kahn v shevin

Footnote 3 Footnote 2   196.191 (7) (1971) under which appellant was denied the exemption. We have long held that "[w]here taxation is concerned and no specific federal right, apart from equal protection, is imperiled, the States have large leeway in making classifications and drawing lines which in their judgment produce reasonable systems of taxation." ] The Women's Bureau provides the following data: Women's median Median earnings earnings ----------------- as percent Year Women Men of men's ------------------------------------------------------------- 1972 ......................$5,903 $10,202 57.9 1971 ...................... 5,593 9,399 59.5 1970 ...................... 5,323 8,966 59.4 1969 ...................... 4,977 8,227 60.5 1968 ...................... 4,457 7,664 58.2 1967 ...................... 4,150 7,182 57.8 1966 ...................... 3,973 6,848 58.0 1965 ...................... 3,823 6,375 60.0 [416 This case, therefore, does not require resolution of the more difficult questions raised by remedial legislation which makes special treatment mandatory.   U.S. 351, 359]

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All rights reserved.   388 (1971). 320 Microsoft Edge. 380 capabilities of a man and a woman . A Florida statute grants widows an annual $500 property tax exemption. Congress has not so far drafted women into the Armed Services, 50 U.S.C. Thank you and the best of luck to you on your LSAT exam. . 4

Gender has never been rejected as an impermissible classification in all instances. No one familiar with this country's history of pervasive sex discrimination against women No. Footnote 6 Of those employed as managers or administrators, the women's median income was only 53.2% of the men's, and in the professional and technical occupations the figure was 67.5%. Section 196.191 (7) is plainly overinclusive, for the $500 property tax exemption may be obtained by a financially independent heiress as well as by an unemployed widow with dependent children. (White, J.) 394 Supreme Court of United States. [416 [416 Plaintiff sued based on a violation of the equal protection clause. 403 (Brennan, J.) for administrative convenience." You have successfully signed up to receive the Casebriefs newsletter.

] In 1970 while 40% of males in the work force earned over $10,000, and 70% over $7,000, 45% of women working full time earned less than $5,000, and 73.9% earned less than $7,000. There are, of course, efforts under way to remedy this situation. 309 U.S. 618 Dissent. (1954).

  411 358 404 Since 1941, Florida has granted a $500 property tax exemption for widows but no similar exemption for widowers. 196.202 provides: "Property to the value of five hundred dollars ($500) of every widow, blind person, or totally and permanently disabled person who is a bona fide resident of this state shall be exempt from taxation.". As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Internet Explorer 11 is no longer supported. . 2 .   not further the State's overriding interest in remedying the economic effects of past sex discrimination for needy victims of that discrimination. Any system of classification upheld by law which makes distinctions between the beneficiaries solely on the basis of gender, like those based upon race or national origin, needs to be looked into by the court.
. It may be suggested that the State is entitled to prefer widows over widowers because their assumed need is rooted in past and present economic discrimination against women.

