Jobs that are edominated by one sex over the other

Ex: Vet medicines; correlation between women vets increasing and total annual income decreasing.

Home: Abuse/domestic violence

Job: Homocide by known person

Statue

Blindfold: impartial, bias

Scales: balance of competing interests

Sword: enforcement powers

Organizes government

Three equal (but separate) branches

Authority

Legislative: Writes the laws

Ex: Congress - house of representatives, senates (2 per state)

Judiciary: Interprets the law

Ex: "best interest of child"

Constitution: Government cannot subject a person to an "unreasonable search and seizure"

Executive: Enforces the law (through regulations)

Ex: President, governor, mayor

Courts can create laws through their "common law" authority

Interpretation is law too --> precedent

Use "rules of statuatory interpretation" to interpret texts

Stare Decisis: use older cases to decide newer ones

Case: Mistreatment of a dependent (child) -- Mother was using drugs during pregnancy

Court was asked to define "child" (fetus? unborn?)

If word is not defined by legistlator, the court will use dictionary definition

"child": Birth and on, law doesn't apply here

Physiology: Reproductive systems

Psychologically: "women more emotional"

Intellectually: "women don't have the same scientific capacity"

Morally: "women more virtuous" -- regulate sexuality

Implicit reminders:

Ex: way we dress (not pertaining to anatomical differencess)

Idea that we don't have to point out the "normal"

Ex: Lady lawyer -- never Man Lawyer

Black Doctor -- never White Doctor

Doctor: Assumed "white male" is norm and we don't have to specify this

Usually occurs without our awareness

Theory: primal man's first instinct when encountering a fiew was to put it out with his urine -- sexual satisfaction

Man who repressed his sexual needs to urinate on the fire would then take it and "conquer the landscape"

Men: public sphere -- business, government, education

Women: private sphere -- home, subordinate to men, caretaker of childrem

Blackstone: used to be considered for her own good, little to no legal rights (right to buy, sue, own, wages, etc)

1953, Nebraska

Wife duty is to lover, honor, obey

Husband must love, cherish, and protect (provide suitable home, maintain, support, defend)

No way for a wife to enforce a right to support (unless she divorced) -- must be separate/living apart

Wife goes to court to try and get husband to share more money (court didn't want to be involved) -- marital

No rape can occur in a marriage

Marriage = consent

Men immune to civil suit --> makes domestic violence cases impossible

Washington finally fixed this law

North Carolina

Woman went to court because her husband was beating her

State says lack of evidence means wife isn't a competent witness to her own beating

Husband allowed to "correct" wife -- As long as no permanent injuries occurs

Spouse can't testify against spouse, even if related to her own victimization

Used to protect marriages/domestic partnerships

Law still exists, but we can now claim the privelege to testify or not against spouse

North Carolina

Public policy considerations affect court's decision

Public policy -- Favors a "hands off" policy toward domestic relations

Court will not intervene "in favor of husband or wife"

Gender Neutrality -- Unclear, "wife beating husband" so unusual that it favors men (due to husbands beating wife okay)

1) Parties (plaintiff vs defendent)

2) Plaintiff has a complaint

3) Defendant caused an injury

4) In violation of law or not

1) Pretrial discovery (many cases settled during this stage) -- what eachother know is discussed

2) Trial (evidence presented) -- plaintiff usually goes first

3) Fact finder (judge or jury)

4) Win/lose case (plaintiff succeeds or fails)

5) Damages/sentence (civil/criminal)

Judge/jury doesn't have to believe in full either story -- can mash together the stories to come up with a verdict

Loser has the right to appeal one time for a case

No new facts or testimonies or witnesses, just a review of the trial by the "fact finder"

Questions the law (in violation)

Affirms/reverses the trial court

Case published and becomes "precedent"

Mistrials occur when jury goes researching the facts/evidence given (not allowed)

Man "promises" woman half his company

Divorce occuring -- doesn't split wealth

Court unsure of whether its an actual "promise" or just said -- express or implied promise

Wife arguing: company is mine, husband is holding it for me in trust, ownership is still the woman's? -- but all wealth is in his name (his ownership)

Wife appealed because court didn't issue her half the trust in her husband's business during their divorce

