Craig v. Boren - Intermediate Scrutiny Case

In Craig v. Boren, the U.S. Supreme Court established a new standard of judicial review, intermediate scrutiny, for laws with gender-based classifications. The 1976 decision involved an Oklahoma law that prohibited the sale of beer with 3.2% (non-intoxicating) alcohol content to males under age 21 while permitting the sale of such low-alcohol beer to females over the age of 18. Craig v. Boren ruled that the gender classification violated the Equal Protection Clause of the Constitution. Curtis Craig was the plaintiff, a resident of Oklahoma who was over the age of 18 but under 21 at the time the suit was filed. David Boren was the defendant, who was governor of Oklahoma at the time the case was filed. Craig sued Boren in a federal district court, alleging that the law violated the Equal Protection Clause. The district court had upheld the state statute, finding evidence that such gender-based discrimination was justified because of gender-based differences in arrests and traffic injuries caused by males and females ages 18 to 20. Thus, the court held that there was justification on the basis of safety for discrimination. Fast Facts: Craig v. Boren Case Argued: Oct. 5, 1976Decision Issued: Dec. 20, 1976Petitioner: Curtis Craig, a male who was over 18 but under 21, and Carolyn Whitener, an Oklahoma alcohol vendorRespondent: David Boren, Governor of OklahomaKey Questions: Did an Oklahoma statute violate the 14th Amendments Equal Protection Clause by establishing different drinking ages for men and women?Majority Decision: Brennan, Stewart, White, Marshall, Blackmun, Powell, StevensDissenting: Burger, RehnquistRuling: The Supreme Court ruled that the statute violated the 14th Amendment by making unconstitutional gender classifications. Intermediate Scrutiny: a  New Standard The case is significant to feminism because of the intermediate scrutiny standard. Prior to Craig v. Boren, there had been much debate about whether sex-based classifications or gender classifications, were subject to strict scrutiny or mere rational basis review. If gender became subject to strict scrutinies, like race-based classifications, then laws with gender classifications would have to be narrowly tailored to achieve a compelling government interest. But the Supreme Court was reluctant to add gender as another suspect class, along with race and national origin. Laws that did not involve a suspect classification were subject only to rational basis review, which asks whether the law is rationally related to a legitimate government interest.​ Three Tiers Are a Crowd? After several cases in which the Court seemed to apply a higher scrutiny than rational basis without really calling it heightened scrutiny, Craig v. Boren finally made clear that there was a third tier. Intermediate scrutiny falls between strict scrutiny and rational basis. Intermediate scrutiny is used for sex discrimination or gender classifications. Intermediate scrutiny asks whether the laws gender classification is substantially related to an important governmental objective.Justice William Brennan authored the opinion in Craig v. Boren, with Justices White, Marshall, Powell and Stevens concurring, and Blackmun joining in most of the opinion.  They found that the state had not shown a substantial connection between the statute and the benefits alleged and that statistics were insufficient to establish that connection.  Thus, the state had not shown that gender discrimination substantially served a government purpose (in this case, safety).  Blackmuns concurring opinion arg ued that the higher, strict scrutiny, a standard was met. Chief Justice Warren Burger and Justice William Rehnquist wrote dissenting opinions, criticizing the Courts creation of an acknowledgment of a third tier, and arguing that the law could stand on the rational basis argument. They remained opposed to establishing the new standard of intermediate scrutiny.  Rehnquists dissent argued that a liquor vendor who had joined the suit (and the majority opinion accepted such standing) had no constitutional standing as his own constitutional rights were not threatened.Edited and with additions by   Jone Johnson Lewis

Origins of Madness in Humans Essay - 1251 Words

No person is inherently mad; humans have caused other humans to drown their own sanity which can then submerge that person into an ocean of madness. Historically, madness had become a common occurrence with women due to several stress factors they must endure on a daily basis: finding a husband, baring children, raising children, find a suitable job, retaining femininity, and more. Authors Charlotte Gilman and Jhumpa Lahiri explored the psyche of two women who were facing very stressful situations. Gilman’s The Yellow-Wallpaper, introduces her readers to an unnamed nineteenth century woman who is slowly falling into madness. The protagonist must endure the â€Å"rest cure† where she must live without artistic expression, human contact, or†¦show more content†¦Women of the 19th century were under constant restraint due to how men believed they should act in society. Women were not allowed to have jobs that men did not believe they were suitable for. However wom en were allowed to take up jobs such as being servants, house wives, farmers, tailors, or school teachers. Although these jobs were available to women it was up to the men to decide if a woman could partake in such careers; men were the alphas of any household and had complete control over women. Many women turned towards the arts to find purpose in their lives and to keep themselves occupied, but even then men would find ways to retrain their creativity. Female characters suffered the effects of isolation brought on by constant oppression driving them insane. The views of women in early literature were being ignored by the men and society. â€Å"If a woman happened to aspire for such features like independence, self- sufficiency and self-fulfillment, which were reserved only for nineteenth century men, this woman is considered selfish, unwomanly, and unchristian† (Muhi, p.3). Women of the 19th century who refused to abide by the social norms, what is called â€Å"the Cult o f True Woman,† would be labeled as being hysterical. 19th century feminist writers would usually portray their protagonist characters as females who are mentally unstable. These portrayals of mad women would be used to depict the struggles that woman of the Victorian timeShow MoreRelated Justice in William Shakespeares King Lear Essay1038 Words   |  5 PagesJustice in William Shakespeares King Lear The question of the origin of true, virtuous, and impartial justice has plagued mankind over the millennia and continues to do so today. In Shakespeare’s King Lear two potential forms of justice predominate: human examination through trial and divine supernatural recourse. Both systems emerge fundamentally flawed in practice, however, and by the end of the play a world of unjust chaos reigns supreme. 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Colorado School Of Public Health - 1193 Words

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Section Leader and Drum Major free essay sample

I am applying for both section leader and drum major because I have a lot to offer in both positions in the band. I am a great leader, with a lot of maturity and know when it’s time to be serious, and when it’s time to joke around. Every day, I grow more and more with this band and leading this band as drum major, or leading the saxophones as section leader, would be an amazing accomplishment for me and I know I can do the job well. First of all, I will be putting all of my heart into this job, I’ve been in band for seven years, and I have grown with this band for two years. I know the band can reach new heights if we work hard enough. With all the changes we are making next year, we are going to need strong leaders to aid the incoming freshman and to lead the entire band throughout the year. We will write a custom essay sample on Section Leader and Drum Major or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As drum major, conducting requires a certain kind of insight and an understanding of music, which is something that I have started to develop during my seven years of playing an instrument. Addition to my experience with music as a whole, I also have three years of marching band experience. Second, I am determined to succeed, and to improve myself and the band as a whole. It’s not good enough to be satisfactory, I want to exceed expectations. I believe in hard work, and never giving up; I believe in making a little improvement every day, because there’s ALWAYS room for improvement. We had an amazing year this year, getting two superiors, but we can’t just rest. We have to keep working, thrive to be the best we can be. I want to be that person to lead this band, and push them to be the best. Lastly, my philosophy on leadership is simple: lead by example, always help, and never quit. Quitting is out of the question for me. Using excuses instead of giving your best, giving up on something (or someone), or abandoning your responsibilities are things I absolutely do not believe in. Promoting excellence in others starts with promoting it in yourself. I have found from being in the marching band that each member wants respect. I intend to give respect first and in doing that I believe I will receive it from my piers allowing this whole experience to be a perfect one.