Craig v. Boren

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

429 U.S. 190

Oct. 5, 1976

Dec. 20, 1976

Legal Issue

Did Oklahoma’s law establishing different drinking ages for men and women violate the Equal Protection Clause of the Fourteenth Amendment?

Holding

Yes, the distinction violated the Equal Protection Clause of the Fourteenth Amendment.

Plaintiffs of the landmark Supreme Court case Craig v. Boren together to celebrate its 40th anniversary at Oklahoma State University | Credit: Aubrie Bowlan/O'Colly

Background

In Oklahoma, a statute was enacted prohibiting the sale of “nonintoxicating” 3.2% beer to males under the age of 21 and to females under the age of 18. In response, Mark Walker, a 20 year old freshman at Oklahoma State University, and Carolyn Whitener, the owner of a convenience store and a licensed vendor in the state, brought a lawsuit against the statute in federal court. While the case proceeded through the court, Walker turned 21, so 18 year old Curtis Craig, also a student at Oklahoma State, joined the case as the third co-plaintiff.

The district court dismissed the initial complaint, finding that the law was a reasonable exercise of the state’s power under the 21st Amendment. The decision was appealed and heard by a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, who unanimously upheld the district court’s ruling. After this setback, future Justice Ruth Bader Ginsburg reached out to the plaintiffs’ lawyer on behalf of the ACLU to offer to file an amicus curiae in their favor. The lawyer accepted, and the case was granted certiorari by the U.S. Supreme Court.

7 - 2 decision for Craig

Craig

Boren

Brennan

Stewart

Marshall

Burger

Powell

Rehnquist

Stevens

Blackmun

White

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