Bradwell v. State of Illinois (1872):
It certainly cannot be affirmed, as an historical fact, that this
has ever been established as one of the fundamental privileges and
immunities of the sex. On the contrary, the civil law, as well
as nature herself, has always recognized a wide difference in
the respective spheres and destinies of man and woman. Man is,
or should be, woman's protector and defender. The natural and
proper timidity and delicacy which belongs to the female sex
evidently unfits it for many of the occupations of civil life.
The Constitution of the family organization, which is founded in
the divine ordinance as well as in the nature of things,
indicates the domestic sphere as that which properly belongs to
the domain and functions of womanhood. The harmony, not to say
identity, of interest and views which belong, or should belong,
to the family institution is repugnant to the idea of a woman
adopting a distinct and independent career from that of her
husband. So firmly fixed was this sentiment in the founders
of the common law that it became a maxim of that system of
jurisprudence that a woman had no legal existence separate from
her husband, who was regarded as her head and representative in
the social state, and, notwithstanding some recent modifications
of this civil status, many of the special rules of law flowing
from and dependent upon this cardinal principle still exist in
full force in most states. One of these is that a married woman is
incapable, without her husband's consent, of making contracts
which shall be binding on her or him. This very incapacity was one
circumstance which the Supreme Court of Illinois deemed important
in rendering a married woman incompetent fully to perform the
duties and trusts that belong to the office of an attorney and
counselor.
It is true that many women are unmarried and not affected by any
of the duties, complications, and incapacities arising out of the
married state, but these are exceptions to the general rule. The
paramount destiny and mission of woman are to fulfill the noble
and benign offices of wife and mother. This is the law of the
Creator. And the rules of civil society must be adapted to
the general constitution of things, and cannot be based upon
exceptional cases.
Muller v. Oregon (1908):
That woman's physical structure and the performance of maternal
functions place her at a disadvantage in the struggle for
subsistence is obvious. This is especially true when the burdens
of motherhood are upon her. Even when they are not, by abundant
testimony of the medical fraternity, continuance for a long time
on her feet at work, repeating this from day to day, tends to
injurious effects upon the body, and, as healthy mothers are
essential to vigorous offspring, the physical wellbeing of woman
becomes an object of public interest and care in order to
preserve the strength and vigor of the race.
Still again, history discloses the fact that woman has always
been dependent upon man. He established his control at the
outset by superior physical strength, and this control in
various forms, with diminishing intensity, has continued to the
present. As minors, though not to the same extent, she has
been looked upon in the courts as needing especial care that her
rights may be preserved.
Goesaert v. Cleary (1948):
Since bartending by women may, in the allowable legislative
judgment, give rise to moral and social problems against which
it may devise preventive measures, the legislature need not go
to the full length of prohibition if it believes that, as to a
defined group of females, other factors are operating which
either eliminate or reduce the moral and social problems
otherwise calling for prohibition. Michigan evidently believes
that the oversight assured through ownership of a bar by a
barmaid's husband or father minimizes hazards that may confront
a barmaid without such protecting oversight. This Court is
certainly not in a position to gainsay such belief by the
Michigan legislature. If it is entertainable, as we think it
is, Michigan has not violated its duty to afford equal protection
of its laws. We cannot cross-examine, either actually or
argumentatively, the mind of Michigan legislators, nor question
their motives. Since the line they have drawn is not without a
basis in reason, we cannot give ear to the suggestion that the
real impulse behind this legislation was an unchivalrous desire
of male bartenders to try to monopolize the calling.
Hoyt v. Florida (1961):
Despite the enlightened emancipation of women from the
restrictions and protections of bygone years, and their entry
into many parts of community life formerly considered to be
reserved to men, woman is still regarded as the center of home
and family life. We cannot say that it is constitutionally
impermissible for a State, acting in pursuit of the general
welfare, to conclude that a woman should be relieved from the
civic duty of jury service unless she herself determines that
such service is consistent with her own special
responsibilities.
Florida is not alone in so concluding. Women are now eligible for
jury service in all but three States of the Union. Of the
forty-seven States where women are eligible, seventeen besides
Florida, as well as the District of Columbia, have accorded women
an absolute exemption based solely on their sex, exercisable in
one form or another.”
Reed v. Reed (1971):
To give a mandatory preference to members of either sex over
members of the other, merely to accomplish the elimination of
hearings on the merits, is to make the very kind of arbitrary
legislative choice forbidden by the Equal Protection Clause of
the Fourteenth Amendment; and whatever may be said as to the
positive values of avoiding intrafamily controversy, the choice
in this context may not lawfully be mandated solely on the basis
of sex. . . .
By providing dissimilar treatment for men and women who are
thus similarly situated, the challenged section violates the
Equal Protection Clause.