Schlesinger v. Ballard
Headline: Navy tenure difference upheld: Court allows Congress to give women 13 years before forced discharge, meaning some male lieutenants can be discharged earlier after failing promotion.
Holding: The Court held that Congress may lawfully give women naval officers a longer 13-year tenure before forced discharge because women and men are not similarly situated in promotion opportunities, so the male lieutenant’s equal-treatment claim failed.
- Allows male lieutenants to be discharged earlier under existing rules.
- Keeps Congress and Defense Department able to set different tenure rules for officers.
- Signals Congress can change the rule; courts defer to military policy judgments.
Summary
Background
A male lieutenant in the Navy failed promotion to lieutenant commander twice and faced mandatory discharge under a statute that applied to men. He sued, saying that women officers were governed by a different statute that let them serve up to 13 years before mandatory discharge, and a lower court barred his discharge and found the male rule unconstitutional.
Reasoning
The central question was whether Congress could lawfully treat male and female officers differently in how long they can serve before forced separation for nonpromotion. The Court explained that men and women were not similarly situated in promotion opportunities because women were restricted from many combat and sea duties. Given those service differences, the Court found it was rational for Congress to give women a longer tenure to achieve fair career advancement. The Supreme Court therefore reversed the lower court and held the male discharge rule did not violate the Fifth Amendment.
Real world impact
The decision lets the existing statutes stand, so some male lieutenants like the plaintiff can be separated earlier than similarly ranked women under the 13-year rule. The ruling leaves to Congress and the Defense Department the job of changing the rules if they choose; the opinion notes the executive branch has already proposed legislative revisions and changed promotion practices.
Dissents or concurrances
A dissent argued gender-based classifications require close judicial scrutiny and found no adequate legislative justification, saying the lower court should have been affirmed.
Opinions in this case:
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