.g., RAND CTR. FOR MILITARY HEALTH POLICY RESEARCH, supra note 3, at 5; Russell,
supra note 3 (describing the situation surrounding the mental health needs of United States
military personnel as a “mental health crisis”).
121. Cf. Milaninia, supra note 64, at 342.
122. MARTA CAMINERO-SANTANGELO, THE MADWOMAN CAN’T SPEAK: OR WHY INSANITY IS
NOT SUBVERSIVE 5–6 (1998).
123. In one study of Vietnam War veterans, scholars conclude that masculine norms in
society and the military reinforced that men should show little emotional sensitivity and avoid
expressing vulnerability or weakness. TRACY XAVIA KARNER, ENGENDERING VIOLENT MEN: ORAL
HISTORIES OF MILITARY MASCULINITY, IN MASCULINITIES AND VIOLENCE 200 (Lee H. Bowker ed.,
1998) (describing men raised in the 1950s and serving in Vietnam).
124. Id. at 202.
125. MAXINE EICHNER, THE SUPPORTIVE STATE 3–4 (2010).
126. Id.
be left open to gendered exploitation as we depict women as de-

pendent and as caregivers to the dependent.127
Feminists’ engagement in the mental health of military men
would be further beneficial because of the direct impact that mili-
tary mental health has on spouses and families. The number of
outpatient mental health visits provided to children of active duty
parents doubled from one million to two million between 2003 and
2008.128 Spouses of active duty and reserve personnel likewise re-
port increases in marital problems (forty-four and thirty-nine
percent) due to deployment related stress.129 Reframing gendered
binaries in the military specifically stands to catalyze larger changes
to gender norms in society, law, and politics.130
Masculinities expand the lens of our understanding of gendered
violence beyond just sexual assaults. Rises in deadly soldier-on-sol-
dier violence and mass shootings by military veterans reveal the
harms in conflating masculinities with military efficacy. Consider,
for example, the accounts surrounding the 2009 mass shooting at
Camp Liberty in Baghdad by Sergeant John Russell.131 Russell had
been contemplating suicide, sought mental health treatment, and
displayed such clear signs of distress that his first lieutenant re-
moved the firing pin from his M16 assault rifle.132 In the dawn
hours before the shooting, Russell met with a chaplain who sched-
uled a mental health appointment for him and emailed a
psychiatrist, expressing concerns that Russell was mentally “deterio-
rating.”133 Russell subsequently used a stolen gun to kill five
comrades on the base of Camp Liberty in Iraq.134 At the time of the
127. Id. at 22.

128. SOGOMONYAN & COOPER, supra note 114, at 5.
129. Id. at 6.
130. See, e.g., EICHNER, supra note 125, at 48 (“Once we adjust the image of citizens to
account for the dependency in the human life cycle, however, respect for human dignity
entails more than just protecting citizens’ individual rights: The importance of caretaking
and human development come to the fore as every bit as important to human dignity as
safeguarding citizens’ liberty and security.”).
131. See, e.g., Jomana Karadsheh, et al., U.S. Soldier Charged with Murder in Iraq Shooting
Death, CNN (May 12, 2009), http://www.cnn.com/2009/WORLD/meast/05/12/iraq.sold
iers.killed/#cnnSTCText.
132. Eliot Blair Smith, Military Mental Health Crisis Exposed with Camp Liberty Killings,
BLOOMBERG BUS. (Aug. 1, 2012), http://www.bloomberg.com/news/articles/2012-08-01/mil
itary-mental-health-crisis-exposed-with-camp-liberty-killings.
133. Id.
134. Id.
shootings, Russell was on his third deployment and was being ac-
tively treated at Camp Liberty’s stress clinic for mental health issues
related to his traumatic combat experiences.135
But why did Russell choose to commit this mass shooting and
why then? On the morning of the shooting, Russell visited the stress
clinic for the fourth time in four days, where he lost his weapon
privileges.136 After a series of interventions, personnel took away his
weapon for fear of his instability.137 In an atmosphere that places a
“premium on strength, physically, mentally, [and] emotionally,”
disarming a solider in the field may leave him feeling especially vul-
nerable and violated, paradoxically increasing the risk of
violence.138 For Russell, the perceived loss of status and military
privileges may have been critical triggers to his hyper-masculine act.
This account of the Camp Liberty shootings suggests a symbiotic
benefit to men and women alike in extracting the masculinities un-
derpinning the mental health crisis. These mass killings reflect a
very different form of gendered violence, but one deeply rooted in
masculinities.
Staff Sergeant Robert Bales’s high profile trial for killing sixteen
Afghan civilians in March 2012, mostly women and children, could
be understood as a particularly egregious example of hyper-mascu-
line expressions of violence. In Bales’s trial, the defense tried to
depict Bales as a “dedicated soldier and good father who snapped
after four wartime deployments,” particularly emphasizing his dis-
satisfaction with his family, his deep debt, and his bitterness at
being passed over for an army promotion.139 The defense focused
on Bale’s lack of a stable family, wealth, and career success, which
are all critical aspects of a hegemonic masculine identity.
There are many other episodic examples of mass acts of solider-
on-soldier violence or of military veterans committing mass acts of
violence, such as the murder-suicides at Fort Bragg in 2002, the
massacre at Haditha in 2005, the murders at Fort Carson in 2009,
135. Luis Martinez & Martha Raddatz, U.S. Soldier Suspected of Killing Fellow Troops at Camp
Liberty, ABC NEWS (May 11, 2009), http://abcnews.go.com/Politics/story?id=7556201&page=
1#.UFHx7I6mlUQ.
136. Elspeth Cameron Ritchie, Military Psychiatrists at War: True Life and Death Decisions,
TIME (Aug. 7, 2012), http://nation.time.com/2012/08/07/military-psychiatrists-at-war-true-
life-and-death-decisions.
137. Smith, supra note 132.
138. Robert H. Reid, John M. Russell Charged in Shooting of 5 U.S. Soldiers in Iraq, HUF-
FINGTON POST (June 12, 2009), http://www.huffingtonpost.com/2009/05/12/john-russell-
charged-in s_n_202028.html.
139. Jack Healy, Defense Tries to Soften Image of Soldier Who Killed 16, N.Y TIMES (Aug. 21,
2013), http://www.nytimes.com/2013/08/22/us/defense-tries-to-soften-image-of-soldier-
who-killed-16-afghans.html?_r=0.
and the mass shooting at Fort Hood in 2009. Understanding and

