Reed v. Reed case brief

Reed v. Reed (1971)

Facts: Idaho statute designated a “tie-breaker” preference for males over females of equal degrees of relationship to be appointed to administer an estate.

Holding: SC used rational basis and struck down the statute, stating that the classification “must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstances shall be treated alike.” Statute facially discriminatory.

• This demonstrates a small step away using more than rational basis (although they still called it rational basis at this time). Beginning of the idea that sex-based classification should also be treated as suspect.