Frontiero v. Richardson

Frontiero v. Richardson
Argued January 17, 1973
Decided May 14, 1973
Full case nameSharron A. Frontiero and Joseph Frontiero v. Elliot L. Richardson, Secretary of Defense, et al.
Citations411 U.S. 677 (more)
93 S. Ct. 1764; 36 L. Ed. 2d 583; 1973 U.S. LEXIS 153; 9 Fair Empl. Prac. Cas. (BNA) 1253; 5 Empl. Prac. Dec. (CCH) ¶ 8609
Case history
PriorFrontiero v. Laird, 341 F. Supp. 201 (M.D. Ala.), probable jurisdiction noted, 409 U.S. 840 (1972)
SubsequentNone
Holding
Statutory sex-based discrimination solely for administrative convenience is an unconstitutional violation of due process.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
PluralityBrennan, joined by Douglas, White, Marshall
ConcurrenceStewart (in judgment)
ConcurrencePowell (in judgment), joined by Burger, Blackmun
DissentRehnquist
Laws applied
U.S. Const. amend. V; 37 U.S.C. §§ 401, 403; 10 U.S.C. §§ 1072, 1076

Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case which decided that benefits given by the United States military to the family of service members cannot be given out differently because of sex. Frontiero is an important decision in several respects, including the fact that it informed the military establishment that in terms of pay, allowances and general treatment, women must be considered on an equal plane as men. However, the Court did not issue a broad decision requiring the military to prove in the courts its reasons for excluding women from combat positions.