processing vulnerability is every bit as important to military efficacy
as strength and aggression are. Hyper-masculinity can be just as
threatening to military efficacy broadly as it is to women’s integra-
tion more narrowly.
B. Exposing the Risks of Exacerbating Gendered Violence
Debunking the myth of universal male privilege reveals real

weaknesses and risks in certain feminist law reform approaches.
Analysis of the Military Justice Improvement Act (MJIA) reveals how
law reforms that do not acknowledge underlying masculinities risk
exacerbating gendered violence.140 After extensive feminist and bi-
partisan legislative advocacy, the 113th Congress failed to adopt the
MJIA, a bill that sought to reform the procedural obstacles that sur-
vivors of sexual assault in the military face when seeking
prosecution of perpetrators.141 The bill aimed to remove the Com-
manding Officer’s (“CO’s”) authority to oversee sexual assault
investigations, relying instead on prosecutors.142 It ultimately failed
because critics argued that COs must be able to discipline and re-
tain authority within their unit to remain consistent with military
hierarchy and structure.143
The MJIA targeted the formal masculine hierarchy in ways that
risked entrenching the underlying hierarchies instead of diffusing
them. Senator Kirsten Gillibrand (D-NY) presented the MJIA as a
tool to facilitate a necessary “cultural shift” for the military.144 Gil-
librand was responding to “disturbing evidence” that commanders
were refusing to prosecute sexual assault cases.145 The Act sought to
remove the COs from the central role of responding to sexual as-
saults, and replace COs with independent prosecutors.
The opposition to the bill reflected the longstanding obstacles to
law reform in a heavily masculine institution. Opponents argued
140. Jeremy Herb & Ramsey Cox, Senate Blocks Gillibrand Sexual Assault Bill, THE HILL
(Mar. 6, 2014), http://thehill.com/policy/defense/200124-senate-defeats-gillibrand-military-
sex-assault-bill.
141. Military Justice Improvement Act, S.B. 113-967 (2013). This bill was introduced in
May 2013 by New York Senator, Kirsten Gillibrand, but it was not passed, nor were related
bills.
142. Id. at § 7.
143. See, e.g., Hunter & Capaccio, supra note 87; Alexandra Lohman, Note, Silence of the
Lambs: Giving Voice to the Problem of Rape and Sexual Assault in the United States Armed Forces, 10
NW. J.L. & SOC. POL’Y 230, 254 (2015) (“In the end, the MJIA’s evisceration of commander
discretion was its downfall.”).
144. See Kageyama & Lardner, supra note 5.
145. See id.
that this reform undermined military order and efficacy, and they
questioned whether a prosecutor would be more effective.146 Crit-
ics, such as Senator Lindsey Graham (R-SC), argued that “taking
[the] commander out of the loop never solved any problem” and
instead would “dismantle the military justice system beyond sexual
assaults” and “take commanders off the hook for their responsibility
to fix this problem.”147 Feminist proposals, such as the MJIA, came
from outsiders seeking to change military structures. Military insid-
ers vehemently rejected these proposals because of the systemic
role of the commander-led hierarchy and its interconnectedness to
military efficacy.148
The limitations of the MJIA can be better understood and criti-
qued by adding a masculinities lens to the feminist law reform goal.
Rather than changing the culture of the military, the MJIA risked
exacerbating the dangers of masculine imperatives. The MJIA rep-
resented an outside feminist law reform trying to change a
procedural obstacle to prosecuting sexual assault claims. However,
it did so in a way that was isolated, untethered from military effi-
cacy, and disregarded how the military constructs masculinities and
shapes masculine imperatives.
By analyzing the reform proposal through a masculinities lens,
one can see that the masculine imperatives shaped by the chain of
command and hierarchy of authority could alternatively be under-
stood as a catalyst to change. The powerlessness that men and
women feel at the bottom of the military hierarchy can lead to men
wielding violence as a tool to reclaim a sense of masculine entitle-
ment and power. It might be misleading to conclude that the
problem sits at the top of a hierarchy in a heavily masculine institu-
