Dissent White | Period 1974 – 1975 | |
Full case name James R. Schlesinger, Secretary of Defense, et al. v. Ballard Citations 419 U.S. 498 (more)
95 S. Ct. 572; 42 L. Ed. 2d 610; 1975 U.S. LEXIS 22; 9 Fair Empl. Prac. Cas. (BNA) 33; 9 Empl. Prac. Dec. (CCH) P9894 Prior history Appeal from the United States District Court for the Southern District of California Majority Stewart, joined by Burger, Blackmun, Powell Rehnquist Dissent Brennan, joined by Douglas, Marshall | ||
Schlesinger v. Ballard, 419 U.S. 498 (1975), was a United States Supreme Court case that upheld a federal statute that granted female Naval officers four more years of commissioned service before mandatory discharge than male Naval officers.
Decision
A federal statute granted female Naval officers fourteen years of commissioned service while allowing only nine years of commissioned service for male Naval officers before mandatory discharge. The Supreme Court held that the law passed intermediate scrutiny equal protection analysis because women, excluded from combat duty, had fewer opportunities for advancement in the military. The Court found the statute to directly compensate for the past statutory barriers to advancement.
References
Schlesinger v. Ballard Wikipedia(Text) CC BY-SA