Notable Items:

Burger: On the merits, we have only recently recognized that our duty is not "to create substantive constitutional rights in the name of guaranteeing equal protection of the laws." San Antonio School Dist. v. Rodriguez, 411 U. S. 1, 411 U. S. 33 (1973). Thus, even interests of such importance in our society as public education and housing do not qualify as "fundamental rights" for equal protection purposes, because they have no textually independent constitutional status. See id. at 411 U. S. 29-39 (education); Lindsey v. Normet, 405 U. S. 56 (1972) (housing). [Ninth Amendment]
Venue: Supreme Court of the United States
Opinion of the Court: Craig v. Boren (1976)

Issue(s) Before the Court:

whether such a gender-based differential constitutes a denial to males 18-20 years of age of the equal protection of the laws in violation of the Fourteenth Amendment. [prohibiting the sale of "nonintoxicating" 3.2% beer to males under the age of 21 and to females under the age of 18]

Petitioner's Claim(s):

Respondent's Claim(s):

Holding(s) and Disposition:

Disposition: Reversed

Material Facts:

Procedural History:


Brennan Majority Opinion (White, Marshall, Powell, Stevens, Blackmun)

Powell Concurrance (none)

Stevens Concurrance (none)

Blackmun Concurrance (none)

Stewart Concurrance (none)

Burger Dissent (none)

Rehnquist Dissent (none)

Full Recounting of Facts

Majority Full Argument