tion. The problem is how we train men to understand their
masculinity at the bottom of the hierarchy and how they react when
they perceive an inability to meet institutional norms. Bringing in
146. See, e.g., Buchhandler-Raphael, supra note 32, at 371–72 (“The military has long op-
posed proposals to strip commanders of their authority to dispose of cases, contending that
military commanders must retain sole responsibility and authority to exercise investigative
and prosecutorial discretion.”); Amy Davidson, What Gillibrand Got Wrong About Military-Sexual
Assault, NEW YORKER (Mar. 7, 2014), http://www.newyorker.com/online/blogs/closeread/
2014/03/what-gillibrand-got-wrong-about-military-sexual-assault.html; Jonathon S. Tobin,
The Impact of Politics on Military Justice, COMMENTARY MAGAZINE (Mar. 10, 2014), https://
www.commentarymagazine.com/american-society/military/the-impact-of-politics-on-military-
justice-jeffrey-sinclair-kirsten-gillibrand.
147. Kageyama & Lardner, supra note 5.
148. See Jonathan Lurie, The Transformation of Article 32: Why and What?, 29 WIS. J. L. GEN-
DER & SOC’Y 409, 415 (2014) (“Stripped of verbiage, [opponents’] argument is simply that
the military knows best and outsiders should not interfere. Because civilians are outside of
the military, they are presumably unable to understand the nuances of military life and
should, to use a bit of military jargon, ‘butt out.’ ”).
an independent prosecutor does nothing to change the underlying

culture and masculinities within the institution; if anything, it allows
the existing culture to demonize an “outsider.” The result is not to
change any cultural practices or norms, but perhaps to reinforce
and entrench them.
Alternatively, the MJIA could achieve more lasting success by di-
rectly tackling the underlying masculinity norms that prop up the
commanding officer hierarchy and seeking more systemic
change.149
C. Shifting from Incident-Based Reforms to Training and Recruiting
Adding a masculinities lens reveals new starting points to long-

standing problems plaguing women’s military integration. Shifting
the frame highlights the importance of understanding the con-
struction of masculine hierarchies at the recruiting and training
stages. This shifts the law reform approach from an incident-based
intervention to a conscious recruiting and training effort. By de-
bunking the myth of universal male privilege and adding a
masculinities lens to feminist law reforms, we can better screen for
and train men less likely to experience a relative deprivation of
masculinities.
In 2011, the Department of Defense employed 1.41 million ac-
tive service members.150 An efficient fighting force must
contemplate emotional and psychological health upon entry, and
not just upon exit from service.151 Enlistment in the military is gen-
erally perceived as an admirable service to one’s country. However,
the reasons that compel an individual to join the armed forces are
fluid and vary significantly among the civilian population.152 The
149. But see Ann Marie Woods, Note, A “More Searching Judicial Inquiry”: The Justiciability of
Intra-Military Sexual Assault Claims, 55 B. C. L. REV. 1329 (2014) (arguing for greater civil
accountability for military victims of sexual assault).
150. OFFICE OF THE UNDER SEC’Y OF DEF., PERS. & READINESS, POPULATION REPRESENTATION
IN THE MILITARY SERVICES: SUMMARY STATISTICS: FISCAL YEAR 2011 SUMMARY REPORT 4, https://
cna.org/pop-rep/2011/summary/summary.pdf.
151. TASK FORCE ON MENTAL HEALTH, supra note 59, at 5 (emphasizing the importance of
military enhancing the “resilience and recovery” of combatants and the “provision of effec-
tive preventative strategies”); see also Gerry Everding, Military Service Changes Personality, Makes
Vets Less Agreeable, WASH. UNIV. IN ST. LOUIS NEWSROOM (Feb. 9, 2012), http://news.wustl.edu
/news/pages/23381.aspx (concluding that “[m]ilitary service, even without combat, has a
subtle lingering effect on a man’s personality” and “suggest[ing] personality traits play an
important role in military training, both in the sort of men who are attracted to the military
in the first place, and in the lasting impact that this service has on an individual’s outlook on
life”).
152. ANNI P. BAKER, LIFE IN THE U.S. ARMED FORCES: (NOT) JUST ANOTHER JOB 16 (2008).
current all-volunteer military force relies on market dynamics to fill

