Goesaert v. Cleary/Dissent Rutledge

903928Goesaert v. Cleary — DissentWiley Blount Rutledge

Court Documents
Case Syllabus
Opinion of the Court
Dissenting Opinion Rutledge
Wikipedia article

United States Supreme Court

335 U.S. 464

Goesaert v. Cleary

Argued: Nov. 19, 1948. --- Decided: Dec 20, 1948

Mr. Justice RUTLEDGE, with whom Mr. Justice DOUGLAS and Mr. Justice MURPHY join, dissenting.

While the equal protection clause does not require a legislature to achieve 'abstract symmetry' ^[1] or to classify with 'mathematical nicety,' ^[2] that clause does require lawmarkers to refrain from invidious distinctions of the sort drawn by the statute challenged in this case. ^[3]

The statute arbitrarily discriminates between male and female owners of liquor establishments. A male owner, although he himself is always absent from his bar, may employ his wife and daughter as barmaids. A female owner may neither work as a barmaid hereself nor employ her daughter in that position, even if a man is always present in the establishment to keep order. This inevitable result of the classification belies the assumption that the statute was motivated by a legislative solicitude for the moral and physicial well-being of women who, but for the law, would be employed as barmaids. Since there could be no other conceivable justification for such discrimination against women owners of liquor establishments, the statute should be held invalid as a denial of equal protection.

Notes edit

↑ Patsone v. Commonwealth of Pennsylvania, 232 U.S. 138, 144, 34 S.Ct. 281, 282, 58 L.Ed. 539.
↑ Lindsley v. Natural Carbonic Gas Co., 220 U.S. 59, 61, 78 82, 31 S.Ct. 337, 340-342, 55 L.Ed. 369, Ann.Cas.1912C, 160; see also Tigner v. State of Texas, 310 U.S. 141, 147, 60 S.Ct. 879, 882, 84 L.Ed. 1124, 130 A.L.R. 1321; Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482; People of State of New York ex rel. Buyant v. Zimmerman, 278 U.S. 63, 73-77, 49 S.Ct. 61, 65-67, 73 L.Ed. 184, 62 AL.R. 785; Miller v. Wilson, 236 U.S. 373, 384, 35 S.Ct. 342, 344, 345, 59 L.Ed. 628, L.R.A.1915F, 829.
↑ Cf. Skinner v. State of Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655; State of Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208; McCabe v. Atchis n, T. & S.F.R. Co., 235 U.S. 151, 35 S.Ct. 69, 59 L.Ed. 169; Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220. And see Kotch v. River Port Pilot Commissioners, 330 U.S. 552, dissenting opinion 564, 67 S.Ct. 910, 916, 91 L.Ed. 1093.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse

[ref1-1] Patsone v. Commonwealth of Pennsylvania, 232 U.S. 138, 144, 34 S.Ct. 281, 282, 58 L.Ed. 539.

[ref2-2] Lindsley v. Natural Carbonic Gas Co., 220 U.S. 59, 61, 78 82, 31 S.Ct. 337, 340-342, 55 L.Ed. 369, Ann.Cas.1912C, 160; see also Tigner v. State of Texas, 310 U.S. 141, 147, 60 S.Ct. 879, 882, 84 L.Ed. 1124, 130 A.L.R. 1321; Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482; People of State of New York ex rel. Buyant v. Zimmerman, 278 U.S. 63, 73-77, 49 S.Ct. 61, 65-67, 73 L.Ed. 184, 62 AL.R. 785; Miller v. Wilson, 236 U.S. 373, 384, 35 S.Ct. 342, 344, 345, 59 L.Ed. 628, L.R.A.1915F, 829.

[ref3-3] Cf. Skinner v. State of Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655; State of Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208; McCabe v. Atchis n, T. & S.F.R. Co., 235 U.S. 151, 35 S.Ct. 69, 59 L.Ed. 169; Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220. And see Kotch v. River Port Pilot Commissioners, 330 U.S. 552, dissenting opinion 564, 67 S.Ct. 910, 916, 91 L.Ed. 1093.

[1]

[2]

[3]