frontiero richardson argued january decided may married woman air force officer hereafter appellant sought increased benefits husband dependent statutes provide solely administrative convenience spouses male members uniformed services dependents purposes obtaining increased quarters allowances medical dental benefits spouses female members dependents unless fact dependent support application denied failure satisfy statutory dependency standard appellant husband brought suit district contending statutes deprived servicewomen due process adverse ruling took direct appeal held judgment reversed pp supp reversed justice brennan joined justice douglas justice white justice marshall concluded inherently suspect statutory classifications based sex unjustifiably discriminatory violate due process clause fifth amendment pp justice stewart concluded challenged statutes work invidious discrimination violation constitution reed reed justice powell joined chief justice justice blackmun agreeing statutes deprive servicewomen due process concluded light reed reed fact equal rights amendment submitted ratification inappropriate decide time whether sex suspect classification pp joseph levin argued cause appellants brief morris dees samuel huntington argued cause appellees brief solicitor general griswold assistant attorney general wood mark evans ruth bader ginsburg argued cause american civil liberties union amicus curiae urging reversal brief melvin wulf justice brennan announced judgment opinion justice douglas justice white justice marshall join question us concerns right female member uniformed services claim spouse dependent purposes obtaining increased quarters allowances medical dental benefits equal footing male members statutes serviceman may claim wife dependent without regard whether fact dependent upon part support servicewoman hand may claim husband dependent programs unless fact dependent upon support thus question decision whether difference treatment constitutes unconstitutional discrimination servicewomen violation due process clause fifth amendment district middle district alabama one judge dissenting rejected contention sustained constitutionality provisions statutes making distinction supp noted probable jurisdiction reverse effort attract career personnel reenlistment congress established et et scheme provision fringe benefits members uniformed services competitive basis business industry thus member uniformed services dependents entitled increased basic allowance quarters member dependents provided comprehensive medical dental care appellant sharron frontiero lieutenant air force sought increased quarters allowances housing medical benefits husband appellant joseph frontiero ground dependent although benefits automatically granted respect wife male member uniformed services appellant application denied failed demonstrate husband dependent support appellants commenced suit contending making distinction statutes unreasonably discriminate basis sex violation due process clause fifth amendment essence appellants asserted discriminatory impact statutes twofold first procedural matter female member required demonstrate spouse dependency burden imposed upon male members second substantive matter male member provide wife support receives benefits similarly situated female member denied benefits appellants therefore sought permanent injunction continued enforcement statutes order directing appellees provide lieutenant frontiero housing medical benefits similarly situated male member receive although legislative history statutes sheds virtually light purposes underlying differential treatment accorded male female members majority district surmised congress might reasonably concluded since husband society generally family wife typically dependent partner economical require married female members claiming husbands prove actual dependency extend presumption dependency members indeed given fact approximately members uniformed services male district speculated differential treatment might conceivably lead considerable saving administrative expense manpower ibid ii outset appellants contend classifications based upon sex like classifications based upon race alienage national origin inherently suspect must therefore subjected close judicial scrutiny agree indeed find least implicit support approach unanimous decision last term reed reed reed considered constitutionality idaho statute providing two individuals otherwise equally entitled appointment administrator estate male applicant must preferred female appellant mother deceased appellee father filed competing petitions appointment administrator son estate since parties parents deceased members entitlement class statutory preference invoked father petition therefore granted appellant claimed statute giving mandatory preference males females without regard individual qualifications violated equal protection clause fourteenth amendment noted idaho statute provides different treatment accorded applicants basis sex thus establishes classification subject scrutiny equal protection clause traditional equal protection analysis legislative classification must sustained unless patently arbitrary bears rational relationship legitimate governmental interest see jefferson hackney richardson belcher flemming nestor mcgowan maryland dandridge williams effort meet standard appellee contended statutory scheme reasonable measure designed reduce workload probate courts eliminating one class contests moreover appellee argued mandatory preference male applicants reasonable since men rule conversant business affairs women indeed appellee maintained matter common knowledge women still engaged politics professions business industry extent men idaho upholding constitutionality statute suggested idaho legislature might reasonably concluded general men better qualified act administrator women despite contentions however held statutory preference male applicants unconstitutional reaching result implicitly rejected appellee apparently rational explanation statutory scheme concluded ignoring individual qualifications particular