Craig v. Boren

Constitutional Provision at Issue

14th Amendment Equal Protection Clause

Holding

7-2 decision for Craig

Facts

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. Curtis Craig, a male then between the ages of 18 and 21, and a licensed vendor challenged the law as discriminatory.

Government Action or Statute in Question

Did an Oklahoma statute violate the Fourteenth Amendment's Equal Protection Clause by establishing different drinking ages for men and women?

Alternative Solutions

Chief Justice Burger and Justice Rehnquist dissented. Rehnquist dissented because he felt that the law only needed to pass the "rational basis" analysis. (Previous cases in this area, such as Stanton v. Stanton, had used only the "rational basis" test). Burger was "in general agreement with Mr. Justice Rehnquist's dissent ...." but penned a separate dissent to emphasize that "a litigant may only assert his own constitutional rights or immunities." He felt that the indirect economic injury to Whitener and other vendors introduced "a new concept of constitutional standing to which I cannot subscribe."

Reasoning of the Majority

In a 7-to-2 decision, the Court held that the statute made unconstitutional gender classifications. The Court held that the statistics relied on by the state of Oklahoma were insufficient to show a substantial relationship between the law and the maintenance of traffic safety. Generalities about the drinking habits of aggregate groups did not suffice. The Court also found that the Twenty-first Amendment did not alter the application of the Equal Protection Clause in the case.

Major Doctrines

To regulate in a sex-discriminatory fashion, the government must demonstrate that its use of sex-based criteria is substantially related to the achievement of important governmental objectives.