invalidating under an independent Section 23 standard a state pension scheme which discriminated on the basis of gender
How later courts described this case
- invalidating under an independent Section 23 standard a state pension scheme which discriminated on the basis of gender
Written by the judges who cited it.
The opinion
Concurring Opinion
Arterburn, J.
I concur with the majority opinion. The basis for this is that there is no showing or evidence- presented by the Appellant Board that women teachers live longer lives than men teachers. There is no statistical evidence or mortality table presented that shows that in the teaching profession females have a longer life span than males.
I grant that when the population as a whole is considered statistics indicate women on the average live longer lives than men. However, I ascribe that result to the common knowledge that traditionally men engage in more hazardous or stressful occupations (such as mining, steel construction) while many women are engaged in household activities. To me such a fact colors the mortality tables comparing men and women.
We are dealing in this case solely with the teaching profession. I am inclined to believe that the stresses, strains and hazards of that professions apply alike to the male and female teacher. Until there is evidence to the contrary I must conclude the mortality rate is the same. I, therefore, concur in the majority opinion affirming the judgment of the trial court.