Reed v. Reed
Encyclopedia
Reed v. Reed, , was an Equal Protection
case in the United States
in which the Supreme Court
ruled that the administrators of estates
cannot be named in a way that discriminates between sexes. After the death of their adopted son, Sally and Cecil Reed sought to be named the administrator of their son's estate; the Reeds were separated. The Idaho
Probate Court specified that "males must be preferred to females" in appointing administrators of estates, so Cecil was appointed administrator. In a unanimous decision, the Court held that the law's dissimilar treatment of men and women was unconstitutional. From Chief Justice Burger's opinion:
of the Fourteenth Amendment to the United States Constitution
applied to women.
case to prohibit discrimination on the basis of sex, Reed did not issue a particularly strong prohibition of this type of legislation. Instead of elevating women to suspect classification
by reviewing the law under a very restrictive standard known as strict scrutiny
, the court subjected the Idaho statute using rational basis review
. The court found that the Idaho statute failed to satisfy this lower standard because the statute did not provide a rational way to pursue a legitimate state interest. This had a less profound effect than the litigant's supporters had hoped, "because the reasonableness test was so malleable, challenges to discriminatory legislation would now have to be resolved on a case-by-case basis."
While the first equal protection case to prohibit discrimination on the basis of sex, Reed did not issue a particularly strong prohibition of this type of legislation. Although the Court acknowledged, under the traditional standard of review for equal protection claims, the rational basis standard, that the statutory objective was legitimate and that the sex-based classification did advance that objective, it nevertheless declared that the arrangement violated the Equal Protection Clause. The ambiguity in the Court's reasoning left room for further efforts seeking a more intensive standard of review in gender discrimination cases.
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
case in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in which the Supreme Court
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...
ruled that the administrators of estates
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
cannot be named in a way that discriminates between sexes. After the death of their adopted son, Sally and Cecil Reed sought to be named the administrator of their son's estate; the Reeds were separated. The Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
Probate Court specified that "males must be preferred to females" in appointing administrators of estates, so Cecil was appointed administrator. In a unanimous decision, the Court held that the law's dissimilar treatment of men and women was unconstitutional. From Chief Justice Burger's opinion:
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; and whatever may be said as to the positive values of avoiding intrafamily controversy, the choice in this context may not lawfully be mandated solely on the basis of sex.
Significance
For the first time in history, the Supreme Court ruled that the Equal Protection ClauseEqual Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
applied to women.
Protecting women
While the first equal protectionEqual Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
case to prohibit discrimination on the basis of sex, Reed did not issue a particularly strong prohibition of this type of legislation. Instead of elevating women to suspect classification
Suspect classification
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination...
by reviewing the law under a very restrictive standard known as strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
, the court subjected the Idaho statute using rational basis review
Rational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
. The court found that the Idaho statute failed to satisfy this lower standard because the statute did not provide a rational way to pursue a legitimate state interest. This had a less profound effect than the litigant's supporters had hoped, "because the reasonableness test was so malleable, challenges to discriminatory legislation would now have to be resolved on a case-by-case basis."
While the first equal protection case to prohibit discrimination on the basis of sex, Reed did not issue a particularly strong prohibition of this type of legislation. Although the Court acknowledged, under the traditional standard of review for equal protection claims, the rational basis standard, that the statutory objective was legitimate and that the sex-based classification did advance that objective, it nevertheless declared that the arrangement violated the Equal Protection Clause. The ambiguity in the Court's reasoning left room for further efforts seeking a more intensive standard of review in gender discrimination cases.