Frontiero v. Richardson, 411 U.S. 677 (1973)

"Our Nation has had a long and unfortunate history of sex discrimination."

Alabama, 1971. Air Force Lieutenant Sharron Frontiero applies for medical and housing benefits. She lists her husband as dependant. Servicemen may claim dependent wives without proof. Servicewomen must document their husband is financially dependent for at least half his support. The Lieutenant's husband is not: benefits denied. She appeals.

The Government argues it's cheaper and easier to assume a wife is dependent. But a husband? Prove it.

"This difference in treatment," says the Supreme Court, is "an unconstitutional discrimination against servicewomen, in violation of the Due Process Clause of the Fifth Amendment." Justice Brennan writes: "Our Nation has had a long and unfortunate history of sex discrimination, rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women, not on a pedestal, but in a cage."

For more...

Constitutional Adjudication In The United States As A Means Of Advancing The Equal Stature Of Men And Women Under The Law Hofstra Law Review Vol 26 No.2 WINTER 1997

By Ruth Bader Ginsburg who argued the cause for the American Civil Liberties Union

Joe Levin Biograhpy Southern Poverty Law Center

Joseph J. Levin, Jr., argued the cause for appellants.

Justice Walter Brennan Washington Post October 6 1996
Persons v. The People: How we got the ERA Ex Femina July 1999
Equal Rights Amendment Exploring Constitutional Conflicts

AMENDMENT 5 Due Process of Law

Passed by Congress September 25, 1789. Ratified December 15, 1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [^].

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