of British ColLunbia (1989) 36 CRR 193 [1989} 1 SCR 143;
(1989) 56 DLR 4h 1.
H.
AGE AND SEXUAL DISCRIMINATION IN
JURISDICTIONS
OTHER
130. Over the years has been developed a whole host of reach jurisprudence
on age and gender classification.
131. In the leading case of Frontiero v Richardson, the Federal Supreme
Court was concerned with a Federal law that allowed a man to
automatically claim his wife as a dependent and thereby receive a
greater allowance for quarters and for medical benefits.
A woman,
however, could only gain these benefits if she could prove her spouse
was dependent on her for over half of his support. The court held the
law to be unconstitutional.
132. In a famous passage, Justice Brennan wrote as follows at page 773:~
"There can be no doubt that our Nation has had a
long and unfortunate history of sex discrimination.
Traditionally such discrimination was rationalised by
an attitude of 'romantic paternalism' which, in
practical effect, put women, not on a pedestal, but in
a
cage."
Justice
Brennan
argued
that
the
characteristics that justify strict scrutiny of racial
classifications
also
are
present
as
to
gender
discrimination: 'Women still face pervasive, although
at
times
more
subtle,
discrimination
m
our
educational institutions, in the job market, and
perhaps most conspicuously, in the political arena.
Page 44 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
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