Kahn v. Shevin
Opinion of the Court
delivered the opinion of the Court.
Since at least 1885, Florida has provided for some form of property tax exemption for widows.
§ 196.202 (Supp. 1974-1975), has been essentially unchanged since 1941.
This is not a case like Frontiero v. Richardson, 411 U. S. 677, where the Government denied its female employees both substantive and procedural benefits granted males “solely . . .■ for administrative convenience.” Id., at 690 (emphasis in original).
Affirmed.
Article IX, § 9, of the 1885 Florida Constitution provided that: “There shall be exempt from taxation property to the value of two hundred dollars to every widow that has a family dependent on her for support, and to every person • that has lost, a limb or been disabled in war or by misfortune.”
In 1941. Fla. Stat. § 192.06 (7) exempted “[p]roperty to the value of five hundred dollars to every widow That provision has survived a variety of minor changes and renumbering in substantiafiy the same form, including Fla. Stat. § 196.191 (7) (1971) under which appellant-was denied the exemption. Currently Flá. Stat. § 196.202 provides: “Property to the value of five hundred dollars. ($500) of every widow, blind- person, or totally and permanently disabled' person who is a bona fide resident of this state shall be exempt from taxation.” '
Quoting Reed v. Reed, 404 U. S. 71,76.
In 1970 while 40% of males in the work, force earned over $10,000, and 70% over $7,000, 45% of women working full time earned less than $5,000, and 73.9% earned less than $7,000. U. S. Bureau of the Census: Current Population Reports, Series P-60, No. 80.
The Women’s Bureau provides the following data:
Women’s median Median earnings earnings - as percent Year Women Men of men’s
1972..........................$5,903 $10,202 57.9 '
1971.................'......... 5,593 9,399 59.5
1970.......................... 5,323 8,966 59.4
1969.......................... 4,977 8,227 60.5
1968 .......................... 4,457 7,664 58.2
1967.......................... 4,150 7,182 57.8
1966.......................... 3,973 6,848 58.0
1965.......................... 3,823 6,375 60.0
*354 Women's median Year Median earnings Women Men earnmgs . as percent of men's
1964. .$3,690 $6,195 59.6
1963. . 3,561 5,978 59.6
1962. . 3,446 5,794 59.5
1961. . 3,351 5,644 59.4
1960. ..3,293 5,417 60.8
1959. . 3,193 5,209 61.3
1958. . 3,102 4,927 63.0
1957. . 3,008 4,713 63.8
1956. . 2,827 4,466 63.3
1955. . 2,719 4,252 63.9
Note. — Data for 1962-72 are not strictly comparable with those for prior years, which are for wage and salary income only and do not include earnings of self-employed persons.
Source: Table prepared by Women’s Bureau, Employment Standards Administration, U. S. Department of Labor, from data published by Bureau of the Census, U. S. Department of Commerce.
For example, in 1972 the median income of women with four years of college was $8,736 — exactly $100 more than the median income of men who had never, even completed one year of high school. Of. those employed as managers or administrators, the women’s median income was only 53.2% ef the men’s, and in the professional and technical occupations the figure was 67.5%. Thus the disparity extends even to women occupying jobs usually thought of as well paid. Tables prepared by the Women’s Bureau, Employ.ment Standards Administration, U. S. Department of Labor.
It is' still the case, that in the majority of. families where both spouses are present, the woman is'not émployed. A. Ferriss, Indicators of Trends in the Status of American Women 95 (1971).
And in Frontiero the plurality opinion also rioted that the statutes there were “not in any sense designed to rectify the' effects of past discrimination against women. On the contrary, these statutes seize upon a group — women—who have historically suffered discrimination in employment, and rely on the effects of this past discrimination' as a justification for heaping on additional economic disadvantages.” 411 U. S., at 689 n. 22 (citations omitted).
See Bell’s Gap R. Co. v. Pennsylvania, 134 U. S. 232, 237; Madden v. Kentucky, 309 U. S. 83, 87-88; Lawrence v. State Tax Comm’n, 286 U. S. 276; Royster Guano Co. v. Virginia, 253 U. S. 412.
