The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, October 5, 1976
Decision: Monday, December 20, 1976
Issues: Civil Rights, Sex Discrimination
Categories: equal protection, fourteenth amendment, justiciability, standing

Advocates

Frederick P. Gilbert (Argued the cause for the appellants)
James H. Gray (Argued the cause for the appellees)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 7 votes for Craig, 2 vote(s) against
Legal Provision: Equal Protection
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.

Cite this page

The Oyez Project, Craig v. Boren, 429 U.S. 190 (1976),
available at: <http://www.oyez.org/cases/1970-1979/1976/1976_75_628/>
(last visited ).