Sex-Based Classifications

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  • Determined the constitutionality of state “head and master” laws, which deem the husband “master” of all marital property and allows him to control marital property without his wife’s consent.
  • Determined whether a criminal statute against same-sex sexual relations violated constitutional rights of lesbians and gay men.
  • Considered the constitutionality of a Washington state ban on same-sex marriage.
  • Considered the constitutionality of New Jersey's ban on same sex marriage.
  • This brief is in support of relief for petitioner based on prosecutorial misconduct due to prosecutor’s focus during trial on petitioner's sexual involvements with men other than her husband.
  • Determined whether denying same-sex couples the right to marry violated the Oregon Constitution.
  • Determines whether a school's policy that prohibits students from wearing certain breast cancer awareness bracelets is based on stereotypes concerning the men and women's roles.
  • Determined whether it is constitutional, in Maryland, for insurance companies to charge different rates based on gender.
  • Determined whether denying same-sex couples the right to marry violated Vermont's marriage statutes and/or Vermont's Common Benefits Clause.
  • Determined whether the Fair Housing Act (FHA) authorizes “disparate impact” challenges to policies that do not explicitly discriminate on the ground of race or sex, but which have an unjustified disproportionate racial or gender impact.  
  • Determined the constitutionality of state anti-sodomy laws.
  • Determined if the First Amendment justifies a commercial business’s refusal to serve a customer in a protected group.


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