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A mandatory provision of the Idaho probate code that gives preference to men over women when persons of the same entitlement class apply for appointment as administrator of a decedent' estate is based solely on a discrimination prohibited by and therefore violative of the Equal Protection Clause of the Fourteenth Amendment.
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The Supreme Court first declared gender-based classification unconstitutional in the case of Reed v. Reed in 1971. The court held that it violated the Equal Protection Clause of the Fourteenth Amendment. This landmark decision recognized that gender discrimination is subject to the same strict scrutiny standard as race discrimination.
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What is an example of how one court used too much power in the supreme court case of reed vs reed?
Unsure what is being asked because ... no court "used too much power." This is a pretty standard case in which the US Supreme Court over-ruled an Idaho court (which had done nothing but follow precedent) and over-turned an Idaho law prohibiting females from being Executors/Administrators of an estate. It is considered one of the ground-breaking court decisions of the Women's Movement.ANSWERin Reed v Reed (1971) the Idaho State Supreme Court upheld a ruling by the Probate Court that violated the Equal Protection Clause of the Fourteenth Amendment. The case was appealed due to discrimination under a state law that violated the US Constitution. The Idaho Probate Court Code provided that males must be preferred to females when appointing administrators of estates. The probate Court appointed Cecil Reed as administrator of his child's estate even though Sally Reed had also petitioned to be appointed. There was no hearing on the appointment. Sally Reed appealed the Probate Court's decision to the Fourth Judicial District of Idaho. The district court agreed the law violated Reed's constitutional rights. It held that the two sections of the law should be considered void.Cecil Reed appealed to the Idaho Supreme Court. The Supreme Court rejected the district court's ruling finding the legislature had rightfully concluded that men are better qualified to act as an administrator than women.The United States Supreme Court ruled the appointment of Cecil Reed as administrator was unconstitutional and the Idaho law violated the Equal Protection Clause of the Fourteenth Amendment by giving a mandatory preference to any sex in order to accomplish the elimination of any hearing on the merits of the case triggered by the dual petitions under the law. The decision was unanimous.Reed is an example of a state court that upheld systemic discrimination against women in an era of great strides in equal rights for women. The Idaho State Supreme Court has the power hold a law unconstitutional. It didn't in this case and one could hold the opinion that the Idaho Supreme Court abused it's power by trying to uphold a law that clearly discriminated against women.
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