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Geduldig V. Aiello, 417 U.S. 484 (1974) (Judgment), Lucinda M. Finley
Geduldig V. Aiello, 417 U.S. 484 (1974) (Judgment), Lucinda M. Finley
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Published as part of Chapter 10 in Feminist Judgments, Kathryn M. Stanchi, Linda L. Berger & Bridget J. Crawford, eds.
In Geduldig, the Court was asked to decide whether California invidiously discriminated against women in violation of equal protection doctrine by excluding disabilities related to “normal” pregnancy and childbirth from its otherwise comprehensive employment disability insurance program. At the time, the U.S. Supreme Court had not yet clearly articulated that heightened scrutiny must apply for sex-based classifications, although it had strongly suggested as much in two recent cases, Reed v. Reed and Frontiero v. Richardson. The Court had …