Golden Gate University Law Review


Sara MacDwyer


This Note examines the Court's refusal in Goldberg to apply heightened scrutiny to a discriminatory statute. The Court never satisfactorily answered the constitutional challenge: Whether, under the equal protection component of the fifth amendment's due process clause, women as a class may be excluded from military registration. Further, this Note argues that the Court improperly and unnecessarily deferred to congressional findings in ruling that Congress acted within its authority by registering only men.