Frontiero v. Richardson (1973)

Question 1

Frontiero v. Richardson (1973)
Facts

Answer 1

Frontiero Lt in US Air Force, husband is full-time student
Denied dependent benefits
Policy
She must show he’s 50% dependent on her; husbands had no similar requirements (wives assumed to be dependent)

Question 2

Frontiero v. Richardson (1973)
Issue

Answer 2

Does the gender-based policy requiring different standards for spousal dependents violate the 5th amendment due process clause?

Question 3

Frontiero v. Richardson (1973)
Ruling

Answer 3

Yes

Question 4

Frontiero v. Richardson (1973)
Plurality (Brennan)

Answer 4

Strict scrutiny – compelling interest, least restrictive means
Immutable characteristics
Administrative convenience not sufficient
Suspect classification

Question 5

Frontiero v. Richardson (1973)
Concurring (Powell)

Answer 5

ERA, if adopted, will resolve
Would not apply strict scrutiny

Question 6

Frontiero v. Richardson (1973)
Dissenting (Rehnquist)

Answer 6

Administrative nightmare
Rational basis
Too costly – government has legitimate interest (should be referred)