Ruth Bader Ginsburg Arguing before the Supreme Court (1973)

Summary

In her compelling argument, Ginsburg critiques gender-based discrimination in military benefits, highlighting the unequal treatment of married servicewomen compared to their male counterparts. She asserts that existing stereotypes undermine women's contributions and urges the court to recognize sex as a suspect classification deserving of strict scrutiny. Ginsburg emphasizes the need for equal rights, pointing out the historical and ongoing discrimination women face, and calls for the court's intervention to ensure equal treatment under the law. Her passionate plea reflects a broader call for gender equality and constitutional recognition of women's rights.

Takeaways

• 😀 Ginsburg argues that traditional gender roles position men as independent providers and women as dependent, impacting legal benefits for service members.
• 😀 The disparity in benefits for married servicemen versus married servicewomen illustrates systemic sex discrimination in military policies.
• 😀 Ginsburg emphasizes that classifications based on sex treat similarly situated individuals differently, violating the principle of equal protection.
• 😀 There is a call for the court to recognize sex as a suspect classification, akin to race, to ensure heightened scrutiny in legal assessments.
• 😀 Ginsburg highlights the historical context of discrimination against women, noting that their numerical majority does not shield them from inequality.
• 😀 The argument draws parallels between race and sex discrimination, noting that both lack a necessary relationship to individual ability.
• 😀 The court's inconsistent standards in reviewing sex discrimination cases create confusion and require clearer guidelines.
• 😀 Legislative measures that classify individuals by sex perpetuate stigma and reinforce societal inequalities, limiting women's opportunities.
• 😀 The need for constitutional clarity regarding sex discrimination is stressed, especially in light of the proposed Equal Rights Amendment.
• 😀 Ginsburg concludes by urging the court to reverse the lower court's decision, advocating for equitable treatment of women in military service.

Q & A

What is the main argument presented by Ginsburg in this case?

Ginsburg argues that sex-based classifications in legislation are discriminatory and should be recognized as suspect criteria that require strict scrutiny by the court.

How does Ginsburg compare sex discrimination to racial discrimination?

Ginsburg highlights that both sex and race are immutable characteristics that should not dictate an individual's ability, noting that both have been used to justify unjustified assumptions about capabilities.

What evidence does Ginsburg provide to support her claim about women in the military?

Ginsburg cites that married service women are denied certain benefits available to their male counterparts, even when they contribute significantly to the household income.

Why does Ginsburg believe that sex should be considered a suspect criterion?

She argues that like racial classifications, sex-based distinctions have been historically used to perpetuate stereotypes and discrimination against women, justifying the need for heightened scrutiny.

What historical context does Ginsburg provide regarding women's rights?

Ginsburg mentions that women were denied the right to vote until 1920, illustrating the ongoing struggle for equality and the need for legal recognition of sex discrimination.

What does Ginsburg say about the current judicial approach to sex discrimination cases?

She notes that the standard of review in sex discrimination cases is inconsistent, leading to varied outcomes based on different courts' interpretations of scrutiny levels.

What specific inequities does Ginsburg address regarding service women?

Ginsburg points out that service women face significant inequities, such as being denied medical care for their spouses and not receiving adequate benefits despite their contributions.

How does Ginsburg argue against the idea that being a numerical majority negates the need for protections?

She refutes this by stating that the numerical majority, women, still face pervasive discrimination, just as racial minorities do, emphasizing that majority status does not equate to equal treatment.

What role does Ginsburg see the Equal Rights Amendment playing in this context?

She argues that the Equal Rights Amendment would clarify the application of equal protection to sex-based classifications and eliminate doubts about the fundamental nature of equal rights for men and women.

What concluding request does Ginsburg make to the court?

Ginsburg requests that the court reverse the lower court's judgment and grant the relief sought by the appellants, reinforcing the need for equitable treatment under the law.