The petitioner in this case is making the argument that she was not given a job for which she was adequately qualified on the basis of her gender. As stipulated in the equal protection clause of the Fourteenth Amendment (XIV), the State government is not able to discriminate against an individual due to membership in a particular group, including gender. While this stipulation was largely intended for the state level, pursuant to the 1971 Reed v. Reed case, the equal protection clause has also been applied at a Federal level (MacKinnon, 2014).
This would be consistent with the Johnston v. United States case presented here. Though this precedent has been set by Reed v. Reed, there is still some ambiguity surrounding the hiring practices of the U.S. military, particularly in combat and/or otherwise active duty job positions. It should also be noted that the Fifth Amendment requires the Federal Government to step aside in cases when doing otherwise might limit a individuals, “life, liberty, or property.” As such, the Fifth Amendment also applies to this case and acts in support of the petitioner’s claim of gender discrimination (Robinson, 2014).
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Alternatively, the court must interpret the respondent, i.e. the United States Government’s position on the notations made by General Manley. In regards to this issue, he noted that women are not appropriate for Special Forces Operations because they are, “physically unsuited for the rigors. . .of special operations.” This suggests there is more on which he has based his decision than the petitioner’s gender, albeit gender is mentioned in his statement. The Supreme Court’s request for a certiorari confirms that they find this case to be worthy of further consideration upon a limited review.
Ultimately, the Supreme Court decision may be guided by whether or not the petitioner has or has not demonstrated her physical prowess in the past and, whether or not these demonstrations have proved that she is capable of adequate physical performance consistent with the tasks of a Special Forces Officer.
- MacKinnon, Catherine A. “Toward a renewed equal rights amendment: Now more than ever.” Harv. Women’s LJ 37 (2014): 569.
- Robinson, Rob. “Culture and Legal Policy Punctuation in the Supreme Court’s Gender Discrimination Cases.” Policy Studies Journal 42.4 (2014): 555-589.
