Craig v. Boren

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Oral Argument
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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 Seniority

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

Full Opinion by Justice William J. Brennan, Jr.