Idaho Supreme Court upholds mandatory male preference statute, ruling sex-based classification rationally reduces probate litigation burdens

The Idaho Supreme Court ruled against Sally Reed in early 1971, upholding Idaho Code § 15-314's mandatory male preference for estate administrators. The court held that the legislature could rationally choose to reduce the frequency of contested probate hearings by establishing a categorical preference, and that this preference was reasonably related to the state's interest in administrative efficiency. The ruling sent the case toward the U.S. Supreme Court. Allen Derr contacted the ACLU, which assigned Melvin Wulf and agreed to have Ruth Bader Ginsburg co-author the Supreme Court brief.