Emily Martin, Vice President and General Counsel

On Monday, President Obama issued the first ever National Action Plan on Women, Peace, and Security, which recognizes that women’s meaningful participation in decisions regarding war and peace promotes national security and stability, and advances nations’ economic and social development. The plan, and the executive order implementing it, commit the United States to undertake steps to promote women’s roles in conflict prevention, peace processes, and decision making; to protect women and children from sexual and gender-based violence and trafficking in conflict zones; and to take women’s particular needs into account in providing humanitarian assistance. The plan recognizes that rape and violence against women is often used as a weapon in armed conflict and that efforts to prevent and end conflicts must address these forms of violence. It also recognizes that investing in women and girls’ health, education, and economic oppor­tunity pays dividends in the form of stable societies and lasting peace, because no nation can thrive when it fails to tap the potential of half its population. The plan is a strong and welcome commitment by the United States to foster women’s participation and leadership in diplomacy, defense, and development initiatives around the world.

In 1971, the United States Supreme Court invalidated an Idaho law that required the selection of a man over a woman to serve as administrator of an estate when both were equally qualified.  The landmark Reed v. Reed decision, 404 U.S. 71 (1971), marked the first time in history that the Court applied the Equal Protection Clause of the Fourteenth Amendment to strike down a law that discriminated against women.

Background of the Reed v. Reed Case

The woman who challenged Idaho’s discriminatory statute was Sally Reed, a single mother who earned a living by caring for disabled people in her home.  The case began when her teenage son Skip died tragically. According to Sally, her ex-husband, Cecil Reed, was an abusive husband and father who deserted the family when their son was only three or four years old. After their divorce, Sally raised Skip during his “tender years,” but Cecil was awarded partial custody of Skip when he reached his teens.  During one of his visits, Skip was found dead in his father’s basement, having apparently shot himself with his father’s rifle. Skip’s death was determined a suicide, but Sally was suspicious because Cecil had taken out a life insurance policy on the boy.  Because Skip had died without a will, Sally filed a petition to be appointed administrator of his estate, which consisted of only $495 and a few personal belongings. Cecil Reed put in a rival application.