Schlesinger v. Ballard, 419 U.S. 498 (1975)
Schlesinger v. Ballard is a landmark Supreme Court case that addressed the constitutionality of gender-based distinctions in the United States Navy's promotion policies.
Does a federal statute providing longer service time before mandatory discharge for female naval officers than male officers violate the Equal Protection Clause of the Fifth Amendment?
Under equal protection analysis, gender-based classifications require an intermediate level of scrutiny, whereby the government must show that the gender classification serves important government objectives and the discriminatory means employed are substantially related to the achievement of those objectives.
The Supreme Court held that the statutory distinction did not violate the Equal Protection Clause. The policy reflected congressional efforts to mitigate the effects of historical discrimination and reduced opportunities for women, which constituted a legitimate government interest.
Schlesinger v. Ballard is a crucial case in understanding how gender-based distinctions are evaluated under the Equal Protection Clause. It established that compensatory policies addressing past discrimination could justify differential treatment if they met intermediate scrutiny. This case remains significant for law students examining gender discrimination, as it demonstrates how legislative measures can both remedy and reinforce gender disparities, depending on their purpose and implementation.