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The Reed Case: The Seed For Equal Protection From Sex-Based Discrimination, Or Polite Judicial Hedging?, John P. Murphy Jr.
The Reed Case: The Seed For Equal Protection From Sex-Based Discrimination, Or Polite Judicial Hedging?, John P. Murphy Jr.
Akron Law Review
Reed is yet another example of how the Equal Protection Clause may be used to strike down state statutes which embody arbitrary classifications that are neither fairly nor substantially related to the object of the statute, and which bring about the invidious discrimination that is repugnant to the Fourteenth Amendment. It must stressed that the outcome of Reed is clearly commendable in terms of justice. What is troublesome is the fact that one may contend that the Supreme Court hedged, perhaps avoided, an excellent opportunity in which to expand the constitutional scope of the Equal Protection Clause. Reed afforded the …
Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary Salomone
Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary Salomone
Akron Law Review
Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court’s decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have “an exceedingly persuasive justification” in order to pass muster under the Fourteenth Amendment equal protection clause.1 That decision has become a key factor in recent efforts by school districts to establish single-sex schools …