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Frontiero v. Richardson

(1973)

Supreme Court of the United States - 411 U.S. 677

tl;dr:

Gender classifications are inherently suspect.

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ICRAIssue, Conclusion, Rule, Analysis for Frontiero v. Richardson

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Facts & HoldingFrontiero v. Richardson case brief facts & holding

Facts:Congress passed a law which granted male members of the...

Holding:Concluded that classifications based upon sex (like race, alienage, and...

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Frontiero v. Richardson | Case Brief DeepDive
Majority opinion, author: Mr. Justice Brennan
Level 1
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The Supreme Court ruled that denying increased benefits to a female member of the uniformed services for her husband, who was not dependent on her for more than half of his support, constitutes unconstitutional discrimination against servicewomen. The Court declared a statutory preference for male applicants unconstitutional, citing the nation's long history of sex discrimination. The passage emphasizes the need for equal treatment under the law and highlights Congress' increasing sensitivity to sex-based classifications over the past decade. The District Court's suggestion that differential treatment of female members could lead to savings in administrative expense and manpower was deemed insufficient to justify discrimination.

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Opinion (Concurrence), author: Mr. Justice Powell
Level 1
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The challenged statutes in this case are unconstitutional as they discriminate against servicewomen, violating the Due Process Clause of the Fifth Amendment. However, the classification of sex as a suspect classification is not necessary to decide this case. The Equal Rights Amendment has been approved by Congress and submitted for ratification by the States, which would resolve the issue of sex classifications. The Court should defer from categorizing sex classifications as invoking the strictest test of judicial scrutiny until the Amendment is adopted, as it would represent the will of the people accomplished through the constitutional process. Deciding on this issue prematurely would interfere with the democratic process and undermine confidence in the Court's restraint.

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