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16 Cards in this Set
- Front
- Back
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Equal Protection Clause |
"Nor shall any state...deny to any person within its jurisdiction the equal protection of the laws" -Three key elements: state, persons, equality. The amendment applies to states and their subdivisions. -Framer of the amendment were interested in the treatment of former slaves, but the SC has held that it applies to other persons, even noncitizens (Yick Wo v. Hopkins) -5th amendment due process clause contains an equal protection component. |
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Discrimination |
-EPC prohibits invidious discrimination. This means discrimination that is arbitrary and capricious -EPC demands that similarly situated persons be treated equally -people with same job and experience should be payed equally -private discrimination, though not state action, may be restricted in many ways -state police powers - federal commerce clause - public funding or licensing |
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Rational Basis Test |
-Age, economic, sexual orientation -rational basis is the most traditional test -courts defer to the state and presume the validity of the gov. action -party challenging the law must show that the law is irrational |
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Strict Scrutiny Test |
-race, ethnicity, fundamental rights -strict scrutiny is most stringent test -must be a compelling state interest advanced by the least restrictive means - court presumes that the state action is invalid and burden of proof is on gov. |
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Intermediate Scrutiny |
-applied to gender -under this test, for a gender-based distinction to be valid, it must -serve some important gov. objective -be substantially related to the achievement of those objectives |
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Direct Exclusion and Protectionism |
According to Jefferson: -"Were our state a pure democracy there would still be excluded from our deliberations women, who, to prevent deprivation of morals and ambiguity of issues, should not mix promiscuously in the gatherings of men." |
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Bradwell v. Illinois |
-Myra Bradwell denied admission into legal profession -..."the civil law, as well as nature herself, that man should be a woman's protector. Women and men belong to different spheres and destinies" -"the natural and proper timidity and delicacy which belongs to females unfits it for many of the occupations of civil life" -"the mission of women is to be a wife and mother...this is the law of the Creator" |
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Belva Ann Lockwood |
-one of first female lawyers |
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Muller v. Oregon |
-court upheld oregon law that limited number of hours that women could work in sweatshops and laundries to 10 hrs a day/6 days a week -physical difference btw. sexes and the state interest in maternal health -National Consumers' League v. National Women's Party -NCL favored protectionist laws -NWP favored equality above anything else -this dispute btw. feminists who valued protection and feminists who valued equality continued until the latter group gained the upper hand in the 1970s |
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Reed v. Reed |
-court struck down Idaho law that gave men preference over women in administering an estate of a person who died without naming an administrator. the SC found that the statute lacked a rational basis -first time court struck down a law as sex discrimination in violation of 14th amendment |
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Frontiero v. Richardson |
-RBG files amicus brief for ACLU Women's Rights Project -SC upheld Lt. Sharron Frontiero's claim that the Air Force violated the equal protection component of the 5th amendment in requiring women, but not men, to demonstrate that their spouses were in fact "dependents" for the purpose of receiving medical and dental benefits |
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Craig v. Boren |
-court struck down an OK law that prohibited males form purchasing 3.2 percent beer until 21, but females could buy beer at 18 -court applied intermediate scrutiny test to gender discrimination -statistical evidence not convincing and gov. purpose not promoted by the law -men more likely to drive under the influence and commit alcohol related crimes, according to the OK law |
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U.S. v Virginia |
-court ordered all-male Virginia military Institute to admit women or lose public funding -in her opinion, Ginsburg applied demanding test that she called skeptical scrutiny: the gov. must demonstrate an "exceedingly persuasive justification" for gender-based policies" |
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Auto Workers v. Johnson Controls |
A primary ingredient in respondent's battery manufacturing process is lead, occupational exposure to which entails health risks, including the risk of harm to any fetus carried by a female employee. After eight of its employees became pregnant while maintaining blood lead levels exceeding that noted by the Occupational Safety and Health Administration (OSHA) as critical for a worker planning to have a family, respondent announced a policy barring all women, except those whose infertility was medically documented, from jobs involving actual or potential lead exposure exceeding the OSHA standard.
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Michael M. v. Sonoma County |
-court upheld a statutory rape law that makes it a crime for a male to have sexual intercourse with a female (not wife) under the age of 18, regardless of her consent -the court reasoned that the goal was to prevent teen pregnancy, an important gov. objective -young men and women not similarly situated -risk of pregnancy itself constitutes a deterrence to young females. no similar natural sanctions deter males -criminal sanction imposed solely on males thus serves to roughly equalize the deterrents on the sexes |
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Rostker v. Goldberg (1981) |
-court upheld male-only draft registration -existence of the combat restrictions clearly indicates basis for congress' decision to exempt women from registration. The purpose of registration was to prep for a draft of combat troops -court deferred to power of Congress to raise an army -last year, Defense Dept. opened up all combat positions to women |
