Omar Bennett
The Fourteenth Amendment, initially aimed at ensuring racial equality post-Civil War, has evolved to address gender discrimination through its Equal Protection Clause. The Supreme Court has used the Equal Protection Clause to prohibit discrimination on bases besides race, such as gender. In Reed v. Reed, a mandatory provision of the Idaho probate code that gave preference to men over women when persons of the same entitlement class applied for appointment as administrators of a decedent's estate was deemed unconstitutional. This case set a precedent that discrimination based on gender is not constitutional when naming the administrator of an estate.
| Characteristics | Values |
|---|---|
| Probate matters involving discrimination based on gender | Unconstitutional per the Fourteenth Amendment's Equal Protection Clause |
| Example of unconstitutionality | Reed v. Reed, 404 U.S. 71 (1971) |
| History of the Equal Protection Clause | Initially aimed at ensuring racial equality after the Civil War |
| Suspect classifications | Race, national origin, gender, immigration status, and wedlock status at birth |
| Marital status and discrimination | Advocates have challenged "illegitimacy" penalties, such as the denial of inheritance rights, which disproportionately impact families of color |
| Gender bias in probate matters | A 2015 survey of 827 probate judges across nine states investigated the influence of gender bias on testamentary challenges |
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What You'll Learn
Gender discrimination in probate matters is unconstitutional
The Fourteenth Amendment to the U.S. Constitution was designed to ensure fairness, particularly for newly emancipated African Americans after the Civil War. Over time, its interpretation has expanded, and the Supreme Court has used its Equal Protection Clause to combat gender discrimination. In Reed v. Reed (1971), the Supreme Court ruled that a mandatory provision of the Idaho probate code that gives preference to men over women when persons of the same entitlement class apply for appointment as administrator of a decedent's estate is based solely on a discrimination prohibited by and therefore violative of the Equal Protection Clause of the Fourteenth Amendment. The Court held that to give a mandatory preference to members of either sex over members of the other is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause.
While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing, much less crediting, their constitutional significance. However, the Supreme Court has used the Equal Protection Clause to prohibit discrimination on bases besides race. While most laws are assessed under "rational basis scrutiny", where any plausible and legitimate reason for the discrimination is sufficient to render it constitutional, laws that rely on "'suspect classifications' are assessed under "heightened scrutiny". Here, the government must have important or compelling reasons to justify the discrimination, and the discrimination must be carefully tailored to serve those reasons. While race and national origin are suspect classifications, the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications.
The Fourteenth Amendment has been instrumental in promoting equality in the United States, and its interpretation has expanded beyond its original purpose. Landmark Supreme Court cases, such as Reed v. Reed and United States v. Virginia, have struck down laws and policies that discriminate based on gender using "intermediate scrutiny". Today, the Fourteenth Amendment remains a vital tool in the ongoing fight for equal protection and justice for all Americans.
While gender discrimination in probate matters is unconstitutional, other potential sources of bias in judicial decision-making deserve empirical investigation. Such factors might include racism, homophobia, judges' perceptions of mental illness or dementia, ageism, or religious discrimination. Further research may help to elucidate the degree to which these other potential sources of bias may influence a judge's decision to uphold or overturn a testator's will.
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The Fourteenth Amendment and gender discrimination
The Fourteenth Amendment, which was ratified after the Civil War in 1868, was initially aimed at ensuring racial equality and protecting newly emancipated African Americans. The most commonly used and frequently litigated phrase in the amendment is "equal protection of the laws", which has been central to a wide variety of landmark cases, including those pertaining to racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.
The Fourteenth Amendment has evolved to address gender discrimination through its Equal Protection Clause. Landmark Supreme Court cases, such as Reed v. Reed and United States v. Virginia, have struck down laws and policies that discriminate based on gender using "intermediate scrutiny". In Reed v. Reed, a case from 1971, the Supreme Court ruled that a mandatory provision of the Idaho probate code that gave preference to men over women when persons of the same entitlement class applied for appointment as administrator of a decedent's estate was based solely on discrimination prohibited by the Equal Protection Clause of the Fourteenth Amendment.
