Equality/Equal Protection Protection Against Gender Discrimination 1. The Supreme Court interpretations of gender discrimination have evolved over the years. In 1873 the Court upheld an Illinois law that prohibited women from practicing law. The Supreme Court applied the standard "ordinary scrutiny" to claims of discrimination against women. 2. This level of scrutiny was addressed in Reed v. Reed 404 U.S. 71 (1971), a case challenging an Idaho statute that required that males be preferred to equally qualified females as administrators of estates. The Court found that the statute represented "the kind of arbitrary legislative choice forbidden by the Equal Protection Clause," and established that sex-based discrimination was entitled to higher scrutiny under the Constitution, later to be understood as "middle tier" level scrutiny. Under the "substantial relationship" test, the government must show an important reason to justify its classification, and there must be a close relationship between the government’s act and its purpose. The governmental act must be "reasonable, not arbitrary...and rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstanced will be treated alike." Discussion Questions Why are equal protection for gender and race not given the same scrutiny by the Constitution? Should the Equal Rights Amendment, guaranteeing women equal treatment of the laws, have been added to the Constitution? If the Fourteenth Amendment remains today the primary constitutional protection for equal rights, why did Congress need to pass the 1964 Civil Rights Act? Should the laws provide for "equality of opportunity" or equality in such quality of life measures as education, income, medical care, etc.? Speech Ideas/Talking Points Home | Equality/Equal Protection Home Tips on Volunteering Home