Equal Protection and Sex Discrimination
Feb 19, 2016
Equal Protection and Sex Discrimination
Mildred Jeter and Richard Loving
Structure of EP decision
• What is the classification being used?• What is the class that is disadvantaged?• What is the individual interest being
limited?
Classification theories
• See pp. 80-01: Aristotle; Weber; Allport• Application to race? • Application to sex/gender?
Class theories
• See pp. 81-83: Rawls/veil of ignorance; Harlan and social harmony; Carolene Products/ “discrete and insular minorities”
• Application to African-Americans?• Application to women?
Fundamental interests
• Examine what these might be in each case
Application of theories
• Hoyt: sex; women(?); jury service– Women in jury pool only if opt in– Case brought by women convicted by 12 men
• Kameny: sexual orientation; homosexuals; government employment– CSC rules excluded ‘homosexuals’– Case brought by ‘practicing’ homosexual
astronomer [and activist]
Franklin Kameny
• Presenting papers to Library of Congress
Pauli Murray: lawyer, activist, lesbian feminist,
African-American, priest
Ruth Bader Ginsburg: lawyer, Supreme Court justice
Phyllis Schlafly
• Arguments Against ERA– Loss of husband’s duty to support wives– Women drafted, in combat– Unisex bathrooms– Homosexual rights