 Implied promise would be sufficient if there was evidence

Money the wife gave to husband to help start the business can't be considered an investment/joint partnership, only a gift/loan

Evidence of alleged murder: testimony of woman Samuel "claims" is his wife

Wife has to testify against "husband" becauses she's a witness; he's convicted

No spousal priveleges because there is no marriage permitted between slaves (marriage as a civil institution/state controls who enter the marital relationship)

If they weren't slaves, they'd techincally be married, and wife as a witness wouldn't be forced to testify against her husband

Prohibition of women working more than 10 hours in a laundry facility

Regulating women's work

Muller's lawyer based the case off "Lochner vs New York" (case with bakers and their hours -- no women specific)

Didn't win because Muller's case had to do with women, and Lochner case didn't have to do with women specifically

Claims the law is an invalid exercise of the government's power

Don't want to hurt/injure/exhaust women because their physique is different andw they physcially can't do long days like men can

They need the money/hours too (like men)

Referring to idealized vision of how women should be (weak/delicate)

North Carolina - 1868

Court won't interfere with a husband moderately correcting his wife (whipping)

"Effect produced": not the manner oor instrument used to produce (aka: the slashes, not the whip)

Cause would've been considered "battery" if the victim hadn't been the defendant's wife

Evil of publicity is greater than the evil of trifling violence

Wife not a competent witness in her own beating

Happened without any provocation (muttered words not recollected by witness)

Common law: husband holds power to correct/chastise his wife

This case doesn't say the husband had the right to whip his wife, but that they will not interfere into the family government for trifling case

Bradwell wanted a license to practice law, but was denied it because she's a married woman

14th Amendment: cannot stop any citizens of the United States from engaging in any profession they want

Illinoise thought a married woman would be incompetent as an attorney

Oklahoma - 1976

Prohibits the sales of "non-intoxicating" beer to males under 21, and females under 18

Discriminating against males age 18-20

Plaintiff: Craig (male 18-20) and beer distributor

Related to "driving while under the influence"

Statistics showed male DUI arrests between 18-20 are higher than female

Shouldn't have gender segregated laws ("Equal Protection Clause")

State trying to accomplish traffic safety

Cannot go to federal court unless you question federal law (US Constitution)

Can receive greater protection under state law than under federal law, but you cannot receive less protection

Federal law: flood, not ceiling

"Persons" can apply to be lawyers

"Persons" sometimes can be women

Rule of statuatory construction

Doesn't apply here.. Legislator couldn't have meant that

Formal: Equal treatment (rules)

Everyone treated the same

Substantive: Equality outcomes (results)

Everybody the same in the end

13th: Abolish slavery

14th: Due process, priveleges, immunities, equal protection -- applied to race not sex

15th: Right to vote for all men (no matter race/color/servitude)

Idaho - 1971

Family law case

Male and female = equally entitled

Law chooses male - "Arbitrary preference"

Choosing between equally eligible (male and female) for perrsonal representatives -- no hearing, just choose male

If two males, then a hearing would be have to chose whose most qualified

Backstory:

Mom and Dad divorced

Forced (court ordered) visitation with Dad

Son uncomfortable, asks mom to pick him up -- she can't because of court rules

Son commits suicide

Dad becomes personal representative

Reed vs Reed - 1971

Frontiero vs Richardson - 1973

Stanton vs Stanton - 1975

(male children have child support paid untiil 21, female children only have paid child support until 18)

Craig vs Boren - 1976

Orr vs Orr - 1979

1973

Military family -- woman in the service

Wanted to make her husband dependent on her so that he could have all the benefits

Husband makes too much money -- denied the benefits

Men in military could sign their wives as dependents with no problem

Woman takes this to court -- 5th Amendment violated

Majority: 50% +1

Super majority: 2/3 group

Colorado - 1996

Colorado does not want to allow a law to go into effect that would protect homosexuals from discrimination (Amendment 2)

Violates Equal Protection Clause - 14th Amendment

Need "Super majority" infringes the right to vote/be a part of political process

Proposition 2 infringed upon fundamental rights: the right to participate in a political process

Evan's won: Romer took it to Supreme CCourt (not okay with the right to participate in a political process claims)

