Life With Legalized Gender Stereotypes
Life Without Fair Courts Editorial Cartoon Series by Mikhaela Reid
Craig v. Boren, 429 U.S. 190 (1976).
Plaintiff: a licensed liquor store vendor
Defendant: Governor of Oklahoma
Issue: Can a state pass public safety laws that treat males and females differently?
Case Summary:
Oklahoma passed a law allowing women over 18 to buy beer, while men had to be 21 to make the same purchase. The state tried to justify its discriminatory law by citing statistics that showed males more likely than females to drink and drive and to get arrested for public drunkenness. The U.S. Supreme Court recognized the importance of public safety but found that the small statistical difference "hardly can form the basis for employment of a gender line as a classifying device." Indeed, the Court stated that "loose-fitting generalities concerning the drinking tendencies of aggregate groups" are not enough to deny equality under law based on gender. Although this case dealt specifically with gender classifications pertaining to purchasing alcohol, it contributed to the wide body of law finding that arbitrary restrictions based on gender stereotypes are illegal.
