Craig v. Boren (1976)
Facts: OK statute prohibited the sale of 3.2% beer to men under 21 and to females under 18. Did not prohibit the possession or consumption of beer by males 18-20. Male in this category filed suit as EP violation.
State’s argument: Claimed higher % of male drunk drivers in this age bracket and traffic safety was the specific interest.
Holding: Court declared the statute unconstitutional, first time intermediate scrutiny applied for gender classifications. The court said that traffic safety was not substantially related to gender discrimination.
Intermediate Scrutiny:
SC agreed that Intermediate Scrutiny appropriate standard for gender classifications.
Facts: OK statute prohibited the sale of 3.2% beer to men under 21 and to females under 18. Did not prohibit the possession or consumption of beer by males 18-20. Male in this category filed suit as EP violation.
State’s argument: Claimed higher % of male drunk drivers in this age bracket and traffic safety was the specific interest.
Holding: Court declared the statute unconstitutional, first time intermediate scrutiny applied for gender classifications. The court said that traffic safety was not substantially related to gender discrimination.
Intermediate Scrutiny:
- Important government interest
- Means must be substantially related to reaching the interest (not just reasonably related)
Dissent (Rehnquist): He says that he does not see any discrimination of men, rather that gender discrimination deals with women. This is the same CF who says that “race is race is race”, don’t have to prove long discrimination against blacks to use strict scrutiny. Says should not find for P b/c men are not historically discriminated against.
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