Craig v. Boren

Media Items
Oral Argument
Get Adobe Flash Player
Opinion Announcement
Get Adobe Flash Player
Advocates
James H. Gray (Argued the cause for the appellees)
Frederick P. Gilbert (Argued the cause for the appellants)
Case Basics
Docket No.: 
75-628
Appellee: 
Boren
Appellant: 
Craig
Decided By: 
Burger Court (1975-1981)
Opinion: 
429 U.S. 190 (1976)
Categories: 
standing, justiciability, fourteenth amendment, equal protection

Cite this page
The Oyez Project, Craig v. Boren , 429 U.S. 190 (1976)
available at: (http://oyez.org/cases/1970-1979/1976/1976_75_628)
Facts of the Case: 

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.

Question: 

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

Conclusion: 

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.

Decisions

Decision: 7 votes for Craig, 2 vote(s) against
Legal provision: Equal Protection

Sort by Ideology

Wrote a dissent
Burger
Wrote the majority opinion
Brennan
Wrote a special concurrence
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Wrote a regular concurrence
Blackmun
Wrote a regular concurrence
Powell
Wrote a dissent
Rehnquist
Wrote a regular concurrence
Stevens

Full Opinion by Justice William J. Brennan, Jr.