applicants challenged statute provided dissimilar treatment men women similarly situated therefore held even though state interest achieving administrative efficiency without legitimacy give mandatory preference members either sex members merely accomplish elimination hearings merits make kind arbitrary legislative choice forbidden constitution departure traditional analysis respect classifications clearly justified doubt nation long unfortunate history sex discrimination traditionally discrimination rationalized attitude romantic paternalism practical effect put women pedestal cage indeed paternalistic attitude became firmly rooted national consciousness years ago distinguished member able proclaim man woman protector defender natural proper timidity delicacy belongs female sex evidently unfits many occupations civil life constitution family organization founded divine ordinance well nature things indicates domestic sphere properly belongs domain functions womanhood harmony say identity interests views belong belong family institution repugnant idea woman adopting distinct independent career husband paramount destiny mission woman fulfil noble benign offices wife mother law creator bradwell state wall bradley concurring true course position women america improved markedly recent decades nevertheless hardly doubted part high visibility sex characteristic women still face pervasive although times subtle discrimination educational institutions job market perhaps conspicuously political arena see generally amundsen silenced majority women american democracy president task force women rights responsibilities matter simple justice moreover since sex like race national origin immutable characteristic determined solely accident birth imposition special disabilities upon members particular sex sex seem violate basic concept system legal burdens bear relationship individual responsibility weber aetna casualty surety differentiates sex nonsuspect statuses intelligence physical disability aligns recognized suspect criteria sex characteristic frequently bears relation ability perform contribute society result statutory distinctions sexes often effect invidiously relegating entire class females inferior legal status without regard actual capabilities individual members might also note past decade congress manifested increasing sensitivity classifications tit vii civil rights act example congress expressly declared employer labor union organization subject provisions act shall discriminate individual basis race color religion sex national origin similarly equal pay act provides employer covered act shall discriminate employees basis sex equal rights amendment passed congress march submitted legislatures ratification declares quality rights law shall denied abridged state account sex thus congress concluded classifications based upon sex inherently invidious conclusion coequal branch government without significance question presently consideration cf oregon mitchell opinion brennan white marshall jj katzenbach morgan considerations mind conclude classifications based upon sex like classifications based upon race alienage national origin inherently suspect must therefore subjected strict judicial scrutiny applying analysis mandated stricter standard review clear statutory scheme us constitutionally invalid iii sole basis classification established challenged statutes sex individuals involved thus female member uniformed services seeking obtain housing medical benefits spouse must prove dependency fact whereas burden imposed upon male members addition statutes operate deny benefits female member appellant sharron frontiero provides less spouse support time granting benefits male member likewise provides less spouse support thus extent least may fairly said statutes command dissimilar treatment men women similarly situated reed reed moreover government concedes differential treatment accorded men women statutes serves purpose mere administrative convenience essence government maintains empirical matter wives society frequently dependent upon husbands husbands rarely dependent upon wives thus government argues congress might reasonably concluded cheaper easier simply conclusively presume wives male members financially dependent upon husbands burdening female members task establishing dependency fact government offers concrete evidence however tending support view differential treatment fact saves government money order satisfy demands strict judicial scrutiny government must demonstrate example actually cheaper grant increased benefits respect male members determine male members fact entitled benefits grant increased benefits members whose wives actually meet dependency requirement however substantial evidence put test many wives male members fail qualify benefits light fact dependency determination respect husbands female members presently made solely basis affidavits rather costly hearing process government explanation statutory scheme say least questionable case prior decisions make clear although efficacious administration governmental programs without importance constitution recognizes higher values speed efficiency stanley illinois enter realm strict judicial scrutiny doubt administrative convenience shibboleth mere recitation dictates constitutionality see shapiro thompson carrington rash contrary statutory scheme draws sharp line sexes solely purpose achieving administrative convenience necessarily commands dissimilar treatment men women similarly situated therefore involves kind arbitrary legislative choice forbidden constitution reed reed therefore conclude according differential treatment male female members uniformed services sole purpose achieving administrative convenience challenged statutes violate due process clause fifth amendment insofar require female member prove dependency husband reversed justice rehnquist dissents reasons stated judge rives opinion district frontiero laird supp footnotes title provides pertinent part chapter dependent respect member uniformed service means spouse however person dependent female member unless fact dependent