Frontiero v. Richardson. 411 U.S. 677. The mention of the Equal Rights Amendment in the plurality opinion and Justice Powell’s concurrence is a interesting vestige of the 1970s. 's' : ''}}. DOCKET NO. 71—1694. Enrolling in a course lets you earn progress by passing quizzes and exams. The statute at issue is an “invidious” type of discrimination that violates the Constitution. FRONTIERO v. RICHARDSON 411 U.S. 677 (1973)In Reed v. Reed (1971) a unanimous Supreme Court had invalidated a state law preferring the appointment of men, rather than women, as administrators of decedents' estates. This amendment, which proposed to constitutionally prohibit discrimination on the bases of gender, was working its way through legislatures throughout the 50 states. The District Court denied the injunction, finding the law constitutional. FRONTIERO v. RICHARDSON Syllabus FRONTIERO ET-VIR v. RICHARDSON, SECRETARY OF DEFENSE, ET AL. United States Supreme Court. Frontiero v. Richardson. By the 1960s, the focus had shifted to ending pay and benefit discrimination based on gender. The Court cited Reed v. Reed where they held that an Idaho law giving statutory preference to male estate administrators, violated the 14th Amendment's unequal protection clause, which required that everyone be equal under the law. This resulted in ''considerable savings'' when they did not have to spend funds to verify the applications. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA. A married woman Air Force officer (hereafter appellant) sought increased benefits for her husband as a "dependent" under 37 U.S.C. Frontiero v. Richardson. PETITIONER:Frontiero. significance for the purposes of common law interpretation—and proposing that it should in fact be expended, as one potentially valuable means of responding to what it argues is the undue difficulty of successful constitutional amendment under Article V. INTRODUCTION Thirty years ago, in Frontiero v. Richardson,1 the Supreme Court Mr. Justice REHNQUIST dissents for the reasons stated by Judge Rives in his opinion for the District Court, Frontiero v. Laird, 341 F.Supp. Get Frontiero v. Richardson, 411 U.S. 677 (1973), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Did a federal law violate the Due Process Clause of the Fifth Amendment by having different requirements for military spousal benefits based on whether the serviceperson was male or female? In this case, we will learn how the Supreme Court dealt with the issue in ''Frontiero v. Richardson''. flashcard set{{course.flashcardSetCoun > 1 ? : 71-1694 DECIDED BY: Burger Court (1972-1975) LOWER COURT: CITATION: 411 US 677 (1973) ARGUED: Jan 17, 1973 DECIDED: May 14, 1973. A woman in the U.S. Air Force sued to enjoin enforcement of the law, arguing that it was unconstitutionally discriminatory. Under the law, a serviceman was permitted to claim his wife as a dependent, regardless of whether the wife was actually dependent. A Double Standard for Benefits – Frontiero v. Richardson, 411 U.S. 677 (1973) The uncertainty engendered by the Court’s opinion in Reed v. Reed surfaced the very next term in a case called Frontiero v. Richardson. No. The 14th Amendment extended the protections in the Bill of Rights to the citizens of the states. 1764. At the time of this case, the national debate on pay equity was in the forefront. This clause requires that before the government could take away someone's life, liberty or property, there had to be a judicial process. A married woman Air Force officer (hereafter appellant) sought increased benefits for her husband as a "dependent" under 37 U.S.C. Decided May 14, 1973. Frontiero v Richardson (precedents) Reed v Reed. Argued Jan. 17, 1973. Congress passed a law granting members of the armed services with dependents an increased housing allowance, as well as medical and dental benefits for their dependents. For gender issues, the Court held that the proper test was strict scrutiny, which meant that the government had to show their law or action was to further a compelling interest, and that the law was narrowly tailored to achieve that interest. INTRODUCTION “Hot damn!” These were the words self-described “flaming feminist” Sharron Frontiero joyously uttered when she learned that the U.S. Supreme Court's decision in her landmark 1973 case, Frontiero v. Richardson , would allow female military personnel to receive the same dependency benefits for their husbands as their male counterparts were already … Listen to the opinion: Tweet Brief Fact Summary. The Court had used the rhetoric of the rational basis standard of review but had in fact employed a more rigorous standard of judicial review. 93 S.Ct. The mention of the Equal Rights Amendment in the plurality opinion and Justice Powell’s concurrence is a interesting vestige of … 71-1694. Moritz v. Commissioner, 1972. On May 14, 1973, the Supreme Court issued its decision in Frontiero v.Richardson, a case that furthered the cause of gender equality within the U.S. military and, indeed, the United States.. However, what about benefits? Brennan said, ''Classifications based upon sex, like classifications based upon race, alienage, or national origin, are inherently suspect, and must, therefore, be subjected to strict judicial scrutiny.''