On the contrary, these statutes seize upon a group - women - who have historically suffered discrimination in employment, and rely on the effects of this past discrimination as a justification for heaping on additional economic disadvantages." and it applies here as well. 1964 ...................... 3,690 6,195 59.6 1963 ...................... 3,561 5,978 59.6 1962 ...................... 3,446 5,794 59.5 1961 ...................... 3,351 5,644 59.4 1960 ...................... 3,293 5,417 60.8 1959 ...................... 3,193 5,209 61.3 1958 ...................... 3,102 4,927 63.0 1957 ...................... 3,008 4,713 63.8 1956 ...................... 2,827 4,466 63.3 1955 ...................... 2,719 4,252 63.9 ------------------------------------------------------------- Note. The statute before us is well within those limits. U.S. 351, 354] The statute nevertheless fails to satisfy the requirements of equal protection, since the State has not borne its burden of proving that its compelling interest could not be achieved by a more precisely tailored statute or by use of feasible, less drastic means. (1971). Reed v. Reed, Casebriefs is concerned with your security, please complete the following, The Jurisdiction Of Federal Courts In Constitutional Cases, The Bill Of Rights, The Civil War Amendments, And Their Inter-Relationship, The Due Process, Contract, And Just Compensation Clauses And The Review Of The Reasonableness Of Legislation, The Equal Protection Clause And The Review Of The Reasonableness Of Legislation, Application Of The Post Civil War Amendments To Private Conduct: Congressional Power To Enforce The Amendments, Governmental Control Of The Content Of Expression, Restrictions On Time, Place, Or Matter Of Expression, Protection Of Penumbral First Amendment Rights, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Board of Regents of State Colleges v. Roth. and neglect, the statute serves the compelling state interest of achieving equality for such groups. By merely redrafting that form to exclude widows who earn annual incomes, or possess assets, in excess of specified amounts, the State could readily narrow the class of beneficiaries to those widows for whom the effects of past economic discrimination against women have been a practical reality. ] See Frontiero v. Richardson, The State has offered nothing to explain why inclusion of widows of substantial economic means was necessary to advance the State's interest in ameliorating the effects of past economic discrimination against women. U.S. 351, 358] Frontiero v. Richardson, supra, at 690. 73-78 Argued: Decided: April 24, 1974. or less ready for the job market than men. . Mr. Chief Justice Hughes in speaking for the Court said: "The States, in the exercise of their taxing power, as with respect to the exertion of other powers, are subject to the requirements of the due process and the equal protection clauses of the Fourteenth Amendment, but that Amendment imposes no iron rule of equality, prohibiting the flexibility and variety that are appropriate to schemes of taxation. With him on the brief was Robert L. Shevin, Attorney General, pro se. 1257 (2), and we noted probable jurisdiction, Kahn was a widower who was denied the exemption on the grounds that it applied only to women. A Ferriss, Indicators of Trends in the Status of American Women 95 (1971). 411 Sydney H. McKenzie III, Assistant Attorney General of Florida, argued the cause for appellees. 1 206 (d). U.S. 351, 355]. APPEAL FROM THE SUPREME COURT OF FLORIDA. if the discrimination is founded upon a reasonable distinction, or difference in state policy," not in conflict with the Federal Constitution.   U.S. 351, 356] A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Held: DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C. J., and STEWART, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. The current law granting all widows an annual $500 exemption, Fla. Stat. L. Rev. .' 253 Footnote 2
In such cases, the government must prove not only that such classifications serve a compelling government interest, but also that the interest cannot be served by any other classification. n. 22 (citations omitted). . 253 There can be no doubt, therefore, that Florida's differing treatment of widows and widowers "`rest[s] upon some ground of difference having a fair and substantial relation to the object of the legislation.'" 5 .'"

BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 357. Appellant, a widower, was denied an exemption because the statute offers no analogous benefit for widowers. The Florida Supreme Court reversed, finding the classification valid because it has a "`fair and substantial relation to the object of the legislation,'" The State's argument is supported by the Florida Supreme Court which held that the object of 196.191 (7) was to help "`reduce the disparity between the economic . Based on these differences, the Court held that the gender classification in the Florida statute has a “fair and substantial relation” to the legislation’s purpose of softening the financial impact of the loss of a spouse. Indeed, the extent of the economic disparity between men and women is dramatized by the data cited by the Court, ante, at 353-354. For "when we enter the realm of `strict judicial scrutiny,' there can be no doubt that `administrative convenience' is not a shibboleth, the mere recitation of which dictates constitutionality. (Footnotes omitted.). U.S. 232, 237 -646 (1948); Korematsu v. United States, (Douglas, J.) Ruth Bader Ginsburg argued the cause for appellant. To hold otherwise would be to subject the essential taxing power of the State to an intolerable supervision, hostile to the basic principles of our Government and wholly beyond the protection which the general clause of the Fourteenth Amendment was intended to assure."

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