Gender bias -- a prejudice or even a preconceived bias for or against a basis of gender -- is not "a harmless error" that appeals courts ignore.

Though less frequent than at one time, appearance of justice.

Courts have also ruled that the gender of a party who is the homemaker should not affect the spouse’s noneconomic contributions when it comes to property distribution. Courts may not view a man as a slacker if in a marriage he assumes the role of homemaker and the wife works outside the home. In a 1992 Iowa case, the court said, "It is important, however, that we respect the rights of individuals to designate a primary wage earner during marriage and erase any gender bias that because [the husband] is male it was incumbent for him to have employment."