. (adsbygoogle = window.adsbygoogle || []).push({}); Planned Parenthood of Southeastern Pennsylvania v. Casey. Frontiero v. Richardson. Frontiero v. Richardson, 411 U.S. 677 (1973) I. That same benefit is owed to wives of male members of the military according to federal law. Frontiero v. Richardson. A female Air Force Lieutenant sought increased benefits on the basis of her husband as a dependent, which were refused by the armed services’ policy of only allowing men to claim wives presumptively as dependents. 11 Argued Jan. 17, 1973. Argued January 17, 1973. When applying, the law determined a dependant as one who relies on the other for over one half of their support. In the 1973 case, Frontiero v. Richardson, Ginsberg argued on behalf of the husband of a female Air Force lieutenant who was refused military benefits based on the assumption that a man was not likely to be the dependent spouse. 71-1694 Argued: January 17, 1973 Decided: May 14, 1973. Take a quick interactive quiz on the concepts in Frontiero v. Richardson: Case Brief, Summary & Significance or print the worksheet to practice offline. Richardson (1973) In Frontiero v. Richardson (1973), the Supreme Court ruled that a law classifying benefits on the basis of gender violated the Constitution, but it could not agree on why. Husbands of women in the armed forces, however, had to first prove that they were dependent upon their wives for over one-half of their support before they could receive benefits as “dependents.”. 3. United States Supreme Court 411 U.S. 677 (1973) Facts. frontiero v. RICHARDSON A married woman Air Force officer (hereafter appellant) sought increased benefits for her husband as a "dependent" under 37 U.S.C. Federal law provided that the wives of men in the United States armed forces automatically received certain benefits as “dependents” of their husbands. 2d 583, 1973 U.S. Brief Fact Summary. 201 (1972). Sharron Frontiero, a lieutenant in the United States Air Force, sought a dependent's allowance for her husband. When a male applied for benefits from the military, it was assumed the wife was a dependant, and thus there was no inquiry into her actual earnings to determine her dependant status. The District Court speculated that the dissimilar treatment of the sexes was because most military personnel were male, and thus it was administratively more efficient to give dependency benefits automatically to the wives of servicemen. Justice Rehnquist dissented based upon the reasoning of the lower court. Respondents. Opinion for Frontiero v. Richardson, 411 U.S. 677, 93 S. Ct. 1764, 36 L. Ed. 71-1694. S HARON A. FRONTIERO, a lieutenant in the United States Air Force, sought increased benefits for her husband as a "dependent" under 37 U.S.C. A female Air Force Lieutenant sought increased benefits on the basis of her husband as a dependent, which were refused by the armed services’ policy of only allowing men to claim wives presumptively as dependents. https://supreme.justia.com/cases/federal/us/411/677/case.html. 1878, 84th Cong., 2d Sess.MR. By the 1960s, the focus had shifted to ending pay and benefit discrimination based on gender. All rights reserved. Those statutes … §§ 401, 403, and 10 U.S.C. However, when a female applied for benefits for her male spouse, the inquiry was automatic. Of course, the Equal Rights Amendment never became law. The justices also came within one vote of finding sex an "inherently suspect" category for equal protection purposes. In addition, the Equal Rights Amendment is currently being considered, which would be resolve the issue through normal democratic means. RBG argued as amicus in this case in Sharron Frontiero’s favor. Argued January 17, 1973. Argued January 17, 1973. Case Information . No. In the military, your pay is based on your rank. Known more colloquially as the backstory to “On the Basis of … A married woman Air Force officer (hereafter appellant) sought increased benefits for her husband as a "dependent" under 37 U.S.C. The assumption that "the husband in our society is generally the `breadwinner' in the family [while] the wife [is] typically the `dependent' partner," was shown to be no longer valid. 401, 403, and 10 U.S.C. This was in part because of issues like the present case, and in part by the fact that the Equal Rights Amendment. She requested certain benefits from the government for her husband, who was a full-time student. 2d 583, 1973 U.S. Brief Fact Summary. The equal protection clause stated that everyone was equal under the law, and the other is the due process clause. Sociology 110: Cultural Studies & Diversity in the U.S. Frontiero v. Richardson. This means that to be constitutional, a discriminatory law must: Previously in gender discrimination cases, the Supreme Court employed the rational basis test, meaning the government need only show a rational basis to a legitimate government interest, to support a discriminatory law. Yes. Reed v. Reed was the first major Supreme Court case that addressed that discrimination based on gender was unconstitutional because it denies equal protection. Frontiero v. Richardson. Be narrowly tailored to achieve that interest. How Long is the School Day in Homeschool Programs? The judgment of the District Court for the Middle District of Alabama is reversed. This is the issue the Supreme Court took up in Frontiero v. Richardson (1973). FRONTIERO v. RICHARDSON; FRONTIERO v. RICHARDSON. Sharron A. Frontiero, Joseph Frontiero. It also contained two important clauses that directly gave those same citizens certain protections. This means that when looking at laws, or any government action that facially