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Craig v. Boren

Supreme Court of the United States · 1976 · Constitutional Law

equal protectiongender discriminationintermediate scrutinybeerEqual Protection Clausegender classificationsimportant governmental objectivessubstantially related

Facts

Oklahoma law prohibited the sale of nonintoxicating 3.2% beer to males under 21 and to females under 18. Craig, a male between 18 and 21, and Whitener, a licensed beer vendor, challenged the gender-based differential as unconstitutional discrimination against males 18 to 20 years old. By the time the case reached the Supreme Court, Craig had turned 21, so only Whitener had a live controversy. The State defended the law primarily as a traffic-safety measure and relied on statistical evidence about young males, alcohol, and driving.

Issue

Whether Oklahoma's different minimum ages for purchasing 3.2% beer based on sex deny males aged 18 to 20 the equal protection of the laws. Also, whether the vendor, Whitener, had standing to assert the equal protection rights of those male customers.

Rule

Classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives. In addition, a party directly regulated by a statute and injured by it may assert the rights of third parties when enforcement against that party would materially impair those third parties' ability to exercise their rights.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Colorado allows the sale of low-alcohol malt beverages to women at age 18 but bars sales to men until age 21. The state defends the law as a highway-safety measure based on data showing that young men, as a group, receive more alcohol-related traffic citations than young women.

If a court applies the governing equal protection standard from the majority opinion, which test should it use?

Explanation. The majority held that classifications by gender are subject to a heightened equal protection inquiry: they must serve important governmental objectives and must be substantially related to achievement of those objectives. The Court did not apply mere rational basis, and it did not require strict scrutiny.