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Schlesinger v. Ballard - Significance, Lieutenant Ballard Receives A Mandatory Discharge, Frontiero And Reed Offer A Guide--and A Contrast

court congressional william appellant

Appellant

James R. Schlesinger, U.S. Secretary of Defense

Appellee

Robert C. Ballard

Appellant's Claim

That a rule establishing different guidelines regarding mandatory discharge for male and female officers in the U.S. Navy did not constitute a violation of the Fifth Amendment's Due Process Clause.

Chief Lawyer for Appellant

Harriet S. Shapiro

Chief Lawyer for Appellee

Charles R. Khoury, Jr.

Justices for the Court

Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Potter Stewart (writing for the Court)

Justices Dissenting

William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Byron R. White

Place

Washington, D.C.

Date of Decision

15 January 1975

Decision

That the differing classifications regarding rules for discharge and promotion of males and females are based in rationality; and that in exercising its broad constitutional mandate in making these classifications, Congress did not violate the Due Process Clause of the Fifth Amendment.

Related Cases

  • Reed v. Reed, 404 U.S. 71 (1971).
  • Frontiero v. Richardson, 411 U.S. 677 (1973).
  • Kahn v. Shevin, 416 U.S. 351 (1974).
  • Weinberger v. Weisenfeld, 420 U.S. 636 (1975).
  • Craig v. Boren, 429 U.S. 190 (1976).
  • Rostker v. Goldberg, 448 U.S. 1306 (1980).

Further Readings

  • Biskupic, Joan and Elder Witt. Guide to the U.S. Supreme Court, 3rd ed. Washington, DC: Congressional Quarterly Inc., 1997.
  • Levy, Leonard W., ed. Encyclopedia of the American Constitution. New York: Macmillan, 1986.
  • Witt, Elder. Congressional Quarterly's Guide to the Supreme Court, 2nd ed. Washington, DC: Congressional Quarterly Inc., 1990.

Additional Topics

Schlesinger v. Ballard - Significance

Schlesinger v. Ballard - Lieutenant Ballard Receives A Mandatory Discharge

At the beginning of the events which brought about his legal action, Robert C. Ballard had actively served with the U.S. Navy for nine years. An officer, he had attained the rank of lieutenant, at the pay grade O-3. He had been unsuccessful, however, in his efforts to obtain promotion to lieutenant commander. His second attempt at promotion had failed, and he was therefore subject to mandatory dis…

Schlesinger v. Ballard - Frontiero And Reed Offer A Guide--and A Contrast

In its review of the case before it, the Court examined the Navy's rationale behind the differing rules governing men in 6382 and women in 6401. At the root of the system controlling rules of promotion and attrition, explained Justice Stewart for the majority, was the need to limit the number of officers. The higher the pay grade, the greater the limitations. Under those general guidelines, the Na…

Schlesinger v. Ballard - A Different Reading Of The Legislative History

Justice Brennan presented a dissenting opinion in which he was joined by Justices Douglas and Marshall and, in part, by Justice White. Observing that in his view "a legal classification . . . premised solely upon gender must be subject to close judicial scrutiny," Brennan launched into a close reading of the legislative history behind the various statutes, which had resulted in the differing perio…

Schlesinger v. Ballard - Impact

Schlesinger v. Holtzman - Significance, A Unique Series Of Events, The Court Defers Action Again, Impact [next] [back] Schick v. Reed - Significance, The Lower Court Rulings, The President Can Commute With Conditions, Furman V. Georgia Did Not Apply

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