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