On The Basis of Sex

By: Maggie Stankiewicz

Ruth Bader Ginsburg. You’ve heard the name, you’ve seen the memes and you’ve cheered her on. On the Basis of Sex, through its two-hour run, will prove that the “Notorious RBG” deserves every ounce of respect the internet holds for her while leaving you wondering why she wasn’t a cultural phenomenon and beacon of hope decades longer. On the Basis of Sex is more than a superhero’s origin story – it’s an example of what could happen should history decide to repeat itself for the better. The film does an exceptional job of engaging the audience and facilitating an empathetic relationship with a young Ruth (Felicity Jones) as she navigates law school, her husband Martin’s (Armie Hammer) cancer, familial conflict and a career in an industry dominated by hostile and fearful men.

The story begins with Ruth’s first year at Harvard Law School. By this time, she is already a wife, a mother and a genius. A mere 2% of women make up Ruth’s class and they are not met with high regard – best demonstrated through the Dean (Sam Waterston) questioning every woman student why they are there, filling a spot that would otherwise be given to a man. This sets the tone not only for Ruth’s academic career, but her professional one as well. Bader Ginsburg was forced to grow even more tenacious when her husband Martin fell ill with cancer in the midst of both of their educations. Ruth carried the weight for both of them within the film’s narrative, working on Martin’s classwork as well as her own – propelling them both towards a successful graduation.

Martin, being older than Ruth, graduated earlier and given his cancer diagnosis the family decided to relocate to New York together. Ruth struggled to reason with the Dean of Harvard Law when it came down to her transfer and graduation, but the hiccup didn’t stop her. If anything, it served as a prediction for her future strained relationship with the casual misogynist. After arriving in New York, Ruth struggled to find employment as a practicing lawyer. The failed job search pushed her into teaching – a detour that would ultimately help her in her greatest feats and revolutionary case victories (even if it took a couple decades to get there).

Throughout the film a surprisingly likable Armie Hammer and the impressive Felicity Jones have great chemistry that translates well on screen. The pair’s mutually beneficial, unconditional, opposites-attract relationship is unwavering and gives each enough room to grow and thrive on their own and as a unit. In fact, it is Martin who brings and later encourages a somewhat downtrodden Ruth to pick up the infamous gender-discrimination tax law case that sparked another revolution. The 1977 case involves a single man in Colorado who became his mother’s caregiver. The man was denied a tax deduction, despite devoting his life to her care – on the basis of his sex. In the 70s, only women were eligible to claim this deduction.

The moment the tax law case hits her desk, Ruth embarks on a crusade to incite action on her life’s work. After teaching law students on gender law and discrimination winning a case on the very subject would mean that she’d finally achieved her goal. On the Basis of Sex doesn’t sugarcoat Ruth’s early lack of grace in the courtroom, where she stumbled until new inspiration was found, nor does it downplay the struggles. From casual misogyny, even by her friend Mel Wulf (Justin Theroux) from ACLU, to the judges themselves to the microaggressions women experienced every day – the battle was not an easy one. The Ginsburgs team up to take on the case, employing Martin’s tax law acumen with Ruth’s vigor and knowledge in gender discrimination. Together they take on the Old Boy’s Club that includes their former Harvard Dean and other gatekeepers, which only makes the victory sweeter.

Ruth and Martin won the case and their client got his deduction, setting the precedent for other gender discrimination laws to be ruled unconstitutional. By leveraging man’s love of…well, their fellow man – to demonstrate how gender-specific laws harm men as well as women, Ginsburg played the system and paved the way for progress. On the Basis of Sex is a good film, maybe even a great one, but it still can’t quite measure up to its extraordinary subject.