The dissents argue that the Florida Legislature could have drafted the statute differently, so that- its purpose would have been accomplished more precisely. But the issue, of course, is not whether the statute(could have been drafted more wisely, but whether the lines chosen by the Florida Legislature are within constitutional limitations. The dissents would use the Equal Protection Clause as a vehicle for reinstating notions of substantive due process that have been repudiated. “We have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for the judgment of legislative bodies, [which] are elected to pass laws.” Ferguson v. Skrupa, 372 U. S. 726, 730.
Gender has never been rejected as an impermissible classification in all instances. Congress has not so far drafted women into the Armed Services, 50 U. S. C. App. § 454. The famous Brandéis Brief in Muller v. Oregon, 208 U. S. 412, on which the Court specifically relied, id., at 419-420, emphasized that thé special physical structure of women has a bearing on the “conditions under which she should be permitted to toil.” Id., at 420. These instances are pertinent to the problem in the tax field which is presented by this present case. Mr. Chief Justice Hughes in speaking for the Court said:
“The States, in ,the exercise of their taxing power, as with respect to tne exertion of other powers, are subject to the requirements of. the due oro cess and the equal protection clauses of the Fourteenth Amendment, but that Amendment imposes no iron rule of equality, prohibiting the flexibility and variety that are appropriate to schemes of taxation. ... In levying such -taxes, the State is not required to resort to close distinctions or to maintain a precise, scientific uniformity with reference to composition, use or value. To hold otherwise would be to subject- the essential taxing power of the State to an intolerable supervision, hostile to the basic principles of our Government and wholly beyond the protection which the general clause of the Fourteenth Amendment was intended to assure.” Ohio Oil Co. v. Conway, 281 U. S. 146, 159.
Dissenting Opinion
dissenting.
The Florida tax exemption at, issue here is available to all widows but not to widowers. The presumption is that all widows are financially more needy and less trained
I find the discrimination invidious and violative of the Equal Protection Clause. Thére is merit in giving poor widows a tax break, but gender-based classifications are suspect and require more justification than the State has offered.
I perceive no purpose served by the exemption other than to alleviate current economic necessity, but the State extends the exemption to widows who'do not need the help and denies it to widowers who do. It may be administratively inconvenient to’ make, individual determinations of entitlement and to extend the exemption to needy men as well as needy women, but administrative efficiency is not an adequate justification for discriminations based purely on sex. Frontiero v. Richardson, 411 U. S. 677 (1973); Reed v. Reed, 404 U. S. 71 (1971).
It may be suggested that the State is entitled to prefer widows over, widowers because their assumed need is rooted in past and’ present economic discrimination against women. But this is not a credible explanation of Florida’s tax exemption; for if the State’s purpose was to compensate for past discrimination against females, surely it would not have limited the exemption to women who are widows. Moreover, even if past discrimination is considered to be the criterion for current tax exemption,
I dissent.
Dissenting Opinion
with whom Mr. Justice Marshall joins, dissenting.'
The Court rejects widower Kahn’s- claim 'of denial of equal protection on the ground that the limitation in Fla. Stat. § 196.191 (7) (1971), which provides an annual $500 property tax exemption to widows, is a legislative classification that bears a fair and substantial relation to “the state policy of cushioning the financial impact of spousal loss upon the sex for which that loss imposes a disproportionately heavy burden.” Ante, at 355. In my view, however, a legislative classification that distinguishes potential beneficiaries solely by reference to their gender-based status as widows or widowers, like classifications based upon race,
Gender-based glassifications cannot be sustained merely because they promote legitimate governmental interests, such as efficacious administration of government. Frontiero v. Richardson, supra; Reed v. Reed, 404 U. S. 71 (1971). For “when'-we enter the realm of 'strict judicial scrutiny,’ there can be no doubt that 'administrative convenience’ is not a shibboleth, the mere recitation of which dictates constitutionality. See Shapiro v. Thompson, 394 U. S. 618 (1969); Carrington v. Rash, 380 U. S. 89 (1965). On the contrary, any statutory scheme which draws a sharp line between the sexes, solely for the purpose of achieving administrative convenience, necessarily commands ‘dissimilar treatment for men and women who are . . . similarly situated,’ and therefore involves the ‘very kind of arbitrary legislative choice forbidden by the [Constitution] ... . .’’ Reed v. Reed, 404 U. S., at 77, 76.” Frontiero v. Richardson, supra, at 690. But Florida’s justification of § 196.191 (7) is not that it serves administrative convenience or helps to preserve the public fisc. Rather, the asserted justification is that § 196.191 (7) is an affirmative step toward alleviating the effécts of past economic discrimination against women.
