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POL 330 Final
Terms in this set (56)
Minor v. Happersett
The right to vote is not a privileged/immunity of citizenship for all citizens protected by the 14th amendment. Not all citizens are necessarily voters.
Michael M. v. Sonoma County Superior Court
The court rules that the state has a strong legitimate interest in protecting young women in illegitimate pregnancies. It did not violate the 14th amendment.
Michigan v. Lucas
The Michigan rape statute is not in violation of the 6th amendment.
People of New York v. Mario Liberta
Liberta, husband, raised that it violated the equal protection clause. Activist court - Saul Waktler authored this opinion. The marital rape statute is unconstitutional and the rape statute should be made gender neutral.
Glover v. Glover
Court said she wasn't credible and saw her as a gold digger. The court didn't think Mr. Glover violated the 14th amendment.
Baker v. State of Vermont
3 same-sex couples claiming there was an omission of the gay community due to not giving them the benefits of marriage.
Matter of ES v. PD
Best interest of the child.
Steinhauser v. Haas
Best interest of the child
Griswold v. Connecticut
States may not prohibit the distribution of contraception to married couples. Eisenstadt v. Baird is same but for unmarried couples.
Eisenstadt v. Baird
States may not prohibit the distribution of contraception to unmarried couples. Griswold v. Connecticut is the same but for married couples. Right to privacy includes that unmarried couples have the right to use contraception.
Lawrence v. Texas
Arrested for "sodomy", but in his private home. The right to privacy.
Buck v. Bell
During eugenics movement. Justice Wendell Holmes said it was ok to sterilize her. Eugenics movement practiced gender bias and sterilization.
Roe v. Wade
Under the 14th Amendment "person" does not include the unborn. Allowed for abortions. Essential holding reaffirmed by PP v. Casey. Recognition of woman's right to choose abortion without state interference before viability. Women can't have an abortion after viability unless health is at risk. A state has a legit interest from the onset of the pregnancy for the health of the mother and the right of the fetus.
Planned Parenthood v. Casey
State laws cannot put undue burden on a woman's right to an abortion on a non-viable fetus. The Constitutional right to privacy relied heavily upon for abortion. Spousal notification was shot down and upheld were the 24 hour waiting period, under 18 parental consent, and informed consent.
Matter of Alison D. and Virginia
Alison D. didn't win visitation rights because she didn't stand in loco parentis.
Lehr v. Robertson
Young couple - woman left and the guy wasn't on the punitive father registry. He didn't have the opportunity. Dissent said that the state may not deny the opportunity to be heard in an adoption proceeding when it has an actual notice about the father's existence, whereabouts and interest in the child. He didn't have the opportunity to have a relationship with the child so her next husband was allowed to adopt the child without consulting the biological father.
Adoptions of BLVB and ELVB
One mom was natural mom and the other was her partner. bets interest of the child to have both mothers.
In the Matter of Baby M
Surrogacy contracts involving payments to birth mother are invalid. Birth mother did get visitation rights. Biology trumps all.
United States v. Virginia
A single sex military school can continue to run if there is a school for females of equal equality.
Mercer v. Duke University
University allowed a member of opposite sex to be in a contact sport. Due to the allowance they are brought under Title 9.
Gebser v. Lago Vista
School wasn't found liable because she never told a school official. Justice O'Conner practiced judicial restraint.
Nichols v. Azteca Restaurant Enterprises, Inc.
Employee of Azteca Restaurant discriminated Nichols for being feminine. Hostile work environment under Title 9.
EEOC v. Brown and Root
Supreme Court held genuine dispute regarding facts. Summary judgement shouldn't be granted. Get "right to sue" letter before court under Title 7.
Price Waterhouse v. Hopkins
To escape liability in mixed motives case the defendant must have proven it would have chosen the man even if the gender wasn't taken into account.
Lindahl v. Air France
Sex stereotyping can be evidence of sex discrimination. It is possible that a reasonable trier of fact could find that Air France discriminated against Lindahl in promoting Michels.
Griggs v. Duke Power
Discriminatory intent is still enough to violate Title VII.
Dothard v. Rawlinson
Although BFOQ is narrow one can be made off that women in a violent setting can disrupt the institution.
Automobile Workers v. Johnson Controls
BFOQ can be established only if pregnancy harms the job.
Healey v. Southwood Psychiatric
Healey got night shift and she didn't like it. Justifiable BFOQ. Patients privacy interests to have male and female employees at all times.
Tomkins v. PSE&G
Two elements necessary to find a violation of Title VII: 1st is a term or condition of employment has been imposed and 2nd that it has been imposed by the employer, either directly or vicariously in a sexually discriminatory fashion.
Bundy v. Jackson
Bundy proved to be the victim of sexual harassment and a discrimination work environment permitted by her employer.
Meritor Savings Bank v. Vinson
Even with voluntary actions, she could feel forced with fear of losing her job. Sexual Harassment. The gravamen of any sexual harassment complaint if that alleged sexual advances were unwelcome.
Faragher v. City of Boca Raton
Employer can be subject to liability for inappropriate employer. Lifeguards.
Robinson v. Jacksonville Shipyards
Hostile environment. Reasonable woman must see as hostile.
Corning Glass Works v. Brennan
Different shifts do not constitute different working conditions under the equal pay act.
Grutter v. Bolinger
The Equal Protection Clause does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.
Rostker v. Goldberg
Military selective-service act - every male had to enroll in the draft at 18. The act is not violation of the 5th Amendment because men and women don't have the same military positions.
Hegar v. Panetta Complaint
In 2012, the DoD announced a change to the policy that would open approx 14,000 positions previously closed to the women but would remain the same at its core. Challenges if DoD policy violates Equal Protection under 5th Amendment.
Alice Paul is the author of the original ERA and activist in fight for women's suffrage.
Grimm v. Goucester 4th Circuit Decision
The department of Civil rights stated that if sexes are treated differently, then transgender students should be treated consistently with their gender identity. Does Title IX include transgender students access to bathrooms relative to their gender identity?
Institutionalization of male dominance over women and children in family and brought into society in general.
Doctrine of Coveture
Legal condition of married women of common law making her indistinguishable from her husband.
The characteristics used to identify people seen under a statute
Intermediate Standard of Review
The gov't must show that the use of stat classification is sub related to the achievement of an important gov't objective.
Quid Pro Quo
I'll scratch your back if you scratch mine. Sexual Harrassment where sex is being brought up for potentially being fired.
Highest Court in NYS
NYS Court of Appeals
Intermediate Scrutiny for gender and sex cases
State of review for gender equal protection
Declaration of sentiments
Elizabeth Cady Stanton wrote it
Orr v. Orr
A husband can also get money for alimony
Public university employees are not exempt
Federally funded educational programs are prohibited from discriminating from students based on sex
Practices are unfair focusing on disproportion it has on a particular group. If policy related to job performance.
A method of analyzing claims of discriminating against individuals that focuses on bias intentions.
Something must be produced
Equal Pay Act
Sex is not an exception
Pregnancy Discrimination Act
You can't discriminate against a pregnant woman
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