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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Citation
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Parent Document
Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction
Montana (state)
Effective Date
2012-12-17

Other Sections in This Document (2523)

Full Text

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[t]he question is not whether homosexuals have achieved political
       successes over the years; they clearly have. The question is whether they
       have the strength to politically protect themselves from wrongful
       discrimination.    When the Supreme Court ruled that sex-based
       classifications were subject to heightened scrutiny in 1973, the Court
       acknowledged that women had already achieved major political victories.
       See Frontiero, 411 U.S. at 685, 93 S.Ct. 1764. The Nineteenth Amendment
       had been ratified in 1920, and Title VII had already outlawed sex-based
       employment. See 78 Stat. 253. The Court was persuaded nevertheless that
       women still lacked adequate political power, in part because they were
       “vastly underrepresented in this Nation’s decisionmaking councils,”
       including the presidency, the Supreme Court, and the legislature.
       Frontiero, 411 U.S. at 686 n. 17, 93 S.Ct. 1764.