The state argued that young women were less likely to drive drunk and get into traffic accidents. An Oklahoma law prohibited the sale of "nonintoxicating" 3.2 percent beer to males under the age of 21 and to females under the age of 18. Statistical evidence was offered in support of the discrimination based on gender and the state claimed the discrimination was substantially related to achieving the government’s interest in traffic safety. Curtis Craig, a male then between the ages of 18 and 21, and Carolyn Whitener, a licensed vendor challenged the law as discriminatory. Laws that did not involve a suspect classification were subject only to rational basis review, which asks whether the law is rationally related to a legitimate government interest.​. Reno v. ACLU: How Does Freedom of Speech Apply to the Internet? Romer v. Evans: Supreme Court Case, Arguments, Impact, Shaw v. Reno: Supreme Court Case, Arguments, Impact, Reed v. Reed: Striking Down Sex Discrimination, Interracial Marriage Laws History and Timeline. Craig v. Boren Significance. Fred Gilbert (criminal defense attorney who argued for Oklahoma), Carolyn Whitener (co-plaintiff and owner of Honk-N-Holler convenience store) The Supreme Court reversed the judgment of the district court. The Court did not find that the classification was substantially related to achieving that stated government interest. Craig v. Boren. All rights reserved. Case law and the Equal Protection Clause do not establish that regulations based on gender “must be substantially related to an important government purpose.”. Citation429 U.S. 190, 97 S. Ct. 451, 50 L. Ed. The case is significant to feminism because of the intermediate scrutiny standard. At trial, the district court upheld the statute. 75-628. Therefore, the sex-based classification was related to a legitimate state interest: the improvement of traffic safety on Oklahoma roads. 2d 397, 1976 U.S. Brief Fact Summary. Intermediate scrutiny is used for sex discrimination or gender classifications. Craig then appealed to the Supreme Court of the United States. The intermediate level of scrutiny is still used for classifications based on gender today. After several cases in which the Court seemed to apply a higher scrutiny than rational basis without really calling it heightened scrutiny, Craig v. Boren finally made clear that there was a third tier. Oklahoma State maintained different drinking ages between men and women for the consumption of 3.2% alcohol beer. If gender became subject to strict scrutinies, like race-based classifications, then laws with gender classifications would have to be narrowly tailored to achieve a compelling government interest. Decided December 20, 1976. Chief Justice Warren Burger and Justice William Rehnquist wrote dissenting opinions, criticizing the Court's creation of an acknowledgment of a third tier, and arguing that the law could stand on the "rational basis" argument. https://supreme.justia.com/cases/federal/us/429/190/case.html The Court also pointed out that no evidence has been offered to show the dangerousness of 3.2 percent alcohol use as opposed to simply alcohol. v. Varsity Brands, Inc. Craig, an Oklahoma liquor vendor challenged the constitutionality of an Oklahoma statute which prohibited the sale of “nonintoxicating” 3.2 percent beer to males under the age of 21. Classifications based on gender are subject to strict scrutiny, not intermediate. Craig v. Boren ruled that the gender classification violated the Equal Protection Clause of the Constitution. Standing, from left to right: Justices William H. Rehnquist, Harry Blackmun, Lewis F. Powell, Jr., and John Paul Stevens. Classifications based on gender should be subject to rational basis review. Craig v. Boren Case Brief. Justice Ginsburg (who argued the case), Curtis Craig (college student and co-plaintiff, now president of Explorer Pipeline Co.). A gender based classification is subject to intermediate scrutiny, which means the classification must be substantially related to achieving an important government purpose. No. Reynolds v. Sims: Supreme Court Case, Arguments, Impact, B.A., English and Print Journalism, University of Southern California. Washington v. Davis: Supreme Court Case, Arguments, Impact, Browder v. Gayle: Court Case, Arguments, Impact, Biography of Ruth Bader Ginsburg, Supreme Court Justice, Oregon v. Mitchell: Supreme Court Case, Arguments, Impact, Baker v. Carr: Supreme Court Case, Arguments, Impact. The Burger Court (1975-1981). Here, Boren claims the statute is related to achieving the government’s goal of traffic safety through statistical evidence. Argued October 5, 1976. Intermediate scrutiny falls between strict scrutiny and rational basis. Facts. Statement of the facts: In Oklahoma, a state statute was passed which prohibited the sale of “nonintoxicating” 3.2 percent beer to males under the age of 21. Justice for Beer Drinkers - Craig v. Boren, 429 U.S. 190 (1976) Click here to return to the Learning Center "Sex Discrimination - The Search for a Standard," by Natalie Wexler Introduction - Interpreting the Equal Protection Clause Breaking New Ground - Reed v. Reed, 404 U.S. 71 (1971) A Double Standard for Benefits - Frontiero v. Blackmun's concurring opinion argued that the higher, strict scrutiny, a standard was met. Curtis Craig was the plaintiff, a resident of Oklahoma who was over the age of 18 but under 21 at the time the suit was filed. The Court held that the difference is significant, but it is not enough to justify a broad rule to prohibit the sale of alcohol to males and not females in the relevant age group. Prior to Craig v. Boren, there had been much debate about whether sex-based classifications or gender classifications, were subject to strict scrutiny or mere rational basis review. The Court held that the appropriate standard of review of discrimination on the basis of gender is intermediate scrutiny.

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