Orr v. Orr
|Orr v. Orr|
|Argued November 27, 1978
Decided March 5, 1979
|Full case name||William Orr v. Lillian Orr|
|Citations||440 U.S. 268 (more)
99 S. Ct. 1102; 59 L. Ed. 2d 306; 1979 U.S. LEXIS 65
|The Alabama statute granting alimony only to women violated the Equal Protection Clause of the Fourteenth Amendment.|
|Majority||Brennan, joined by Stewart, White, Marshall, Blackmun, Stevens|
|Dissent||Rehnquist, joined by Burger|
|U.S. Const. amend. XIV|
Orr v. Orr, 440 U.S. 268 (1979), was a United States Supreme Court case that held that a statutory scheme in Alabama that imposed alimony obligations on husbands but not on wives was an unconstitutional equal protection violation.
The state of Alabama had adopted a statutory scheme that imposed alimony obligations on husbands but not on wives for the stated purpose of addressing the economic disparity between men and women by providing support for needy women after divorce.
Opinion of the Court
Applying intermediate scrutiny, the Court determined that the statute was not substantially related to the stated purpose. The Court observed that a gender neutral statute would still have the effect of providing for needy women, and that the only difference created by the Alabama statute was to also provide support for well off women that did not need support and to exclude needy men from support.
- Jonathan D. Varat; William Cohen; Vikram Amar (2009). Constitutional Law Cases and Materials (Concise Thirteenth ed.). New York: Foundation Press. p. 580.
- Varat, p. 581