craig
boren
argued
october
decided
december
appellant
craig
male
years
old
appellant
whitener
licensed
vendor
beer
brought
action
declaratory
injunctive
relief
claiming
oklahoma
statutory
scheme
prohibiting
sale
nonintoxicating
beer
males
age
females
age
constituted
discrimination
denied
males
years
age
equal
protection
laws
recognizing
reed
reed
later
cases
establish
classification
gender
must
substantially
important
governmental
objectives
district
held
appellees
statistical
evidence
regarding
young
males
arrests
traffic
injuries
demonstrated
discrimination
substantially
related
achievement
traffic
safety
oklahoma
roads
held
since
declaratory
injunctive
relief
enforcement
differential
sought
controversy
mooted
craig
became
noted
probable
jurisdiction
see
defunis
odegaard
whitener
standing
make
equal
protection
challenge
pp
prudential
objective
thought
served
limitations
jus
tertii
standing
furthered
lower
already
entertained
constitutional
challenge
parties
sought
resolution
constitutional
issue
pp
whitener
event
independently
established
standing
suffers
injury
fact
since
challenged
statutory
provisions
addressed
vendors
like
either
must
obey
statutory
provisions
incur
economic
injury
disobey
statute
suffer
sanctions
circumstances
vendors
may
resist
efforts
restrict
operations
advocating
rights
third
parties
seeking
access
market
see
eisenstadt
baird
pp
oklahoma
differential
constitutes
invidious
discrimination
males
years
age
violation
equal
protection
clause
appellees
statistics
relevant
show
females
males
age
group
arrested
driving
influence
liquor
warrant
conclusion
sex
represents
accurate
proxy
regulation
drinking
driving
pp
operation
amendment
alter
application
equal
protection
standards
otherwise
govern
case
never
recognized
application
amendment
defeat
otherwise
established
claim
equal
protection
clause
principles
rendered
inapplicable
reliance
upon
statistically
measured
generalities
concerning
drinking
tendencies
aggregate
groups
pp
brennan
delivered
opinion
white
marshall
powell
stevens
joined
part
blackmun
joined
powell
post
stevens
post
filed
concurring
opinions
blackmun
filed
statement
concurring
part
post
stewart
filed
opinion
concurring
judgment
post
burger
post
rehnquist
post
filed
dissenting
opinions
frederick
gilbert
argued
cause
filed
briefs
appellants
james
gray
assistant
attorney
general
oklahoma
argued
cause
appellees
brief
larry
derryberry
attorney
general
ruth
bader
ginsburg
melvin
wulf
filed
brief
american
civil
liberties
union
amicus
curiae
urging
reversal
justice
brennan
delivered
opinion
interaction
two
sections
oklahoma
statute
okla
tit
supp
prohibits
sale
nonintoxicating
beer
males
age
females
age
question
decided
whether
differential
constitutes
denial
males
years
age
equal
protection
laws
violation
fourteenth
amendment
action
brought
district
western
district
oklahoma
december
appellant
craig
male
years
age
appellant
whitener
licensed
vendor
beer
complaint
sought
declaratory
injunctive
relief
enforcement
differential
ground
constituted
invidious
discrimination
males
years
age
convened
sustained
constitutionality
statutory
differential
dismissed
action
supp
noted
probable
jurisdiction
appellants
appeal
reverse
first
address
preliminary
question
standing
appellant
craig
attained
age
noted
probable
jurisdiction
therefore
since
declaratory
injunctive
relief
enforcement
differential
sought
controversy
rendered
moot
craig
see
defunis
odegaard
question
thus
arises
whether
appellant
whitener
licensed
vendor
beer
live
controversy
enforcement
statute
may
rely
upon
equal
protection
objections
males
years
age
establish
claim
unconstitutionality
differential
conclude
may
initially
noted
despite
opportunity
appellees
never
raised
district
objection
whitener
reliance
upon
claimed
unequal
treatment
males
premise
equal
protection
challenge
oklahoma
beer
law
see
indeed
oral
argument
oklahoma
acknowledged
appellees
always
presumed
vendor
subject
sanctions
loss
license
violation
statute
proper
party
interest
object
