Beginning of women’s movement thought that treating men and women the same would make them equal
This was known as Formal Equality
Formal Equality
Foundational for other theoretical and doctrinal developments. Most of seminal court decisions are based upon this theory
Individuals who are alike should be treated alike. They should be treated according to their actual characteristics, not their stereotypes
Can apply to individuals and to groups. Look at how each group is being treated.
Is concerned with formal equality in the process, not in the outcome. As long as L treats everyone the same on the exam, it makes no difference that the 2 men get the only As.
Individuals should be allowed to maximize their opportunities.
Is concerned about individual autonomy, elimination of stereotyping, and equal treatment for similar individuals or groups.
The First Wave of the Women’s Movement
Came out about as a legal challenge to women’s impediment towards society
Women wanted equal treatment
Major concerns were:
Had a lot to do with marriage b/c at the time, women lost their right to property upon marriage. In marriage, husband had the right to discipline his wife.
Wanted the right to vote.
Right to children upon divorce,
Right to serve on jury,
right to college education, right to legal responsibility (right to be responsible for their own crimes),
Political rights are very important to this movement (right to vote, jury) because once the political rights are gotten, law makers will be accountable to women. This is how change would come about.
Stanton compares women’s status in marriage to that of a slave.
Formal Equality and the Constitutional Right to Equal Protection of the Law
14th Amendment
Supreme Court initially held, in Slaugher House cases, that 14th only applied to slaves
That position began to evolve, in 1897, that all classifications have to be given some sort of scrutiny and the government can’t treat groups differently for no reason at all
Equal Protection – applies to all persons in the U.S. Prohibits only discriminatory state action (not private action) The 5th guarantees against federal discrimination. Applies to discrimination embodied in formal legal rules, as well as neutral rules as long as they intend to and result in discrimination.
The key to an
her husband, she must prove he is dependent.
Holding
Law is unconstitutional
Reasoning
Classifications based on sex, race, national origin, and alienage are immediately suspect and subject to strict scrutiny
Sex is immutable, determined solely by accident of birth. Such a law violates the basic concept of our legal system that legal burdens should bear some relationship to individual responsibility
Utilizing 5th Amendment because it’s a federal case
Lower court upheld this statute because it presumed that men are breadwinners and women are dependent
In this case 4 justices say that sex based classifications should be subject to strict scrutiny. However, they are not the majority. Say strict should apply because gender classes are immediately suspect b/c they’re immutable, visible, history of discrimination, Congress was dealing with gender laws. (Strict is compelling government interest and the means narrowly tailored)
