Orr v. Orr
Encyclopedia
Orr v. Orr, , was a case decided by the Supreme Court of the United States
that held that a statutory scheme in Alabama
that imposed alimony
obligations on husbands but not on wives was an unconstitutional equal protection violation.
Ruth Bader Ginsburg
and Margaret Moses Young filed a brief for the American Civil Liberties Union
as amicus curiae
urging reversal.
, the court determined that the statute was not substantially related to the stated purpose. The court observed that a gender neutral statute would still have the effect of providing for needy women, and that the only difference created by the Alabama statute was to also provide support for well off women that did not need support and to exclude needy men from support.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that held that a statutory scheme in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
that imposed alimony
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
obligations on husbands but not on wives was an unconstitutional equal protection violation.
Background
The state of Alabama had adopted a statutory scheme that imposed alimony obligations on husbands but not on wives for the stated purpose of addressing the economic disparity between men and women by providing support for needy women after divorce.Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
and Margaret Moses Young filed a brief for the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
as amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
urging reversal.
Opinion of the Court
Applying intermediate scrutinyIntermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny ....
, the court determined that the statute was not substantially related to the stated purpose. The court observed that a gender neutral statute would still have the effect of providing for needy women, and that the only difference created by the Alabama statute was to also provide support for well off women that did not need support and to exclude needy men from support.