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Constitutional Law Keyed to Choper
Frontiero v. Richardson
Citation:
411 U.S. 677 (1973)Facts
Sharron Frontiero, a lieutenant in the United States Air Force, applied for increased quarters allowances and housing and medical benefits for her husband, Joseph Frontiero, a full-time college student. Under the applicable statutes (37 U.S.C. §§ 401, 403 and 10 U.S.C. §§ 1072, 1076), a serviceman could automatically claim his wife as a “dependent” for benefits purposes regardless of whether she was actually dependent on him for support. However, a servicewoman could only claim her husband as a “dependent” if she could prove he was dependent on her for more than half of his support. Since Joseph received veterans’ benefits and was not dependent on Sharron for more than half his support, her application was denied. The Frontieros filed suit, arguing that this differential treatment constituted unconstitutional sex discrimination in violation of the Fifth Amendment’s Due Process Clause.
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