Craig v. Boren
Encyclopedia
Craig v. Boren, , was the first case in which a majority of the United States Supreme Court determined that statutory or administrative sex classifications had to be subjected to an intermediate standard of judicial review. (For more on different Equal Protection
review standards, see the appropriate section in the article on the Equal Protection Clause.)
passed a statute
prohibiting the sale of "nonintoxicating
" 3.2 % beer
to males under the age of 21 but allowed females over the age of 18 to purchase it. The statute was challenged as Fourteenth Amendment Equal Protection violation by Curtis Craig, a male who was over 18 but under 21, and by an Oklahoma vendor of alcohol
.
William J. Brennan delivered the opinion of the Court, in which he was joined by Justices White
, Marshall
, Powell and Stevens
(Justice Blackmun joined all but one part of the opinion; Blackmun, Powell, Stevens, and Stewart wrote concurrences). The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it. Furthermore, the Court found that analysis of the Equal Protection Clause in this case had not been changed by the subsequently passed Twenty-first Amendment.
The court instituted a standard, dubbed "intermediate scrutiny
", whereby the state must prove the existence of specific important governmental objectives, and the law must be substantially related to the achievement of those objectives.
As to third party rights, the court, expanding on the doctrine of standing, held that the vendors of 3.2% beer will be economically affected due to the restrictive nature of the sales to males between 18 and 20. To have standing, one must show a "nexus" of the injury to themselves and the constitutional violation of the statute. In this case, the statute only directly affects plaintiff Craig. Only indirectly does it affect the vendor, Whitener, the third party. The Supreme Court explains that Whitener and other vendors have standing "by acting as advocates of the rights of third parties who seek access to their market or function".
Justice Blackmun wrote a concurring opinion, agreeing that a higher standard of scrutiny was appropriate.
Burger
and Justice Rehnquist
dissented. Rehnquist dissented because he felt that the law only needed to pass the “rational basis” analysis. (Previous cases in this area, such as Stanton v. Stanton
, had used only the "rational basis" test). Burger dissented because "a litigant may only assert his own constitutional rights or immunities." He felt that the indirect economic injury to Whitener and other vendors introduced "a new concept of constitutional standing to which I cannot subscribe."
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
review standards, see the appropriate section in the article on the Equal Protection Clause.)
Facts
OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
passed a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
prohibiting the sale of "nonintoxicating
Low-alcohol beer
Low-alcohol beer is beer with very low or no alcohol content...
" 3.2 % beer
Beer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...
to males under the age of 21 but allowed females over the age of 18 to purchase it. The statute was challenged as Fourteenth Amendment Equal Protection violation by Curtis Craig, a male who was over 18 but under 21, and by an Oklahoma vendor of alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
.
Issue
The Supreme Court was called upon to determine whether a statute that denies the sale of beer to individuals of the same age based on their gender violates the Equal Protection Clause. Additionally, the Supreme Court examined for jus tertii (third party rights), in this case the vendor of the 3.2% beer.Result
JusticeAssociate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
William J. Brennan delivered the opinion of the Court, in which he was joined by Justices White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, Powell and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
(Justice Blackmun joined all but one part of the opinion; Blackmun, Powell, Stevens, and Stewart wrote concurrences). The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it. Furthermore, the Court found that analysis of the Equal Protection Clause in this case had not been changed by the subsequently passed Twenty-first Amendment.
The court instituted a standard, dubbed "intermediate scrutiny
Intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny ....
", whereby the state must prove the existence of specific important governmental objectives, and the law must be substantially related to the achievement of those objectives.
As to third party rights, the court, expanding on the doctrine of standing, held that the vendors of 3.2% beer will be economically affected due to the restrictive nature of the sales to males between 18 and 20. To have standing, one must show a "nexus" of the injury to themselves and the constitutional violation of the statute. In this case, the statute only directly affects plaintiff Craig. Only indirectly does it affect the vendor, Whitener, the third party. The Supreme Court explains that Whitener and other vendors have standing "by acting as advocates of the rights of third parties who seek access to their market or function".
Justice Blackmun wrote a concurring opinion, agreeing that a higher standard of scrutiny was appropriate.
Dissent
Chief JusticeChief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
and Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
dissented. Rehnquist dissented because he felt that the law only needed to pass the “rational basis” analysis. (Previous cases in this area, such as Stanton v. Stanton
Stanton v. Stanton
Stanton v. Stanton, is a United States Supreme Court case which struck down Utah's definitions of adulthood as a violation of equal protection: females reached adulthood at 18; males at 21.-Background:The case had started in Utah state court...
, had used only the "rational basis" test). Burger dissented because "a litigant may only assert his own constitutional rights or immunities." He felt that the indirect economic injury to Whitener and other vendors introduced "a new concept of constitutional standing to which I cannot subscribe."
See also
- Frontiero v. RichardsonFrontiero v. RichardsonFrontiero v. Richardson, , was an Equal Protection case in which the Supreme Court decided that benefits given by the United States military to the family of service members cannot be given out differently because of gender....
- Gender equalityGender equalityGender equality is the goal of the equality of the genders, stemming from a belief in the injustice of myriad forms of gender inequality.- Concept :...
- List of gender equality lawsuits
- List of United States Supreme Court cases, volume 429