Sunday, March 25, 2012

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.

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.

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