Craig v. Boren

Craig v. Boren, 429 U.S. 190 (1976), is a landmark decision of the United States Supreme Court.

Oklahoma law prohibited the sale of 3.2% beer to males under 21 but allowed its sale to females over 18. Curtis Craig, a male under 21, and Carolyn Whitener, a beer vendor, challenged the law as gender discrimination. The state argued that the law was justified by statistical evidence showing young men were more likely to drink and drive.

Significance

Justice Brennan’s 7-2 opinion established intermediate scrutiny for gender classifications. The Court held that laws discriminating on the basis of sex must serve ‘important governmental objectives’ and be ‘substantially related to the achievement of those objectives.’ The Oklahoma law failed this standard because the statistical evidence was weak and the law was both over- and under-inclusive. Intermediate scrutiny remains the standard for gender discrimination cases.

Category

US Federal Case Law