The Future of Single-Sex Education After United ... - Stetson University

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FILE:C:\WP51\DOCS\LANDFeb 02/21/2 Thu 3:26PM300 Stetson Law Review [Vol. XXVIIcourt in Ada County, Idaho to become the administratrix of her son'sestate. 17 Before the court ruled on the mother's petition, thedeceased child's father also petitioned to become administrator ofthe son's estate. 18 Under a provision of the Idaho Code, 19 the probatecourt granted the father's petition over the mother's. 20 Although theState of Idaho argued that it had a rational reason for preferring theapplications of males over females, 21 the Supreme Court still foundthat the State's gender classification failed the rational basis analysis.22 The Court's treatment of this gender classification wentbeyond a rational basis, however, and raised an equal protectionanalysis to a heightened level of scrutiny in gender cases. 23 At thistime, the Court did not put a name on the test it was using;however, five years later in Craig v. Boren, 24 the intermediatescrutiny test emerged as the equal protection analysis for courts toapply in gender cases. 25Craig involved an Oklahoma statute 26 that prohibited the sale of3.2% beer to males under the age of twenty-one and to femalesunder the age of eighteen. 27 The statute was challenged on the basisthat it violated the Equal Protection Clause of the FourteenthAmendment as a discriminatory gender classification. 28 In reviewing17. See id. at 71–72. The son died intestate and left an estate with a valueless than $1000. See id. at 72 n.1.18. See id. at 72.19. See id. at 72–73 (citing IDAHO CODE §§ 15-312, 15-314 (1971)).20. The code provision in question preferred males over females when morethan one person was entitled to, and was petitioning to, administer an estate. See Reed,404 U.S. at 73.21. The State argued, and the Idaho Supreme Court found, that the codeprovision eliminated controversies over the administration of estates and therefore madethe probate court's decision easier. See id. at 76.22. See id. at 77. The Court stated that the rational basis test, as applied inthis case, presented the question of “whether a difference in the sex of competing applicantsfor letters of administration bears a rational relationship to a state objective thatis sought to be advanced by the operation of §§ 15-312 and 15-314.” Id. at 76.23. Had the Court applied a strict rational basis analysis, it would have foundthat the Idaho provision was constitutional because the Court itself admitted: “Clearlythe objective of reducing the workload on probate courts by eliminating one class of contestsis not without some legitimacy.” Id. at 76.24. 429 U.S. 190 (1976).25. See id. at 197.26. See id. at 191–92 (citing OKLA. STAT. ANN. tit. 37, §§ 241, 245 (1958 &Supp. 1976)).27. See Craig, 429 U.S. at 192.28. See id.
FILE:C:\WP51\DOCS\LANDFeb 02/21/2 Thu 3:26PM1997] Single-Sex Education 301the statute, the Supreme Court relied on Reed's heightened scrutinyand established that a state must show an “important governmentalobjective” and means “substantially related to achievement of thoseobjectives” for a gender classification to survive constitutional challenge.29 Although the Court found Oklahoma's proffered justificationof health and safety 30 to be important enough to satisfy the firstprong of intermediate scrutiny, the justification failed the secondprong. 31 In finding that gender was not an “accurate proxy” forsafety statutes aimed at reducing the incidence of driving under theinfluence, 32 the Supreme Court followed Reed and established thetwo-prong intermediate scrutiny test as the form of heightenedscrutiny applicable to gender discrimination cases. 33Wengler v. Druggists Mutual Insurance Co. 34 is representative ofa series of post-Craig cases invalidating state statutes that favoredwomen over men for the distribution of benefits; in this case,workers' compensation benefits. 35 The statute challenged inWengler 36 provided that the State would not disburse workers' compensationdeath benefits to a surviving male spouse unless he couldshow actual dependence on his wife's income, whereas the Stateautomatically disbursed death benefits to surviving female spouses.37 A Missouri man whose wife was killed in a workplace accident,and who was denied death benefits because he was not dependenton his wife's income, challenged the statute as violating the FourteenthAmendment Equal Protection Clause. 38 The Supreme Court,relying in part on Craig v. Boren and applying intermediate scruti-29. Id. at 197.30. The State presented statistics which showed that 2% of males in the 18–20age group were arrested for driving under the influence of alcohol while only .18% offemales in that age group were arrested for the same offense. See id. at 201. Oklahomaclaimed these statistics justified prohibiting males in the 18–20 age group from purchasing3.2% beer. See id. at 200–01.31. See Craig, 429 U.S. at 200.32. See id. at 204.33. See id.34. 446 U.S. 142 (1980).35. See id. at 143; see also Orr v. Orr, 440 U.S. 268, 283 (1979) (invalidatingAlabama statute authorizing the award of alimony to wives but not husbands); Califanov. Goldfarb, 430 U.S. 199, 216–17 (1977) (striking down statute with preference for widowsover widowers in the distribution of social security benefits).36. See Wengler, 446 U.S. at 143–46 & n.1 (citing MO. REV. STAT. § 287.240(Supp. 1979)).37. See id. at 144–46.38. See id. at 143, 146.
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