Anti-subordination principle

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The anti-subordination principle (ASP) is a legal doctrine aiming to reveal, critique, and dismantle all forms of subordination. It's based on the idea that equal citizenship is not possible in a society with widespread social stratification.^[1] The principle originates from the critical theory tradition.^[2] It is often contrasted with the anti-classification principle, which focuses on preventing laws or policies from making distinctions based on classifications such as race or gender, regardless of the outcome.

The ASP emerged as a critique of the anti-discrimination approach within U.S. constitutional law, particularly as it relates to the Equal Protection Clause of the Fourteenth Amendment. Traditional anti-discrimination law often focuses on whether individuals are treated differently based on race, aiming for formal equality—the equal treatment of all individuals under the law.^[3]