Well, I think the figure in their brief was that 43% of women are in the labor force and 18% work full time. Women in the identical position do not and there’s no way to cure that. Well, so we do have to change the meaning of “his” in one, don’t we? In Shapiro versus Thompson, in Reed versus Reed, we feel that this Court explicitly rejected administrative convenience as justifying this kind of discrimination. We, as appellant suggest that the strict standard applicable in the — that the strict standard here does not pose a choice between polar alternatives. In that case, as you will recall the Court reviewed an Idaho statute which provided that when competing applications to administer an estate were filed by a man and a woman in the same priority group, the man was to be given preference and appointed. Working 24/7, 100% Purchase All I ask of our brethren is that they take their feet of our necks.”. Well, in short then the only women who are treated differently then their male counterparts are those women who are married to civilian. If they believe that lower income equals dependency then let them protect their own interest by making that, that is income the criterion and in the sex discrimination they could do this with a narrowly drawn statute. For these reasons, amicus believes that the sex-related means employed by Congress fails to meet the rationality standard. Sharron Frontiero, a lieutenant in the United States Air Force, sought a dependent’s allowance for her husband. But I certainly wouldn’t construe “his” in the masculine or feminine sense. Due to sex classifications listed by appellees imply a judgment of inferiority. Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. And the Government really seeks to explain a way this discrimination by saying that it’s only a procedural difference. website. Now, we got stack up against the woman’s right to be free from these inequalities and what the Government stacks up against the right of women to be free inequalities is the ease of administration.

Just last week in the Crest (ph) decision, which upheld the $50 filing fee for requirement as a pre-condition to discharge and bankruptcy, the Court referred to the suspect criteria of race, nationality, and alienage. Cohen still identifies as “deeply, deeply feminist” and worries about the coming political battle over the filling of Ginsburg’s seat, and what it might mean for the issues she cares about. I am looking at page 23 (a) of the appendix. We agree wholeheartedly with what Mr. Justice Powell had to say in Weber versus Aetna. Now these minorities generally lack the political power to protect their own interest. Yes, we think Reed against Reed is distinguishable. 12/23/1970: Complaint filed in District Court, 04/05/1972: Relief denied (341 F. Supp. Now, let’s say that the Government is correct in what they have to say about our analysis that way. The statistics cited by Professor Ginsburg as to the number of women in high government positions in state and federal legislatures are certainly not in dispute, they’re very small. “It scares me as much as it scares a lot of people,” she said. That’s the only thing that they really advanced in this case. Proponents as well as opponents of the equal rights amendment believe that clarification of the application of equal protection to the sex criterion is needed and should come from this Court. And only last term in Reed against Reed applied the traditional rational basis test. We think that there should be equal burdens here. Could I ask you — if we agreed with the other side, what do you understand the consequence would be? Well, I think the — I think the inquiry here would be what Congress would have wished had it been faced with the situation of not being able to make this classification and I think that the conclusion would have to be that they would wish that the —. So you’re not asking for any, if you extend it all the way around, you certainly wouldn’t be asking for any extension. In not being able to claim their husbands as dependents, military women married to military men are not discriminated against since their husbands could not claim them either. And second, that the rational basis standard is the proper standard for determining the validity of those statutes. And then down below it says however, the first is not a dependent of a female member unless he is in fact dependent on her for over half his support. Women in precisely the same circumstances, identical circumstances do not receive the benefits. The housing allowance statute is 37 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." The Government seems to want to use one-half dependent in the case of women who are seeking to have their husbands as dependents but to use another classification that is just general dependency of bread winning in the case of men, and we think that this cannot in any way be justified. The sex criterion stigmatizes when it is used to limit hours of work for women only. Cohen wasn’t in court when the decision was handed down; she didn’t realize she could attend. Sharron Frontiero, a lieutenant in the United States Air Force, sought a dependent's allowance for her husband. Well, that would have to be the reason, wouldn’t it? However, But it in itself cannot justify the discrimination that exists here. I think you get into a problem when you try and ask the question what is the definition of dependency. It is clear that the core purpose of the Fourteenth Amendment was to eliminate invidious racial discrimination. 401. 1074 both the husband and the wife would qualify for medical benefits. Because I don’t believe that “his” means his in the masculine —, Because the only limitation you have is down here is not a dependent of a female member unless he is in fact dependent on her for over one-half the —. Well, no, just within the definition part itself would be the only — if you simply said that the same standard have to apply to women as applies to men. For example, evidence might be adduced to show that a sex difference which related to performance in combat would be a legitimate governmental interest. She retired from the Air Force after four years, remarried and had a son, Nathan.



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