In the case of Orr v. Orr (440 U.S. 268 (1979)), the US Supreme Court struck down an Alabama
Statute that said that only husbands could be required to pay alimony.
- The Court found that the
Statute was a violation of the Equal Protection Clause of the 14th Amendment
because it amounted to gender discrimination.
- In general, the Court uses an intermediate
scrutiny review in cases of gender
discrimination, and found that, in
this case, there was no exceedingly persuasive justification for the Statute.
- On the contrary, the Court
found that the Statute was based on stereotypical assumptions about