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abortion action alleged application basis of sex benefits bona fide occupational child Civil Rights Act claim classification Commission common law community property Congress constitutional contract Court of Appeals coverture criminal decision defendant denied determine differences discriminatory District Court due process duty effect employees Equal Pay Act Equal Protection Clause Equal Rights Amendment F.Supp fact fairness doctrine federal female fetus fide occupational qualification Fourteenth Amendment Goesaert husband individual interest issue Judge judgment jurisdiction Justice justify Kanowitz L.Ed labor legislation legislature license limited Louisiana male marital marriage married ment mother national origin Negroes opinion person plaintiff pregnancy prohibition purpose question reason regulation rule S.Ct sex discrimination sexual sexual intercourse social society spouse statute statutory Sumner Supp supra Supreme Court tion Title VII trial United United States Constitution unlawful employment practice violation wife woman women