Craig v. Boren

Week 12 — Sex Discrimination — Intermediate Scrutiny

Facts

Oklahoma had different alcohol laws for men and women — specifically setting different minimum-purchase ages for "non-intoxicating" 3.2% beer.
The state's stated purpose was promoting public safety on the roadways.

Whether a state law making sex-based distinctions in alcohol-purchase ages survives heightened Equal Protection review.

No. The classification was unconstitutional.

The Court announced what is now the intermediate scrutiny test for sex classifications:
- (1) Serve an important governmental objective; and
- (2) Be substantially related to the achievement of those objectives.
Promoting public safety was an important government objective (Prong 1).
However, the sex-based classification was not substantially related to achieving that objective (Prong 2): it was unnecessary and not a valid fit for the goal.

Craig v. Boren is the birth of intermediate scrutiny.
Standard for sex-based classifications under EPC: must be substantially related to an important government purpose.
The government bears the burden of proving the substantial relation.