Frontiero v. Richardson (1973) was a significant U.S. Supreme Court case that challenged gender discrimination in military benefits. The case involved Sharron Frontiero, a lieutenant in the U.S. Air Force, who sought to have her husband recognized as a dependent so he could receive the same benefits that male service members’ wives were automatically granted. However, under the law at the time, women in the military had to provide proof of their husband’s dependence, while men were automatically granted benefits for their wives. Frontiero argued that this distinction violated the Equal Protection Clause of the 14th Amendment.
In a 6-3 decision, the Supreme Court ruled in favor of Frontiero, finding that the policy discriminated on the basis of sex and was unconstitutional. The Court concluded that the military’s policy of requiring female service members to prove their husband’s dependency, while male service members did not face the same burden, was an arbitrary and unconstitutional gender classification. While the Court did not establish a clear standard for gender discrimination, Justice Brennan, writing for the majority, applied a higher level of scrutiny to laws that discriminate based on sex. Though the case did not result in a sweeping ruling on gender equality, it paved the way for future cases that would more rigorously examine and challenge gender-based discrimination.