Goesaert v. Cleary, 335 U.S. 464 (1948)

Goesaert v. Cleary


No. 49


Argued November 19, 1948
Decided December 20, 1948
335 U.S. 464

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

Mich.Stat.Ann. (Cum.Supp. 1947) § 18.990(1), which in effect forbids any female to act as a bartender unless she be "the wife or daughter of the male owner" of a licensed liquor establishment, does not violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 465-467.

(a) The classification which Michigan has made as between wives and daughters of owners of liquor establishments and wives and daughters of nonowners is not without a reasonable basis. Pp. 465-467.

(b) Nor is the statute rendered unconstitutional because Michigan allows women to serve as waitresses where liquor is dispensed. P.467.

74 F.Supp. 735 affirmed.

A three-judge federal district court denied an injunction to restrain enforcement of Mich.Stat.Ann. (Cum.Supp. 1947) 18.990(1), in effect forbidding any female to act as a bartender unless she be "the wife or daughter of the male owner" of a licensed liquor establishment. 74 F.Supp. 735. On appeal to this Court, affirmed, p. 467.