Are gendered Oscars constitutional? University of New Mexico students are asking the question
The Academy of Motion Pictures Arts and Sciences is considering a petition from undergraduate students in a University of New Mexico constitutional law course that questions the 96-year-old policy of separating actor awards by gender, stating it is legally flawed. (Photo from Shutterstock)
It’s Oscar night, and Hollywood is all abuzz over the most exciting contest in years—the newly created category best performance by a performer in lead role. Who will win? Meryl Streep? Tom Hanks? Denzel Washington? Adrien Brody? Cynthia Erivo? Karla Sofía Gascón?
That could be a reality as the Academy of Motion Pictures Arts and Sciences considers a petition from undergraduate students in a University of New Mexico constitutional law course that questions the 96-year-old policy of separating actor awards by gender, stating it is legally flawed.
In October, 10 students sent a 99-page document citing constitutional precedents and suggesting the academy’s board of governors form a task force to examine why the Oscars continue to have gender-specific categories when other industries’ top awards—like the Grammy Awards—do not.
“The academy is very clear that they want to be an inclusive space for everyone within the film industry,” says Abigail McCoy, a senior at UNM and a member of the student group. “If that’s their mission, the policy should be reexamined and possibly changed.”
“We reviewed different cases, and every single time, the ruling was that any kind of separation through genders was an inadequate way to describe somebody’s talent,” says Marijose Ramirez. (Photo by Valeria Laya)
While the proposal was developed and sent before Gascón became the first openly transgender performer to be nominated for best actress, a nod for her work in “Emilia Perez,” underscores the need for reconsideration, says Marijose Ramirez, one of the paper’s authors. “Society is moving towards a direction where the common binary isn’t standard,” she adds.
Their petition leans on U.S. Supreme Court precedent, including J.E.B. v. Alabama (1994), prohibiting gender-based jury selection; U.S. v. Virginia (1996), striking down gender-based admissions criteria for the Virginia Military Institute; and Hornstine v. Township of Moorestown (2003), a New Jersey federal district court decision rejecting separate valedictorian categories based on classifications not related to merit.
“We reviewed different cases, and every single time, the ruling was that any kind of separation through genders was an inadequate way to describe somebody’s talent,” Ramirez says.
The project grew out of a semester-long assignment in a fall 2023 course taught by Lawrence Jones, a former judge of the New Jersey Superior Court who is now a UNM adjunct professor of political science. The students’ research led them to question if forcing actors to align with one gender was not just outdated but illegal, he says.
“When I reviewed the work, I thought, well, there’s something here,” he says. “Why is it only actors that are segregated? What about everyone else in the industry, like directors and writers and choreographers and producers?”
Jones invited the highest-scoring students to keep going on the project. They collaborated for a year before sending the paper off to the academy.
The students looked at the model used by Grammys, which switched to nongendered categories in 2012. Despite concerns that male performers would sweep certain categories, “Females have unarguably dominated the Grammys ever since,” McCoy says.
To counter the reduced opportunities to win an acting Oscar, the report suggests the task force also consider adding new categories, like Best Ensemble, based on merit instead of gender, as well as receive public input.
“There is an obligation for institutions to take into consideration societal changes and people’s opinions,” says Ramirez. “It is in their not only best interest, but, honestly, their obligation to please that crowd, hear them out and listen to their ideas.”
The proposal is not a mandate for the academy, the students say. “A huge aim for this project is just to spark that initial conversation,” says Almarina Sosa, one of the authors.
Other UNM students who contributed to the project are Darlene Alarid, Amelia Beggio, Peyton Bowes, Isabella Fauria, Devrah Fund, Sophia Noelle-Woodstra and Isabella Storms.
The 97th Academy Awards airs March 2. Last year’s show was watched by more than 19 million viewers.
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