enforcement
regulatory
provision
tr
oral
arg
concession
certainly
controlling
upon
reach
constitutional
authority
exercise
jurisdiction
art
iii
see
sierra
club
morton
cf
data
processing
service
camp
decisions
settled
limitations
litigant
assertion
jus
tertii
constitutionally
mandated
rather
stem
salutary
rule
designed
minimize
unwarranted
intervention
controversies
applicable
constitutional
questions
speculative
see
barrows
jackson
see
also
singleton
wulff
powell
dissenting
prudential
objectives
thought
enhanced
restrictions
standing
furthered
lower
already
entertained
relevant
constitutional
challenge
parties
sought
least
never
resisted
authoritative
constitutional
determination
circumstances
decision
us
forgo
consideration
constitutional
merits
order
await
initiation
new
challenge
statute
injured
third
parties
impermissibly
foster
repetitive
litigation
guise
caution
prudence
moreover
insofar
applicable
constitutional
questions
continue
presented
vigorously
cogently
holden
hardy
denial
jus
tertii
standing
deference
direct
class
suit
serve
functional
purpose
brother
blackmun
comment
pertinent
may
class
assembled
whose
fluid
membership
always
included
males
live
claims
assertion
right
representative
extent
anyway
seems
little
loss
terms
effective
advocacy
allowing
assertion
present
jus
tertii
champion
singleton
wulff
supra
event
conclude
appellant
whitener
established
independently
claim
assert
jus
tertii
standing
operation
plainly
inflicted
injury
fact
upon
appellant
sufficient
guarantee
concrete
adverseness
baker
carr
satisfy
constitutionally
based
standing
requirements
imposed
art
iii
legal
duties
created
statutory
sections
challenge
addressed
directly
vendors
appellant
obliged
either
heed
statutory
discrimination
thereby
incurring
direct
economic
injury
constriction
buyers
market
disobey
statutory
command
suffer
words
oklahoma
assistant
attorney
general
sanctions
perhaps
loss
license
tr
oral
arg
repeatedly
recognized
injuries
establish
threshold
requirements
case
controversy
mandated
art
iii
see
singleton
wulff
supra
doctors
receive
payments
abortion
services
classically
adverse
government
payer
sullivan
little
hunting
park
barrows
jackson
supra
vendor
standing
challenge
lawfulness
appellant
whitener
entitled
assert
concomitant
rights
third
parties
diluted
adversely
affected
constitutional
challenge
fail
statutes
remain
force
griswold
connecticut
see
note
standing
assert
constitutional
jus
tertii
harv
rev
otherwise
threatened
imposition
governmental
sanctions
might
deter
appellant
whitener
similarly
situated
vendors
selling
beer
young
males
thereby
ensuring
enforcement
challenged
restriction
vendor
result
indirectly
violation
third
parties
rights
warth
seldin
accordingly
vendors
like
positions
uniformly
permitted
resist
efforts
restricting
operations
acting
advocates
rights
third
parties
seek
access
market
function
see
eisenstadt
baird
sullivan
little
hunting
park
supra
barrows
jackson
supra
indeed
jus
tertii
question
raised
answered
disposition
like
argument
eisenstadt
baird
supra
state
statute
imposed
legal
duties
disabilities
upon
claimant
convicted
distributing
package
contraceptive
foam
third
party
since
statute
directed
baird
penalized
conduct
hesitate
conclude
case
controversy
requirement
art
iii
satisfied
considering
baird
constitutional
objections
fully
recognized
standing
defend
privacy
interests
third
parties
deemed
crucial
decision
permit
jus
tertii
standing
recognition
impact
litigation
interests
defeat
baird
suit
nforcement
massachusetts
statute
materially
impair
ability
single
persons
obtain
contraceptives
failure
whitener
prevail
suit
continued
enforcement
materially
impair
ability
males
years
age
purchase
beer
despite
classification
overt
criterion
similarly
massachusetts
law
eisenstadt
prohibit
ed
use
distribution
consequently
least
awkward
challenger
one
baird
position
subject
proscription
law
challenged
explicitly
regulates
sale
rather
use
beer
thus
leaving
vendor
obvious
claimant
therefore
hold
whitener