Title VII: Employment discrimination law

Disparate treatment: Cannot treat employees any less because of race, sex, religion, or national origins

Disparate Impact: Facially neutral job requirement or policy disproportionally affects one sex and is not related to job performance (focuses on effect, not form)

Plaintiff Ezold discriminated because of her sex (violates Title VII)

Evaluated positively for a while and then negatively for some time after

Qualified for the position, yet rejected from it

Example of sex discrimination: Price Waterhouse vs Hopkins

Law firm partnerships

Ezold shows prima facie case of disorder -- member of protected class (sex), qualified for and rejected from position, non-members of protected class treated more favorably

Burden shifts to empolyer - forced to give non-discriminatory reason for not hiring her (reason: lack of critical analysis and writing skills)

Ezold rebutes saying she was never given any complex tasks to prove herself

Jesperson asked to resign from her bartending job after a uniform enforcement

Worked there 20 years

Women required to wear makeup, she refused, and was fired for it.

Sex-stereotyping - treating the sexes differently

Believes that makeup and hair down will have a negative impact on her job performance

Violates Title VII

Won trial, lost on the appeal

SW Airlines refused to hire any males as flight attendants

Bona Fide Occupational Qualification (BFOQ)

Realizes men can perform all the mechanical duties but need females to appeal to the male customers

SW Airlines claims that sex is a BFOQ for their company

Plaintiff: Wilson (male) wanted job at SW Airlines

"Essential to the normal operation of the business"

Business: transportation, not profit (so females only isn't necessary)

Every right expressly protected by constitution and rights impliedly protected (as determined by the court)

1) Implicit in the concept of ordered liberty

2) Deeply rooted in nation's history and tradition

Feeney (female) wanted to apply for a job/promotion in a civil services, but people with military service kept getting the job over her

Happened multiple times

Civil service jobs reward "points" for certain aspeccts (tests, experiences, etc)

Extra points for being a veteran

Hiring based off numerical score

Equal Protection Clause denied her -- took this to court (sex/gender)

Classification: Veteran vs non-veteran

Implicit sex classification discrimination

Equality of treatment (formal equality) not equality of results

Rational bases

Utah 1975

Males: child support paid til 21

Men going in to higher education/work

Females: child support paid til 18

Assumed they'd get married and be supported by their husbands

Divorced parents with a male and female child

Alabama - 1979

Men can't ask their wives for alimony (if the female has more money)

Affirmative action: increase female representation in traditionally male occupations

Pay equity: Restructive wage scales

Biological differences: Women get pregnant which affects work, promotions, and job security

Parental leave/flexibilty schedules aim to neutralize this disadvantage

Florida - 1974

Tax exemptions for widows

Plaintiff: Kahn - denied the tax exemption

Favorable treatment for women while excluding men violates the 14th

More difficult for women to find jobs (most are lower-paying)

Gender based classification should face strict scrutiny

Equal Protection Clause

Wealthy widowers can receive tax exemptions but poverish widowers cannot

CA - 1978

Affirmative Action plan to have a fairness for women in the work force

Transportation Agency had a vacancy in the field - man got higher interview score yet the woman got the job

Plaintiff: male Johnson - discriminated against because of his sex

1) Direct Persuasion: Discrimination more likely motivated the employer than anything else

2) Indirect Persuasion: Employers preffered reason is incredible (unworthy of credence)

Born (immutable) -- Eye color

Made (mutable) -- Hair style

Even if characteristic is mutable, employer cannot impose more stringent appearance standards for one sex more than the other ("unequal burdens" test)

Oil company only appoints men as executives because they travel to clients in South America where women aren't taken seriously

Court disagrees with this method

Facts brough to court to prove their reasoning (unlike Wilson/SW Airlines case - not factual)

BFOQ cases involve qualification of authenticity

Hiring priest - can discriminate against sex and religion

Casting plays/roles - can discriminate against sex

Determining BFOQ as reasonable or not - What kind of business is it? Is it necessary for the business to run successfully?

Bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business.

Gender segregation in the workplace remains the norm (sex dominated fields)

Salaries for women remain much less than salaries for males (income gap)

Required teachers to take unpaid maternity leave from 4 months of pregnancy until child was 3 months old

Court said you can't compromise her procreative rights by presuming an inability to work