CRM/LAW C113 Lecture Notes - Lecture 5: Equal Rights Amendment, Protected Group, Suspect Classification
15 Oct 2018
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Used in cases regarding race based discrimination. Evaluate a law with a lot of suspicion, highest level of scrutiny/evaluation. Sex based discrimination has historically been evaluated with ordinary scrutiny. Used in bradwell v. illinois -> license denied because was a woman & therefore unfit for the profession. Would have been harder for illinois to come up with compelling reason had court used strict scrutiny. Courts needed to decide which level of scrutiny they needed to use. Sally & cecil reed -> separated couple that had a son passed away & someone needed to take over his estate since he died without a will. Idaho tries to justify its law when reed sues. Supreme court: the lower court"s reasoning was arbitrary & not legitimate enough to justify gender discrimination under the equal protection clause. Sally was very close to her son & wanted to become the administrator of the estate. Court defaulted to the man/father because of sex.
