Frontiero v. Richardson, Footnote 5 Footnote 3 .
U.S. 973 He then sought a declaratory judgment in country Circuit Court, which held the statute violative of the Equal Protection Clause of the Fourteenth Amendment.
. Issue. 404 On the contrary, these statutes seize upon a group - women - who have historically suffered discrimination in employment, and rely on the effects of this past discrimination as a justification for heaping on additional economic disadvantages." Facts. U.S. 81, 100
The Florida Supreme Court reversed, finding the classification valid because it has a "`fair and substantial relation to the object of the legislation,'"
See Note, Developments in the Law - Equal Protection, 82 Harv. Kahn (P) filed a case against Shevin (D) who is the tax assessor, asking the court to declare the Florida judgment a violation of the Equal Protection Clause in the Fourteenth Amendment, which guarantees the same protections under law to all people in like circumstances. Your Study Buddy will automatically renew until cancelled. [416 In such cases, the government must prove not only that such classifications serve a compelling government interest, but also that the interest cannot be served by any other classification. Kahn (P) was a widower in Florida who sued the state of Florida (D) on the grounds that the statute enabling widows but not widowers to claim a property tax exemption was arbitrary. . Firefox, or 411 . 347
U.S. 351, 355]. (1971).
281 APPEAL FROM THE SUPREME COURT OF FLORIDA. . Thank you and the best of luck to you on your LSAT exam. 196.202 (Supp.
309 253 388
There are, of course, efforts under way to remedy this situation. Footnote 10 Defining The Scope Of 'Liberty' And 'Property' Protected By The Due Process Clause-The Procedural Due Process Cases, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law.
The state of Florida provides a version of property tax relief for widows (women) but not widowers (men). Footnote 7 [416 Supreme Court of United States.
See Shapiro v. Thompson, (1969); Carrington v. Rash, 2 ] See Loving v. Virginia, U.S. 83, 87
But there are many rich widows who need no largess from the State; many others are highly trained and have held lucrative positions long before the death of their husbands. 411 404
Aiming at dministrative efficiency alone is not a reason to make a gender-based division. Frontiero v. Richardson, supra, at 690. 454.
of Oral Arg. It was denied because the statute offers no analogous benefit for widowers. (Footnotes omitted.). Indeed, the extent of the economic disparity between men and women is dramatized by the data cited by the Court, ante, at 353-354. U.S. 184, 191 This case, therefore, does not require resolution of the more difficult questions raised by remedial legislation which makes special treatment mandatory. , on which the Court specifically relied, id., at 419-420, emphasized that the special physical structure of women has a bearing on the "conditions under which she should be permitted to toil." ] The Women's Bureau provides the following data: Women's median Median earnings earnings ----------------- as percent Year Women Men of men's ------------------------------------------------------------- 1972 ......................$5,903 $10,202 57.9 1971 ...................... 5,593 9,399 59.5 1970 ...................... 5,323 8,966 59.4 1969 ...................... 4,977 8,227 60.5 1968 ...................... 4,457 7,664 58.2 1967 ...................... 4,150 7,182 57.8 1966 ...................... 3,973 6,848 58.0 1965 ...................... 3,823 6,375 60.0 29-31. Gender-based classifications cannot be sustained merely because they promote legitimate governmental interests, such as efficacious administration of government. U.S. 677 The object of the legislation could be achieved with other non-discriminatory means or by using a more precise set of parameters. In this case, he argued that the purpose of the legislation could be achieved without gender-based discrimination. Appellant, a widower, was denied an exemption because the statute offers no analogous benefit for widowers. (1973). In ths case the tax exemption is founded on a reasonable premise, that the financial impact of losing a spouse is disproportionately higher for the female sex, and that the exemption of this class from tax will reduce the financial burden. ] In 1970 while 40% of males in the work force earned over $10,000, and 70% over $7,000, 45% of women working full time earned less than $5,000, and 73.9% earned less than $7,000. With her on the briefs was Melvin L. Wulf. [416 Dissent. Begin typing to search, use arrow keys to navigate, use enter to select. The famous Brandeis Brief in Muller v. Oregon, Widower Mel Kahn applied to the Dade County Tax Assessor’s Office for the property tax exemption, which was denied. 80. U.S. 71, 76 414
On the federal level, Title VII of the Civil Rights Act of 1964 prohibits covered employers and labor unions from discrimination on the basis of sex, 78 Stat. Yet none of them qualifies for the exemption. You have successfully signed up to receive the Casebriefs newsletter.
56, 29 U.S.C.
MR. JUSTICE DOUGLAS delivered the opinion of the Court. Justice William J. Brennan, Jr. wrote a dissenting opinion in which he argued classifications based on characteristics over which individuals have no control, such as gender, must be subject to strict judicial scrutiny.
Ginsburg looked to Weinberger v. Moreover, even if past discrimination is considered to be the criterion for current tax exemption, The dissents would use the Equal Protection Clause as a vehicle for reinstating notions of substantive due process that have been repudiated. Footnote 7
capabilities of a man and a woman . 1964 ...................... 3,690 6,195 59.6 1963 ...................... 3,561 5,978 59.6 1962 ...................... 3,446 5,794 59.5 1961 ...................... 3,351 5,644 59.4 1960 ...................... 3,293 5,417 60.8 1959 ...................... 3,193 5,209 61.3 1958 ...................... 3,102 4,927 63.0 1957 ...................... 3,008 4,713 63.8 1956 ...................... 2,827 4,466 63.3 1955 ...................... 2,719 4,252 63.9 ------------------------------------------------------------- Note.
Justice William O. Douglas delivered the opinion of the 6-3 majority. U.S. 412
A Ferriss, Indicators of Trends in the Status of American Women 95 (1971). . U.S. 497, 499 Footnote 4 While widowers can generally continue in the job they held previously, many widows find themselves entering the job market for the first time or after an extended absence. U.S. 633, 644
He sued in circuit court and sought a declaratory judgment. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year).
and it applies here as well. Ohio Oil Co. v. Conway, (Brennan, J.)
See Frontiero v. Richardson,
. Discussion. Footnote 1
No one familiar with this country's history of pervasive sex discrimination against women 411 ] See Graham v. Richardson, I perceive no purpose served by the exemption other than to alleviate current economic necessity, but the State extends the exemption to widows who do not need the help and denies it to widowers who do.
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