The Supreme Court has used the Fourteenth Amendment to prohibit discrimination on bases besides race, such as gender, immigration status, and wedlock status at birth. When a law involves a "'suspect classification', like race, it is subject to "strict scrutiny", the toughest standard. Under strict scrutiny, the government must demonstrate a "compelling state interest" and show that the law is narrowly tailored to achieve that interest. Most laws, however, are reviewed under the more lenient "rational basis" test, where any plausible and legitimate reason for the discrimination is sufficient to render it constitutional.
In recent years, conversations around gender discrimination have expanded to include the rights of transgender individuals, including access to bathrooms, healthcare matters, and the ability to change legal documents to reflect their gender identity. Sexual orientation has also been an area of debate, particularly concerning discrimination in employment, housing, and public accommodations. The Supreme Court's decision in Bostock v. Clayton County (2020) highlighted these issues, finding that employment discrimination based on sexual orientation or gender identity violates Title VII of the Civil Rights Act.
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Gender bias in judicial decisions
In the United States, the Fourteenth Amendment's Equal Protection Clause has been used to prohibit discrimination on the basis of gender in probate matters. In the 1971 case of Reed v. Reed, the Supreme Court ruled that a mandatory provision of the Idaho probate code that favoured men over women when appointing administrators of a decedent's estate was unconstitutional. This ruling established that discrimination based on gender in probate matters violates the Equal Protection Clause, which requires states to provide equal protection under the law.
While the Equal Protection Clause was initially intended to prevent racial discrimination, particularly against African Americans, its broad wording has allowed the Supreme Court to interpret it more expansively. Over time, the Court has applied the clause to prohibit discrimination based on gender, immigration status, and wedlock status at birth, in addition to race.
Despite legal prohibitions on gender discrimination, gender bias persists in the judicial system, affecting both female lawyers and judges. Female lawyers, especially those from minority backgrounds, face obstacles such as lower pay, limited advancement opportunities, and gender stereotypes that question their competence and credibility. Female judges are also subject to public perceptions of bias, with their decisions in certain cases, such as those involving reproductive rights and family law, scrutinised through a gendered lens.
The issue of gender bias in judicial decisions is complex and multifaceted. While the legal system has made strides towards equality, with organisations promoting inclusive diversity initiatives, the reality is that gender bias remains pervasive in courtrooms. Female lawyers continue to face challenges in advancing their careers and are often held to different standards than their male counterparts. Similarly, female judges may encounter public skepticism or accusations of ideological bias, particularly in cases that intersect with gender issues.
Addressing gender bias in judicial decisions requires a multifaceted approach. Firstly, there is a need for increased representation of women in the legal profession, including in leadership positions. This can help to challenge gender stereotypes and shift perceptions of female lawyers and judges. Secondly, initiatives that promote gender equality and diversity within law firms and the judiciary should be encouraged and supported. By fostering a culture that values diversity and inclusivity, the legal profession can work towards eliminating gender bias and creating a more equitable environment. Additionally, it is important to continue researching and exposing instances of gender bias in the legal system, as well as implementing measures to hold perpetrators accountable and prevent future occurrences.
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The role of gender in employment discrimination cases
Discrimination based on gender is illegal and unconstitutional in probate matters. In the case of Reed v. Reed (1971), the US Supreme Court held that a provision of the Idaho probate code that gave preference to men over women when persons of the same entitlement class applied for appointment as an administrator of a decedent's estate was based solely on discrimination prohibited by the Equal Protection Clause of the Fourteenth Amendment.
Gender discrimination in the workplace is illegal and refers to the unfair treatment of employees or job applicants because of their sex, gender identity, sexual orientation, or pregnancy. It can manifest in various forms, including employment decisions, salary discrepancies, unequal treatment, personnel decisions based on gender stereotypes, harassment, and retaliation.
