Craig v. Boren

Craig v. Boren, 429 U.S. 190 (1976), was a landmark decision of the US Supreme Court ruling that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause.

[1] The case was argued by future Supreme Court justice Ruth Bader Ginsburg while she was working for the American Civil Liberties Union.

[4] Both Curtis Craig and Carolyn Whitener were friends of a man named Mark Walker who was one of the first people to challenge the law.

[4] The nominal defendant was David Boren, who was sued ex officio by virtue of his serving as Governor of Oklahoma at the time of the lawsuit.

[10] The Court acknowledged that "vendors and those in like positions have been uniformly permitted to resist efforts at restricting their operation by acting as advocates of the rights of third parties who seek access to their market or function."

Although Baird was not a vendor of contraceptives the Court explains that standing in that case was because of "the impact of the litigation on the third-party interests" and enforcement of the statute would "materially impair the ability of single persons to obtain contraceptives" and enforcement in this case would impair the ability of males 18-20 years of age to purchase 3.2% beer.

This case was part of Ruth Bader Ginsburg 's work with the ACLU Women's Rights Project. [ 2 ]