Craig v. Boren

Key Facts– Oklahoma passed a statute prohibiting some alcohol sales to men and women below a certain age, with the age being 21 for men and 18 for women.

Issue– Does a gender-based differential like this in a law violate the Equal Protection Clause?

Holding– Yes.

Result– Law overturned

Reasoning– As established by earlier cases, gender-based differentials in law are subject to some degree of scrutiny under Equal Protection. Statistical evidence offered here was insufficient to justify the regulation, and even if it was accepted as conclusive, the studies discussed would be insufficient to justify gender-based discrimination. This is clearly a higher standard than the rational basis test, though it is not strict scrutiny.

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