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- Xref: sparky alt.dads-rights:3527 soc.men:23332 soc.women:23102 misc.legal:23393
- Newsgroups: alt.dads-rights,soc.men,soc.women,misc.legal
- Path: sparky!uunet!munnari.oz.au!sgiblab!swrinde!emory!gatech!udel!intercon!psinntp!panix!eck
- From: eck@panix.com (Mark Eckenwiler)
- Subject: Re: Sexual Discrimination
- Message-ID: <C1HtrE.C9w@panix.com>
- Organization: Superseding Information, Inc.
- References: <1993Jan26.011724.27341@cbnewsk.cb.att.com> <1993Jan26.035102.3766@midway.uchicago.edu> <1993Jan26.085757.6320@cbnewsk.cb.att.com>
- Date: Wed, 27 Jan 1993 03:30:49 GMT
- Lines: 59
-
- In <1993Jan26.085757.6320@cbnewsk.cb.att.com>, noraa@cbnewsk.cb.att.com sez:
- >
- >Given that women are awarded either sole custody or primary custody
- >(usually something like a 75/25 split) in roughly 85% of all divorces
- >in this country in which the divorcing couple are parents of children
- >under age eighteen, despite laws in virtually every state that
- >emphatically set forth that judges should NOT be biased by gender in
- >awarding said custody of children, are the judges and referees of the
- >domestic relations courts of the United States of America guilty of
- >sexual discrimination?
-
- I know it's futile trying to discuss actual case law with you, Aaron,
- but other readers may be interested in knowing the answer to your
- question, which I take to be "Does this statistic prove that men are
- denied equal protection as guaranteed under the 14th amendment?"
-
- The answer is no, the numbers by themselves are not dispositive. As I
- wrote in a related context last month:
-
- =====
- Newsgroups: misc.legal
- From: eck@panix.com (Mark Eckenwiler)
- Subject: Re: Assessing Governmental Interest
- Message-ID: <1992Dec17.222116.29898@panix.com>
- Date: Thu, 17 Dec 1992 22:21:16 GMT
- Organization: Superseding Information, Inc.
-
- In <4f0l02uU2fIm01@JUTS.ccc.amdahl.com>, tjc50@juts.ccc.amdahl.com sez:
- >For example, if a government passes a law which treats people differently
- >based on race, the law will be struck down as violative of the Equal
- >Protection clause of the 14th Amendment unless the government can show that
- >it (the government) had a compelling governmental interest, and that the
- >regulation was necessary to acheiving that interest.
-
- Point of clarification: this is trivially true if the law on its face
- distinguishes on a racial basis. If, however, a facially neutral law
- "treats people differently" in that it affects one racial group more
- adversely than another, strict scrutiny may or may not apply. See
- Washington v. Davis, 426 US 229 (1976).
-
- Example: Assume that members of a racial group are disproportionately
- likely to use public transit. A significant fare hike has the effect
- of "treat[ing] people differently based on race", but is probably not
- EP-violative.
-
- Terry already knew all this, I'm certain; I just thought a gloss on
- the "disparate impact" doctrine would be useful given his phrasing.
-
- ===========end insert
-
- Under _Washington v. Davis_, mere "disparate impact" isn't enough. If
- you actually want to discuss this intelligently, you'll need to read
- and understand that decision first.
-
-
- --
- They told me you had gone totally insane, and that your methods were unsound.
-
- Mark Eckenwiler eck@panix.com ...!cmcl2!panix!eck
-