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1 results

  • 11 - Commentary on State v. Norman

  • from Part II - Gender on Trial
  • Edited by Bennett Capers, Fordham University, New York, Sarah Deer, University of Kansas, Corey Rayburn Yung, University of Kansas
  • Book:
    Feminist Judgments: Rewritten Criminal Law Opinions
    Published online:
    01 December 2022
    Print publication:
    15 December 2022, pp 230-252

  • 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.