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11 - Commentary on State v. Norman

from Part II - Gender on Trial

Published online by Cambridge University Press:  01 December 2022

By
Joan H. Krause
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

This case is the first tribal appellate court case included in any of the Feminist Judgments volumes. The case deals with equal protection and gender discrimination, with facts somewhat analogous to Michael M. v. Superior Court, 450 U.S. 464 (1981). Three male juvenile defendants were charged with second-degree sexual assault (a gender-neutral statute), whereas their purported female sex partners were not charged. The Supreme Court of the Winnebago Tribe of Nebraska concluded that gender discrimination is subject to strict scrutiny under Winnebago law, and that the government had a compelling interest in charging only the male juveniles.

Keywords

genderequal protectionstatutory rape tribal statuteminorassault
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 230 - 252
Publisher: Cambridge University Press
Print publication year: 2022

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