support dependent respect member uniformed service means wife husband fact dependent member support see cong rec cong kilday saltonstall cong rec cong kilday cong short cong havenner cong bates cong price see also appellant joseph frontiero student huntingdon college montgomery alabama according agreed stipulation facts living expenses including share household expenses total approximately per month since receives per month veterans benefits clear dependent upon appellant sharron frontiero support hile fifth amendment contains equal protection clause forbid discrimination unjustifiable violative due process schneider rusk see shapiro thompson bolling sharpe housing provisions set forth et enacted part career compensation act established uniform pattern military pay allowances consolidating revising piecemeal legislation developed previous years see sess sess act apparently retained substance dependency definitions pay readjustment act stat amended act september stat required female member service demonstrate spouse dependency appears provision derived unspecified earlier enactments see medical benefits legislation et enacted dependents medical care act designed revise make uniform existing law relating medical services military personnel appears carried forward without explanation dependency provisions found military pay allowance legislation see sess sess see loving virginia mclaughlin florida bolling sharpe supra see graham richardson see oyama california korematsu hirabayashi brief appellee reed reed reed reed idaho indeed position women country inception reflected view expressed thomas jefferson women neither seen heard society decisionmaking councils see gruberg women american politics see also de tocqueville democracy america reeves trans reynolds sims see dunn blumstein kramer union free school district yick wo hopkins see generally president task force women rights responsibilities matter simple justice kanowitz women law unfinished revolution montagu man dangerous myth ed president commission status women american women see note sex discrimination equal protection need constitutional amendment harv rev true course viewed abstract women constitute small powerless minority nevertheless part past discrimination women vastly underrepresented nation decisionmaking councils never female president female member single woman presently sits senate women hold seats house representatives appellants point underrepresentation present throughout levels state federal government see joint reply brief appellants american civil liberties union amicus curiae see developments law equal protection harv rev emphasis added see generally sape hart title vii reconsidered equal employment opportunity act geo rev developments law employment discrimination title vii civil rights act harv rev emphasis added see generally murphy female wage discrimination study equal pay act cin rev res sess conformity principles congress recent years amended various statutory schemes similar presently consideration eliminate differential treatment men women see amended stat amended stat amended stat amended stat noted statutes sense designed rectify effects past discrimination women see gruenwald gardner cert denied cf jones alfred mayer south carolina katzenbach contrary statutes seize upon group women historically suffered discrimination employment rely effects past discrimination justification heaping additional economic disadvantages cf gaston county women age labor force women worked full time months per year see women bureau dept labor highlights women employment education pub mar moreover married women employed see bureau labor statistics dept labor work experience population summary special labor force report also noteworthy median income male member armed forces approximately see report president commission armed force median income women age including employed approximately see statistical abstract table source bureau census current population reports series applying statutory definition dependency statistics appears median family wife male member must personal expenses approximately total family income order qualify dependent tr oral arg noted earlier basic purpose statutes provide fringe benefits members uniformed services order establish compensation pattern attract career personnel see supra accompanying text conclusion wise invalidates statutory schemes except insofar require female member prove dependency spouse see weber aetna casualty surety levy louisiana moritz commissioner internal revenue see also justice powell chief justice justice blackmun join concurring judgment agree challenged statutes constitute unconstitutional discrimination servicewomen violation due process clause fifth amendment join opinion justice brennan hold classifications based upon sex like classifications based upon race alienage national origin inherently suspect must therefore subjected close judicial scrutiny ante unnecessary case characterize sex suspect classification implications holding reed reed abundantly supports decision today add sex narrowly limited group classifications inherently suspect view decide case authority reed reserve future expansion rationale another find compelling reason deferring general categorizing sex classifications invoking strictest test judicial scrutiny equal rights amendment adopted resolve substance precise question approved congress submitted ratification amendment duly adopted represent people accomplished manner prescribed constitution acting prematurely unnecessarily view assumed decisional responsibility time state legislatures functioning within traditional democratic process debating proposed amendment seems reaching judicial action major political decision currently process resolution reflect appropriate respect duly prescribed legislative processes times system avoid constitutional decision issues normally resolved elected representatives people democratic institutions weakened confidence restraint impaired appear unnecessarily decide sensitive issues broad social political importance time consideration within prescribed constitutional processes