discriminates (meaning the law is written to treat the group detrimentally) on the basis of gender, then the law should be reviewed under the strict scrutiny standard. Everyone should get the same pay for the same job, right? The district court below recognized this, but relied on Reed v. Reed and Frontiero v. Richardson for the view that Hoyt v. Florida (and the old case of Strauder v. West Virginia) has been eroded. The Court also held that when reviewing gender discrimination cases, the Court could no longer look at the rational basis test, which only required that the government show a rational basis to a legitimate government interest before they could discriminate. Opposed to the first wave of feminism the second wave was more inclusive to women of color. National Constitution Center Frontiero v. Richardson . FRONTIERO v. RICHARDSON U.S. Supreme Court (May 14, 1973) May 14, 1973; Subsequent References; Similar Judgments; FRONTIERO v. RICHARDSON. 1072, 1076. under 37 U. S. 0. However, Brennan pointed out that in Reed v. Reed the court struck down an Idaho law that gave statutory preference to male administrators over females using the rational basis standard. : 71-1694 DECIDED BY: Burger Court (1972-1975) LOWER COURT: CITATION: 411 US 677 (1973) ARGUED: Jan 17, 1973 DECIDED: May 14, 1973. In the early 1970s, Air Force lieutenant Sharron Frontiero sued the U.S. Secretary of Defense—Melvin Laird at first, later replaced by Eliot Richardson—in federal district court after … Laird, 341 F.Supp. Wiesenfeld, 1975). 71-1694. He discussed the past discrimination women had suffered in both social and legal status, pointing to the ongoing national debate brought about by the Equal Rights Amendment. Women Need Not Apply On the surface, it … Create your account, Already registered? Frontiero v. Richardson Significance. Brennan, though, felt that relying on the rational basis test for gender issues was insufficient. The 201 (1972). Frontiero v. Richardson. Required Assignments for Computer Science 103, Required Assignments for Political Science 103, COVID-19 Education Trends that are Here to Stay, What to Do with a COVID-19 College Gap Year, Active Learning Strategies for the Online Classroom, How to Promote Online Safety for Students in Online Learning, 2021 Study.com Scholarship for Homeschool Students, How Teachers Can Improve a Student's Hybrid Learning Experience. Sharron A. FRONTIERO and Joseph Frontiero, Appellants, v. Elliot L. RICHARDSON, Secretary of Defense, et al. 2d 583, 9 FEP Cases 1253 (1973) Brief Fact Summary. Women in the United States Marine Corps-Wikipedia. Synopsis of Rule of Law. The financial status of the spouses of the male service members was not questioned, while the applications of the female members were. Frontiero v. Richardson, 411 U.S. 677 (1973) Frontiero v. Richardson. Frontiero v. Richardson: Case Brief, Summary & Significance, Create an account to start this course today. 2d 583, 1973 U.S. LEXIS 153 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Those attributes were never more on display than in the 1973 Supreme Court case Frontiero v. Richardson, the first time that Ginsburg—then a legal advocate for women’s rights— gave an oral argument before the Court. Quick Reference. She claimed him as a ''dependant'' so they could get housing and medical benefits. The Court held that the law violated the Due Process Clause of the Fifth Amendment. Lt Sharron Frontiero of the United States Air Force applied for benefits for her husband, Joseph. Most likely because it was happening at the same time as the Civil rights and Chinco movements. Writing the opinion of the Court with a plurality of justices, Justice Brennan began by noting that discrimination based on sex has unfortunately endured throughout history. 411 U.S. 677. FRONTIERO v. RICHARDSON(1973) No. Elliot L. Richardson, Secretary of Defense, et al. The Frontiero v. Richardson decision noted that U.S. statute books were "laden with gross, stereotyped distinctions between the sexes." With him on the brief was Morris S. Dees, Jr. Samuel Huntington argued the cause for … It also established that gender discrimination issues based on due process and equal protection would be reviewed with strict scrutiny. Accordingly, some heightened scrutiny, beyond rational basis scrutiny, is required because laws that discriminate based on sex are inherently suspect. In Hoyt v. Florida, 368 u.s. 57 (1961), the Court upheld the constitutionality of a Florida statute almost identical to Louisiana law. §§ 1072, 1076. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons The Alabama district court whose decision Sharon Frontiero appealed had commented on the administrative convenience of the law. Because she could not show that her husband relied on her for over one-half of his support, her request was denied. This was a time of women’s marches and advocates for equal rights. S HARON A. FRONTIERO, a lieutenant in the United States Air Force, sought increased benefits for her husband as a "dependent" under 37 U.S.C. Decided May 14, 1973. The Court had used the rhetoric of the rational basis standard of review but had in fact employed a more rigorous standard of judicial review. 2d 583, 9 FEP Cases 1253 (1973) Brief Fact Summary. 401, 403, and 10 U.S.C. Supreme Court of United States. APPEAL FROM THE UNITED STATES DISTRICT COURT XFOR THE MIDDLE DISTRICT OF ALABAMA No.
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