---~---~--------------------~
Moreover, since sex, like race and national origin, is
an immutable characteristic determined solely by
birth, the imposition of special disabilities upon
members of a particular sex would seem to violate the
basic concept of our system that legal burdens should
bear some relationship to individual responsibility."
133. Equally in Stanton v Stanton 13 ; the Federal Supreme Court declared
unconstitutional a Utah law that required that parents support their
female children until age 18, but that male children be supported until
age 21.
The Court found deplorable the rational of the difference
being the 'old notions' the female is destined solely for the home and
the rearing of the family, and only the male for the market place and
the world of ideas.
134. In Kirchberg v Feenstra 1\ the Court expressly used the doctrine of
scrutiny developed in Craig v Boren above to invalidate a Louisiana
law that gave a husband, as 'head and master' of property jointly owned
with his wife, the unilateral right to dispose of such property without
his spouse's consent.
135. Further in the United States v Virginia, 518 U.S. 515 (1996); the
Supreme Court declared unconstitutional the exclusion of women by
the Virginia Military Institute (VMI).
136. In our law as indicated above, the cases of Wazara v Belvedere
Teachers College supra and Cl1adoka supra all outlaid discrimination
connected with female students that fell pregnant, in universities and
colleges who were being expelled and not the boy responsible for the
same.
l3
14
421 u.s. 7 (1975)
450 u.s. 455, 459 (1981)
Page 45 of 46
Applicant's Heads of Argument in the matter between:
Love ness l'v{udzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law
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