its ranks.153
Historically, opportunity for adventure was considered to be a
primary motivation for people to enlist in the Army.154 Modern
soldiers may still intrinsically desire adventure and have deep-
rooted patriotic pride,155 but there are many more reasons one
could find enlisting attractive. For example, enlistment can be, and
often is, extrinsically motivated by one’s potential material gain
from service.156 Relatively good pay, government benefits, subsi-
dized college education, and job security are popular reasons
among youth and minorities to join the military.157 In addition,
non-citizen immigrants on temporary visas can use military service
to expedite the naturalization process, which would otherwise take
them years to complete.158
Military efficacy has always required effective recruiting, but it
has never considered the broader gender characteristics of the men
it recruits. Doing so would reveal that modern military recruiting
has changed dramatically from historic recruiting. And it results in
a very different profile of military personnel, one that might be
much more susceptible to masculinity imperatives and hyper-mas-
culine expressions when understood through the relative
deprivation theory described above. For example, military person-
nel “enter single and marry young.” Military men aged eighteen to
twenty-four are nearly twice as likely as their civilian peers to be
married.159 The military is also disproportionately young relative to
the population as a whole: fifty percent of the force is between sev-
enteen to twenty-four years old.160 These points are quite
noteworthy when understood through an added masculinity lens. It
suggests that—just as men are entering a heavily masculine institu-
tion with dominant masculine imperatives—they are also navigating
a shift within their family structure as well. This occurs at the same
time as their transition from boyhood to manhood. Given the hous-
ing dynamics and intimacies of military service, young personnel
153. Ryan Kelty, Meredith Kleykamp & David Segal, The Military and the Transition to Adult-
hood, 20 FUTURE OF CHILDREN 181, 182 (2010).
154. MARY BARBIER, THE U.S. ARMY: AMERICA’S ARMED FORCES 5 (2005).
155. BAKER supra note 152, at 17.
156. Id. at 16.
157. Annalyn Kurtz, Getting Into the Military is Getting Tougher, CNN (May 15, 2013) http:/
/money.cnn.com/2013/05/15/news/economy/military-recruiting/.
158. Julia Preston, Pentagon Reopens Program Allowing Immigrants With Special Skills to Enlist,
N.Y. TIMES (Oct. 27, 2012), http://www.nytimes.com/2012/10/28/us/pentagon-reopens-
program-allowing-immigrants-with-special-skills-to-enlist.html?_r=0.
159. Kelty, Kleykamp & Segal, supra note 153 at 190.
160. Id. at 183.
might struggle to cabin the military masculinities norms appropri-

ately. More explicit and thoughtful efforts to help men adapt their
masculine identity to the family unit could be a new and effective
starting point to reducing domestic violence.
Although the military cannot flawlessly screen personnel for the
propensity to engage in gendered violence,161 it could add mascu-
linities as a critical dimension to enhance training approaches. In
his book Angry White Men, sociologist Michael Kimmel describes an
explosive rage among economically downwardly-trodden white men
as they perceive a loss of their masculine entitlement.162 This raises
questions that require further consideration. Might the economic
motivations for enlistment and the quest for advancement of status
be more likely to provoke hyper-masculine responses to perceived
inadequacies in the modern military? Might the presence of women
and minority personnel exacerbate white male hyper-masculinity as
they perceive a loss of entitlement and a displacement? These types
of questions are critical to consider with further research and femi-
nist engagement.
CONCLUSION
This Article shifts the dialogue about women’s military integra-

