Extricating Patriarchy? A Feminist Rethinking of Liberalism and Patriarchal Religion

Rosario Grimà Algora

Rosario Grimà Algora is a DPhil Candidate at the Faculty of Law, University of Oxford

Are frozen embryos people? In February 2024, the Supreme Court of Alabama, USA, held that frozen embryos are children for the purpose of wrongful death lawsuits. This means that doctors and clinics that harm frozen embryos might be accused of harming children (Stopler p. 1). It is with this ruling – one that only a few years ago would have seemed dystopian to many - that Gila Stopler introduces the reality that we are witnessing today: patriarchal religions and right-wing populism have not only managed to curtail women’s rights but are also dismantling liberal structures. Their alliance is neither limited to the USA nor to a specific religion, and it is part of a broader trend that is affecting many liberal democracies.

      Gila Stopler’s new book Women's Rights in Liberal States: Patriarchy, Liberalism, Religion and the Chimera of Rights comes at a critical moment when it is necessary to reflect on what have been the causes for the flourishing of conservatism, the ‘repoliticization’ of religion and the rise of right-wing populism. The book is divided into three parts, each containing two chapters. It engages with political theories of feminism, liberalism and populism, and examines legal doctrines and structures of several jurisdictions, such as the USA, Israel, Canada, the UK and more. This blog post will mainly focus on the arguments related to feminist theory and equality.

     First, the book provides a feminist analysis of liberalism to illustrate its naivety and complicity with patriarchy. Stopler posits that liberalism has a structural flaw: the division between a private and a public sphere, where the public sphere is conceived as the space of equality and justice, and the private sphere as an ‘unpoliticised’ space, a place for love rather than justice. In this shielded private sphere, religion has continued to oppress women. Yet patriarchal illiberal ideologies are no longer constrained to the private and are now restructuring the public sphere (p. 127). Religio-populist movements are weaponizing and misappropriating liberal concepts such as freedom of religion, conscience, toleration, equality and multiculturalism to create a conservative order (p. 184).  The same liberal flaws that have enabled the attacks against women are now being used to undermine liberal institutions.

      Second, drawing on Foucault’s concept of power, she holds that liberalism does not have an adequate theory of power to fight patriarchy (p. 22). Liberalism focuses on the power of the state and disregards the private power exercised by groups, religion and culture. This skewed understanding of power leads to the promotion of a private sphere of non-intervention that assumes that relations between private actors are free and equal. It also distorts liberal concepts like equality, toleration and religious liberty (p. 221). Stopler considers toleration the “most distorted” concept, showing how it has been used to sustain inequality (pp. 222-223). She reminds the reader that if equality is the ultimate value of political theory, it must come before toleration (p. 224).

      Stopler concludes that “if liberal democracies wish to protect women’s rights and safeguard their own liberal democratic foundations, both the theoretical underpinnings of the liberal treatment of patriarchal religion and their practical ramifications must be reconsidered, and liberalism’s complicity with patriarchy, in both its religious and nonreligious iterations, must end” (p. 214).  This conclusion leaves this reader with some pressing questions: Can liberalism be reformed to such an extent that it erases its patriarchal underpinnings? What should be the place of religion in this reformed liberal society? And what is the best way to promote equality in religion while safeguarding religious freedoms?

       Regarding the first question, Stopler considers that liberalism can begin to “extricate” its patriarchal roots (p. 15). She borrows from Susan Okin’s internal feminist critique of liberalism the idea to “focus heavily on the private as well as public life” (p. 220). She also considers the CEDAW a suitable model for combating discrimination against women. The CEDAW seeks to promote substantive equality in all aspects of women’s lives, including by obliging states to adopt measures to address the cultural and social practices that discriminate against women (art. 5(a) CEDAW). Stopler suggests various proactive measures to start disestablishing patriarchal religions, such as cutting financial support, influencing religion in different ways, anchoring women’s rights in constitutions, and providing equality education.

      Regarding the influence on religion, Stopler looks at the UK’s Parliament involvement in the Church of England as an (imperfect) example or alternatively proposes a “soft nationalisation” of religion, which is the “proper liberal solution… an increased and principled involvement of the state with religion through civil law and the civil courts” (p.105). These measures will still respect religious freedoms. However, could these measures have unintended consequences? In Europe, for instance, populist leaders are instrumentally using gender equality to target the Muslim community, and critiques of hegemonic religions based on gender equality are still rare. More influence in religion might disproportionately affect certain religions, and gender equality could continue being weaponised by right-wing populism.

       On the other hand, this reader is also left pondering how much states should intervene in religion to promote equality. If a heavy focus on the private sphere is needed to actively change gendered power differentials and oppression (pp. 220-221), should more far-reaching measures be adopted? Should states, for instance, make female Catholic ordination a conditional requirement for financial benefits or establishment? Should they impose measures similar to the ones the EU has recently imposed on boards of listed companies? While resolving these questions is beyond the bounds of this post, it is true that, as Stopler notes, exiting from patriarchal religion is not an adequate remedy for religious women. There are several women in the Catholic Church fighting to become priests, but some are excommunicated. There are also diverse interpretations of religion, including divergent voices from feminist theology. Sustainable changes cannot be delivered solely through top-down reforms, and a main aspect of substantive equality should consist of enhancing voices and participation of those religious women.

      To conclude, Stopler’s book is essential reading for those working on feminist theory and on women’s rights more broadly. Her theoretical analysis of the current attacks against women's rights and democracy, and her theoretical and practical suggestions to extricate patriarchy from liberalism are bold and refreshing.  This book should also be read more widely by anybody concerned about the attacks against liberal institutions, to provide an eye-opening perspective on the causes of the rise of religio-populism attacks. 

Rosario Grimà Algora is a DPhil Candidate at the Faculty of Law, University of Oxford

Suggested Citation: Rosario Grimà Algora, ‘Extricating Patriarchy? A Feminist Rethinking of Liberalism and Patriarchal Religion’ IACL-AIDC Blog (13 November 2025) Extricating Patriarchy? A Feminist Rethinking of Liberalism and Patriarchal Religion — IACL-IADC Blog