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.