Constitutional Law - Due Process United States Supreme Court in Plurality Opinion Names Sex a Suspect Classification Requiring Compelling Interest Test - Fronterio v. Richardson, 411 U.S. 677 (1973)
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Authors
Dixon, Joyce
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|Recent federal cases have raised the issue of the proper test to be employed in deciding whether male/female statutory classifications meet constitutional requirements of equal protection and due process. In adjudicating these sex discrimination cases, federal courts have applied three basic tests. The traditional "rational basis" test indicates that challenged legislation need only have a modicum of reasonableness to be sustained. The "compelling interest" test forces challenged legislation to pass rigorous scrutiny. A third rational basis test enunciated by the United States Supreme Court in the sex discrimination case of Reed v. Reed lies somewhere between the first two. In May, 1973, the Supreme Court again faced the issue of the proper test in sex discrimination cases in Frontiero v. Richardson? The failure of the Justices to agree on the proper test signifies the confusion in this area and the need for resolution. One possible way of avoiding the present semantic quagmire is application of a balancing test that incorporates traditional equal protection guidelines...
Description
Citation
7 Creighton L. Rev. 69 (1973-1974)
Publisher
Creighton University School of Law