Several states had statutes which required that male heirs be chosen over female heirs within the same degree of kinship when the state appointed someone to administer the estate of a person who died without a will. 25 year old Olivia wants to be the administrator of her father’s estate, but the statute requires that her 19 year old brother, Sam be appointed instead. Olivia wants to challenge the constitutionality of the state statute.
1) What constitutional protection will she claim is being violated? Please explain.
2) What level of scrutiny will the court use to review this statute? Please explain.
3) What test will the statute have to meet to be constitutional? Please explain.
4) In your opinion, what state interest is advanced by this statute? Does it outweigh the interest of Olivia and other female heirs? Please explain.