reed v. reed, 404 u.s. 71 (1971) changing landscapes, changed women
TRANSCRIPT
Reed v. Reed, 404 U.S. 71 (1971)
Changing Landscapes,
Changed Women
The Reeds of IdahoCecil and Sally Reed adopts
Richard “Skip” Lynn Reed Son suffers from mental disabilities
Cecil Reed becomes increasingly violent Leaves family in 1958
Tragedy in Ada CountyCecil Reed returns when son
reaches teenage years Court awards father joint custody
On March 29, 1967, Skip commits suicide Uses Cecil’s pistol, while visiting
father
Ada County Probate Court
Sally Reed files to become administrator of son’s estate Cecil Reed files rival petition
Probate Court grants Cecil the administrative privileges Section 15-314 of Idaho Law Code read:
“Of several persons claiming wholly and equally entitled to administer, males must be preferred to females, and relatives of the whole to those of the half blood.”
First Appeal Sally Reed’s attorney refuses to help her appeal
Allen Derr, a Boise lawyer, agrees to help her Likely loss in higher court
Case appealed to the District Court of the Fourth Judicial District Derr argues that Fourteenth Amendment was
violated:“States cannot ‘deny to any person within its jurisdiction the equal protection of the laws’”
Court rules in favor of Sally Reed
Idaho Supreme Court In 1970, Cecil Reed appeals District Court decision
to Idaho Supreme Court Court reverses lower court’s decision on two
premises Men are better suited than women for executive
duties:“The legislature when it enacted this statute obviously concluded that in general men are better qualified to act as an administrator than are women.”
15-314 saved courts from additional, unnecessary hearings Men could immediately be chosen as administrators
Headed to Washington Sally Reed appeals to U.S. Supreme
Court Court agrees to hear case
Discouraging Supreme Court precedents Bradwell v. Illinois 83 U.S. 130 (1873)
Court upheld state regulation barring women from practicing law
Hoyt v. Florida, 368 U.S. 57 (1961) Court upheld law barring women from
owning bars
Supreme Court Arguments Sally Reed and Derr joined by emerging
attorney, Ruth Bader Ginsberg Supreme Court’s two approaches to
“Equal Protection” cases:1. Does law have “rational state basis?”2. Are “subject classes” involved?
e.g., African-Americans Women were not yet considered to be a
subject class
Allen Derr and Justice Ruth
Bader Ginsberg
The Ruling Justices unanimously vote in favor of Sally
Reed 15-314 did not have a rational state basis:
“To give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection clause of the Fourteenth Amendment”
The Idaho Supreme Court’s decision reversed 15-314 declared unconstitutional
Aftermath of Ruling Stirs turbulent era of women’s rights
First major case in which the Supreme Court legitimizes legal protection of women’s rights as citizens
Missing points in court’s decision Women are not declared a “subject class”
Craig v. Boren, 429 U.S. 190 (1976) Laws against women examined with
“heightened scrutiny”
Legacy of Sally Reed
Bibliography"BRADWELL v. ILLINOIS," The Oyez Project at IIT Chicago-Kent College of Law, accessed
November 16, 2013, http://www.oyez.org/cases/1851-1900/1872/1872_0."HOYT v. FLORIDA," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 15,
2013, http://www.oyez.org/cases/1960-1969/1961/1961_31."Kahn v. Shevin." Casebriefsummary.com. N.p., 8 Nov. 2012. Web.
<http://www.casebriefsummary.com/kahn-v-shevin/>.Martin, Emily. "Reed v. Reed at 40: A Landmark Decision." National Women's Law Center.
November 16, 2011. Accessed November 16, 2013. http://www.nwlc.org/our-blog/reed-v-reed-40-landmark-decision.
Reed v. Reed, 404 U.S. 71 (1971) (November 22, 1971) (Legal Information Institute, Cornell University Law School, Dist. file).
Reed v. Reed, 465 P. 2d 635 (February 11, 1970) (Google Scholar, Dist. file)."Reed v. Reed 1971." Supreme Court Drama: Cases That Changed America. N.p.: n.p., 2001. U.S.
History in Context. Web. 16 Nov. 2013. <http://ic.galegroup.com/ic/uhic/ReferenceDetailsPage/ReferenceDetailsWindow?failOverType=&query=&prodId=UHIC&windowstate=normal&contentModules=&mode=view&displayGroupName=Reference&limiter=&currPage=&disableHighlighting=false&displayGroups=&sortBy=&source=&search_within_results=&action=e&catId=&activityType=&scanId=&documentId=GALE|CX3457000128&userGroupName=oldt1017&jsid=8849bcf948670e55fa09de8acf2aa6b2>
Images UsedAllen Derr and Ruth Bader Ginsberg. N.d.
Photograph. Boisestatepublicradio.org. Boise State Public Radio, 2013. Web. 24 Nov. 2013.
Burger Court (1970-1971). 1971. Photograph. IIT Chicago-Kent College of Law. Web. 24 Nov. 2013.
Supreme Court Building, Washington, DC, USA. Front Facade. N.d. Photograph. Geolocation.ws. Geolocation, 10 Feb. 2011. Web. 25 Nov. 2013.
The Home of Sally Reed. N.d. Photograph. Josh Blackman's Blog. Joshblackman.com, 11 June 2013. Web. 24 Nov. 2013.