1. Craig v. Boren, (1976)
2. Facts: A Oklahoma statute provides for a minimum age to purchase 3.5% beer differently for males than for females. For females, the age is 18, but for males, the age is 21. The state has statistics that, if valid, tend to show that more males in the 18-20 range than females in the 18-20 range are arrested for drunk driving. Thus, their rationale for the rule is that it is a necessary protection of public safety.
3. Procedural Posture: Unknown.
4. Issue: Whether the law violates the equal protection clause, i.e. whether the difference between males and females with respect to the purchase of 3.2% beer does not justify the differential treatment by the Oklahoma statute.
5. Holding: Yes.
6. Majority Reasoning: Reed and Fornteiro stand for the proposition that classification by gender must serve “important governmental objectives” and must be “substantially related” to the achievement of those objectives. The purpose of increasing traffic safety is certainly “important” and valid. However, there relationship between the classification and the objective is not sufficiently “substantial.” The statistical evidence presented is statistically invalid because it rests on too many assumptions which have not been proven. Also, even given their correctness, they do not justify differential treatment because of their close results. There is an inherent difficulty (i.e. too many uncontrollable variables) in using statistical evidence to make broad social classifications.
7. Concurrence Reasoning: [Powell] felt that the announcement of the new intermediate standard was not necessary because the case was easily decidable on the “fair and substantial” relation standard of Reed. [Stevens] objected to the classification because it was based on an “accident of birth,” and because it is easily circumvented (i.e. the female can buy the alcohol). It also punishes the 100% of the male population between 18-20 when the statistics only show that 2% need punishment.
8. Dissent Reasoning: [Rehnquist] felt that the new standard was without authority, and also that the previous cases were not on point because they involved women seeking relief (as the discriminated party), rather than men. The justification for Reed was that women were a discrete and insular class. Men have no such problem. Thus, this should only be given the “rational basis” test. The legislature has not been irrational or arbitrary in their actions because they were acting on the best statistical information they had.
