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March 29, 1967court rulingcivil rightsconstitutional lawwomen's rightsequal protectionsex discrimination14th amendment

Ada County probate court applies Idaho's mandatory male preference statute to appoint Cecil Reed over Sally Reed as administrator of their son's estate

Richard Lynn Reed Jr., the teenage son of separated parents Cecil and Sally Reed, died in Ada County, Idaho in March 1967. Both parents filed competing petitions to administer his modest estate. An Ada County magistrate applied Idaho Code § 15-314, which mandated that "males must be preferred to females" among equally entitled applicants, and appointed Cecil Reed without evaluating either parent's individual qualifications. Sally Reed, represented by attorney Allen Derr, appealed, arguing the statute violated the Equal Protection Clause of the 14th Amendment.