Some specific examples of gender discrimination in employment include:
- Refusing to hire or promote a qualified individual because of their gender
- Paying employees of one gender less than employees of another gender for the same work
- Holding employees to different standards or evaluating them more harshly because of their gender identity or expression
- Making personnel decisions or comments based on gender stereotypes or an employee's adherence to traditional gender roles
- Harassing or offending employees based on their gender, sexual orientation, or other traits
- Retaliating against employees who call attention to discriminatory behavior or practices
It is important to note that gender discrimination often intersects with other forms of discrimination, such as race or class. For example, a woman of color may experience discrimination in the workplace differently from a white female colleague due to the combination of her gender and race.
To prove a gender discrimination claim, individuals must establish that they belong to a protected class and have received unfair treatment compared to other employees. This may include keeping records of discriminatory conduct, gathering direct or circumstantial evidence, and consulting with legal professionals.
Various laws, such as the Fair Employment and Housing Act and state-specific legislation like New York's Gender Expression Non-Discrimination Act (GENDA), aim to protect employees from gender discrimination and promote equal treatment, equal pay, and equal opportunity in the workplace.
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The Equal Protection Clause and gender discrimination
The Equal Protection Clause, part of the Fourteenth Amendment to the US Constitution, states that "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws". Initially, the Clause was intended to ensure racial equality after the Civil War and prevent states from discriminating against black people. However, its broad wording has allowed the Supreme Court to interpret it more expansively to address other forms of discrimination, including gender discrimination.
The Equal Protection Clause has been used by the Supreme Court to address sex discrimination issues and ensure that laws do not unfairly discriminate based on gender. This has helped advance women's rights and promote more equal treatment under the law. The Court has developed standards to review claims of discrimination in violation of the Fourteenth Amendment, and gender discrimination claims are examined with "intermediate scrutiny". This means that the Court closely examines these claims and understands that they are not to be taken lightly.
One of the landmark cases that established the use of the Equal Protection Clause in addressing gender discrimination was Reed v. Reed in 1971. In this case, Sally Reed sued her ex-husband, Cecil Reed, over an Idaho law that preferred men over women as estate administrators. The Supreme Court ruled that the law was unconstitutional because it discriminated based on gender, marking an important step for gender equality and the women's rights movement.
Another notable case is Frontiero v. Richardson in 1973, which tackled discriminatory military benefits. This decision reinforced the principle of equality. Other cases that have advanced gender equality and strengthened the legal framework protecting against gender-based discrimination include Craig v. Boren and United States v. Virginia. These cases have expanded the interpretation and application of the Equal Protection Clause, which now acts as a shield against gender discrimination.
While the Equal Protection Clause has been effective in addressing gender discrimination, it is important to note that the Court first applies "rational basis scrutiny" to most laws, where any plausible and legitimate reason for the discrimination is sufficient to render it constitutional. Only when laws rely on ""suspect classifications" like race, gender, immigration status, or wedlock status at birth, does the Court apply "heightened scrutiny". This means that the government must have important or compelling reasons to justify the discrimination, and it must be carefully tailored to serve those reasons.
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Frequently asked questions
No, discrimination based on gender is unconstitutional when naming the administrator of an estate. This was decided in the 1971 case of Reed v. Reed, which ruled that a mandatory provision of the Idaho probate code that gives preference to men over women is based solely on discrimination prohibited by the Equal Protection Clause of the Fourteenth Amendment.
The Equal Protection Clause was ratified after the Civil War in 1868 to stop states from discriminating against African Americans. The Fourteenth Amendment has since been used to address gender discrimination through the Equal Protection Clause, which states that gender is a "suspect classification" requiring "intermediate scrutiny".
Intermediate scrutiny is a standard of review used by the Supreme Court to evaluate gender discrimination claims. The government must show that the state law or action serves "important governmental objectives" and is substantially related to achieving those objectives.
Other potential sources of bias in probate matters include racism, homophobia, judges' perceptions of mental illness or dementia, ageism, and religious discrimination.
Marital supremacy, or the legal privileging of marriage, has been deeply intertwined with inequalities of race, class, gender, and region. Many plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims.
