1072, 1076. P. 411 U. S. 691. VII of the Civil Rights Act of 1964, for example, Congress expressly declared that no employer, labor union, or other organization subject to the provisions of the Act shall discriminate against any individual on the basis of "race, color, religion, sex, or national origin." Indeed, this paternalistic attitude became so firmly rooted in our national consciousness that, 100 years ago, a distinguished Member of this Court was able to proclaim: Indeed, the position of women in this country at its inception is reflected in the view expressed by Thomas Jefferson that women should be neither seen nor heard in society's decisionmaking councils. 1109 (1971). . The "uniformed services" include the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Science Services Administration, and Public Health Service. As noted earlier, the basic purpose of these statutes was to provide fringe benefits to members of the uniformed services in order to establish a compensation pattern which would attract career personnel through re-enlistment. We noted probable jurisdiction. At the outset, appellants contend that classifications based upon sex, like classifications based upon race, alienage, and national origin, are inherently suspect and must therefore be subjected to close judicial scrutiny. You can opt-out at any time. of Labor, Work Experience of the Population in 1971, p. 4 (Summary Special Labor Force Report, Aug.1972). The Equal Rights Amendment, which if adopted will resolve the substance of this precise question, has been approved by the Congress and submitted for ratification by the States. He did not meet the policy's requirements. Brief for Appellee in No. J. Res. I agree that the challenged statutes constitute an unconstitutional discrimination against servicewomen in violation of the Due Process Clause of the Fifth Amendment, but I cannot join the opinion of MR. JUSTICE BRENNAN, which would hold that all classifications based upon sex, "like classifications based upon race, alienage, and national origin," are "inherently suspect and must therefore be subjected to close judicial scrutiny." Show Links. . 341 F. women.". A male serviceman did not have to show that his wife relied on him for any of her support. 42 U.S.C. Appellant Sharron Frontiero, a lieutenant in the United States Air Force, sought increased quarters allowances, and housing and medical benefits for her husband, appellant Joseph Frontiero, on the ground that he was her "dependent." It is true, of course, that, when viewed in the abstract, women do not constitute a small and powerless minority. [Footnote 21] Thus, Congress itself has concluded that classifications based upon sex are inherently invidious, and this conclusion of a coequal. §§ 1072, 1076, on an equal footing with male members. Frontiero sued for a permanent injunction of the law in Federal District Court. In addition, the statutes operate so as to deny benefits to a female member, such as appellant Sharron Frontiero, who provides less than one-half of her spouse's support, while at the same time granting such benefits to a male member who likewise provides less than one-half of his spouse's support. §§ 401, 403 and 10 U.S.C. § 206(d) (emphasis added). Reynolds v. Sims, 377 U.S. 533, 562 (1964); see Dunn v. Blumstein, 405 U.S. 330, 336 (1972); Kramer v. Union Free School District, 395 U.S. 621, 626 (1969); Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Wash. L. Rev. Buckley v. Valeo: Supreme Court Case, Arguments, Impact, Oregon v. Mitchell: Supreme Court Case, Arguments, Impact, Reed v. Reed: Striking Down Sex Discrimination, Goldberg v. Kelly: Supreme Court Case, Arguments, Impact, Obergefell v. Hodges: Supreme Court Case, Arguments, Impacts. MR. JUSTICE REHNQUIST dissents for the reasons stated by Judge Rives in his opinion for the District Court, Frontiero v. Laird, 341 F. Supp. Ante, at 682. of a uniformed service, means — "(A) the wife; . [Footnote 2] Thus, the question for decision is whether this difference in treatment constitutes an unconstitutional discrimination against servicewomen in violation of the Due Process Clause of the Fifth Amendment. Moreover, the Government concedes that the differential treatment accorded men and women under these statutes serves no purpose other than mere "administrative convenience." Get 2 points on providing a valid reason for the above § 1071. See generally L. Kanowitz, Women and the Law: The Unfinished Revolution 5-6 (1969); G. Myrdal, An American Dilemma 1073 (20th anniversary ed.1962). § 8341, as amended, 84 Stat. Similarly, the Equal Pay Act of 1963 provides that no employer covered by the Act "shall discriminate . While prepping for the 1972 appeal in the case, the SPLC faction had reached out to Ginsberg for aid, with recognition to her partial victory in the Reed v. Reed case of only a year prior, 1971. Although the legislative history of these statutes sheds virtually no light on the purposes underlying the differential treatment accorded male and female members, The Government offers no concrete evidence, however, tending to support its view that such differential treatment in fact saves the Government any money. similarly situated," and therefore involves the "very kind of arbitrary legislative choice forbidden by the [Constitution] . BRENNAN, J., announced the Court's judgment and delivered an opinion, in which DOUGLAS, WHITE, and MARSHALL, JJ., joined. Indeed, given the fact that approximately 99% of all members of the uniformed services are male, the District. [Footnote 5] In essence, appellants asserted that the discriminatory impact of the statutes is twofold: first, as a procedural matter, a female member is required to demonstrate her spouse's dependency, while no such burden is imposed upon male members; and, second, as a substantive matter, a male member who does not provide more than one-half of his wife's support receives benefits, while a similarly situated female member is denied such benefits. Brief for Appellee in No. Indeed, appellee maintained that "it is a matter of common knowledge, that women still are not engaged in politics, the professions, business or industry to the extent that men are." L. Rev. 42 U.S.C. §§ 1072, 1076. Appellants then commenced this suit, contending that, by making this distinction, the statutes unreasonably discriminate on the basis of sex in violation of the Due Process Clause of the Fifth Amendment. REHNQUIST, J., filed a dissenting statement, post, p. 411 U. S. 691. Since he receives $205 per month in veterans' benefits, it is clear that he is not dependent upon appellant Sharron Frontiero for more than one-half of his support. ." In other words, strict scrutiny would require a state to show why there is a compelling state interest for the discrimination or sex classification, instead of the much easier to meet test of some rational basis for the law. Schneider v. Rusk, 377 U. S. 163, 377 U. S. 168 (1964); see Shapiro v. Thompson, 394 U. S. 618, 394 U. S. 641-642 (1969); Bolling v. Sharpe, 347 U. S. 497 (1954).
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