I agree that, in providing special benefits for a needy segment of society. long the victim of purposeful dis
The statute nevertheless fails to satisfy the requirements of equal protection, since the State has not borne its burden of proving that its compelling interest could not be achieved by a more precisely tailored statute or by use of feasible, less drastic means. * Section 196.191 (7) is plainly overinclusive, for the $500 property tax exemption may be obtained by a financially independent heiress as well as by an unemployed widow with dependent children. The State has offered nothing to explain why inclusion of widows of substantial economic means was necessary to advance the State’s interest in ameliorating the effects of past economic discrimination against women.
Moreover, alternative means of classification, narrowing the class of widow beneficiaries, appear readily available. The exemption is granted only to widows who complete and file with the tax assessor a form application establishing their status as widows. By merely redrafting that form to exclude widows who earn annual incomes, or possess assets, in excess of specified amounts, the State could readily narrow the class of beneficiaries to those widows for whom the effects of past economic discrimination against women have been a practical reality.
See Loving v. Virginia, 388 U. S. 1, 11 (1967); McLaughlin v. Florida, 379 U. S. 184, 191-192 (1964); Bolling v. Sharpe, 347 U. S. 497, 499 (1954).
See Graham v. Richardson, 403 U. S. 365, 372 (1971).
See Oyama v. California, 332 U. S. 633, 644-646 (1948); Korematsu v. United States, 323 U. S. 214, 216 (1944); Hirabayashi v. United States, 320 U. S. 81, 100 (1943).
Brief for Appellees 2A-25; Tr. of Oral Arg. 29-31. The State’s argument is supported’ by the ^Florida Supreme Court which held that thA object of § 196.191 (7) was to help “ ‘reduce the disparity between the economic . . . capabilities of a man and a woman ....’” 273 So. 2d 72, 73 (1973).
Significantly, the Florida statute does not compel the beneficiaries to accept the State’s aid. The taxpayer must file for the tax exemption. This case, therefore, does not require resolution of the.more difficult questions raised by remedial legislation which makes special treatment mandatory. See Note, Developments in' the Law — Equal Protection, 82 Harv. L. Rev. 1065, 1113-1117 (1969).
See Frontiero v. Richardson, 411 U. S. 677 (1973); Sail’er Inn, Inc. v. Kirby, 5 Cal. 3d 1, 485 P. 2d 529 (1971). See generally The President’s Task Force on Women’s Rights and Responsibilities, A Matter of Simple Justice (1970); L. Kanowitz, Women and the Law: The Unfinished Revolution (1969).
As noted by the Court, ante, at 353-354:
“[D]ata compiled by the Women’s Bureau of the United States Department of Labor show that in 1972 a woman working full time had a median income which was only 57.9% of the median for males — a figure actually six points lower .than had been achieved in 1955 .... The disparity is likely to be exacerbated for the widow. While the widower can usually continue in the occupation which preceded his spouse’s death, in many cases the widow will find herself suddenly forced into a job market with which she is- unfamiliar, and in which, because of her former .economic dependency, she will have fewer skills to offer.” (Footnotes omitted.)
Reference
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- KAHN v. SHEVIN, ATTORNEY GENERAL OF FLORIDA, Et Al.
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- Published