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Goesaert v. Cleary

1. Goesaert v. Cleary, (1948)

2. Facts: A Michigan state law provided that no women could obtain a bartender’s license unless she was the wife or daughter of the male owner.

3. Procedural Posture: Challenged under equal protection.

4. Issue: Whether the law violates equal protection; i.e. whether women have a constitutionally protected right to choose to bea bartender.

5. Holding: No.

6. Reasoning: [Frankfurter] Michigan could ban all women from being bartenders if it wished. The Constitution does not require legislatures to reflect sociological insight, or shifting social standards, any more than it requires them to keep abreast of the latest scientific standards. Since there may be a reasonable and valid desire in the legislature to protect female bartenders, the court can not second-guess the legislature and decide that the real purpose here was for male bartenders to monopolize the industry.

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