tion and gender equality away from a focus on women as victims of
sexual assault and domestic violence. Rather, we must counterintui-
tively inject masculinities understandings to feminist law reforms.
Embedded within existing law reform proposals is the unstated as-
sumption that the current military structure privileges or benefits
most of the men that operate within it. This myth creates a false
gender binary that frames women as outsiders breaking into a male
military institution and men as insiders defending the male military
culture, often in the name of military efficacy. This shift in ap-
proach reveals that sexual assault, domestic violence, and even mass
shootings on bases are hyper-masculine expressions of violence in
response to masculinities imperatives. It suggests the need for gen-
erating unified law reform responses, vigilance to law reforms that
risk exacerbating gender violence, and a shifted focus on recruit-
ment and training. Now that the Secretary of Defense has
announced that no military jobs will be closed to women, it is time
161. See generally E. Jones, K C Hyams, & S. Wessely, Screening for Vulnerability to Pscyhologi-
cal Disorders in the Military: An Historical Survey, 10 J. OF MED. SCREENING (2003) (conducting a
literature review and historical summary of efforts to screen for psychological vulnerability to
stress-induced breakdowns, but concluding that this goal “has been elusive”).
162. MICHEL KIMMELL, ANGRY WHITE MEN (2013).
to begin in earnest the critical work on achieving meaningful sub-

stantive integration to build and sustain a military that is both
effective and gender-inclusive.

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DEBUNKING THE MYTH OF UNIVERSAL MALE PRIVILEGE

Debunking the myth of universal male privilege in heavily masculinized institu-

A. The Myth Falsely Tethers Masculinitiy and Military

Existing responses to gendered violence in the military have stag-

risk exacerbating gendered violence. Part III concludes with a pro-

I. DEBUNKING THE MYTH OF UNIVERSAL MALE PRIVILEGE TO

Debunking the myth of universal male privilege is an essential,

A. The Limits of Feminist Theory Alone in Reforming

Feminists have worked for decades to reform the military by fo-

scholars (often experienced military personnel) refute the severity

Report, PROTECT OUR DEFENDERS, http://protectourdefenders.com/images/POD_FactSheet.

The admission of women to VMI revealed the limitations of for-

reforms on paradigmatically masculine law enforcement agencies

B. Applying a Masculinities Lens to Feminist Law Reforms

It is critical to integrate masculinities theory into feminist re-

15. Abrams, supra note 2, at 145.

of both theories generally agree that unpacking the binaries of po-

everyone to take part, if the system is to continue. The people

Masculinities–the unique ways in which men express their identi-

“guilty, ashamed and—critically—hostile.”36 Hyper-masculine acts

II. THE HARMS OF PERPETUATING THE MYTH OF UNIVERSAL

Applying a masculinities lens to feminist law reforms highlights

A. The Myth Falsely Tethers Masculinitiy and Military Efficacy

Perpetuating the myth of universal male privilege is problematic

36. O’Malley, supra note 29 (emphasis omitted).

military service directly. Early military service was central to mascu-

inclusive military in history.46 Yet it is still largely designed around

[W]e have a paradoxical situation of an institution that con-

The popular mythical narrative glorifying combat military service

53. Cohn, supra note 40, at 145.

Paradoxically, given the history of disconnecting masculinity

B. The Myth Suppresses the Costs of Male Violence to Men

Perpetuating the myth of universal male privilege harms individ-

Undiagnosed PTSD61 and depression are two leading causes of sui-

2003 to 2009.68 Studies show that exposure to combat in Iraq alone

man described the quest to conform with dominant masculinities as

[F]or me masculinity always felt like a veil, a shroud that must

Although “strength, courage and fearlessness” underpin dominant

We can never fathom the soldier’s grief if we do not know the

This quote reflects, perhaps ironically, that military re-integration

Consider some of the following excerpts describing the exper-

• “[T]he reality of combat calls forth the language and emo-

Suppressing masculine vulnerability also deeply marginalizes

C. The Myth Leaves Women as Pereptual Outsiders

The myth of universal male military privilege complicates

Gendered analysis of combat integration in Israel, for example,

While those women who occupy newly available combat roles

This is particularly complex for the gender integration of combat

source of their loss. These hyper-masculine expressions might in-

movies like American Sniper108 perpetuate mythical images of combat

partner than either a civilian or military member without such con-

III. FROM STAGNANT MYTHS TO LASTING INSTITUTIONAL REFORMS

Debunking the myth of universal male privilege would yield

A. Tethering Gender Equality to Military Efficacy

Previously segmented law reform projects that address issues

combat violence is not an inherently or innately masculine act.120

be left open to gendered exploitation as we depict women as de-

127. Id. at 22.

and the mass shooting at Fort Hood in 2009. Understanding and