Goesaert v. Cleary (1948) Flashcards
Goesaert v. Cleary (1948)
Facts
MI state law forbid women from bartending unless wife or daughter of owner
Goesaert v. Cleary (1948)
Issue
Does the state law prohibiting women from bartending violate the equal protection clause of the 14th amendment?
Goesaert v. Cleary (1948)
Rulling
Yes
Goesaert v. Cleary (1948)
Majority (Frankfurter)
“to state the question.. is to answer it”
Oldest of legislative powers
Moral and social problems
Protective oversight of husband and fathers
“the fact that women can now participate in vice…”
Reasonable (rational basis)
MI can draw line between waitressing and bartending
Goesaert v. Cleary (1948)
Dissenting (Rutledge)
Equal protection clause requires no invidious distinctions in the law
Arbitrary