standing
raise
relevant
equal
protection
challenges
oklahoma
law
consider
arguments
ii
oklahoma
defined
commencement
civil
majority
age
females
age
males
okla
tit
supp
contrast
females
held
criminally
responsible
adults
age
males
age
okla
tit
supp
appeals
tenth
circuit
held
authority
reed
reed
age
distinction
unconstitutional
purposes
establishing
criminal
responsibility
adults
lamb
brown
oklahoma
legislature
fixed
age
applicable
males
females
okla
tit
supp
also
established
age
majority
males
females
civil
matters
okla
tit
supp
except
beer
statute
simultaneously
codified
create
exception
rule
analysis
may
appropriately
begin
reminder
reed
emphasized
statutory
classifications
distinguish
males
females
subject
scrutiny
equal
protection
clause
withstand
constitutional
challenge
previous
cases
establish
classifications
gender
must
serve
important
governmental
objectives
must
substantially
related
achievement
objectives
thus
reed
objectives
reducing
workload
probate
courts
avoiding
intrafamily
controversy
deemed
insufficient
importance
sustain
use
overt
gender
criterion
appointment
administrators
intestate
decedents
estates
decisions
following
reed
similarly
rejected
administrative
ease
convenience
sufficiently
important
objectives
justify
classifications
see
stanley
illinois
frontiero
richardson
cf
schlesinger
ballard
two
terms
ago
stanton
stanton
expressly
stating
reed
reed
controlling
held
reed
required
invalidation
utah
differential
statute
notwithstanding
statute
coincidence
furtherance
state
purpose
fostering
old
notions
role
typing
preparing
boys
expected
performance
economic
political
worlds
reed
reed
also
provided
underpinning
decisions
invalidated
statutes
employing
gender
inaccurate
proxy
germane
bases
classification
hence
archaic
overbroad
generalizations
schlesinger
ballard
supra
concerning
financial
position
servicewomen
frontiero
richardson
supra
working
women
weinberger
wiesenfeld
justify
use
gender
line
determining
eligibility
certain
governmental
entitlements
similarly
increasingly
outdated
misconceptions
concerning
role
females
home
rather
marketplace
world
ideas
rejected
characterizations
incapable
supporting
state
statutory
schemes
premised
upon
accuracy
stanton
stanton
supra
taylor
louisiana
light
weak
congruence
gender
characteristic
trait
gender
purported
represent
necessary
legislatures
choose
either
realign
substantive
laws
fashion
adopt
procedures
identifying
instances
generalization
actually
comported
fact
see
stanley
illinois
cf
cleveland
board
education
lafleur
case
reed
feel
controlling
stanton
stanton
supra
turn
question
whether
reed
difference
males
females
respect
purchase
beer
warrants
differential
age
drawn
oklahoma
statute
conclude
district
recognized
reed
reed
controlling
applying
teachings
case
found
requisite
important
governmental
objective
goal
proffered
oklahoma
attorney
general
concluded
statistics
introduced
appellees
established
distinction
substantially
related
achievement
goal
accept
purposes
discussion
district
identification
objective
underlying
enhancement
traffic
safety
clearly
protection
public
health
safety
represents
important
function
state
local
governments
however
appellees
statistics
view
support
conclusion
distinction
closely
serves
achieve
objective
therefore
distinction
reed
withstand
equal
protection
challenge
appellees
introduced
variety
statistical
surveys
first
analysis
arrest
statistics
demonstrated
male
arrests
driving
influence
drunkenness
substantially
exceeded
female
arrests
age
period
similarly
youths
aged
found
overrepresented
among
killed
injured
traffic
accidents
males
numerically
exceeding
females
regard
third
random
roadside
survey
oklahoma
city
revealed
young
males
inclined
drive
drink
beer
female
counterparts
fourth
federal
bureau
investigation
nationwide
statistics
exhibited
notable
increase
arrests
driving
influence
finally
statistical
evidence
gathered
jurisdictions
particularly
minnesota
michigan
offered
corroborate
oklahoma
experience
indicating
pervasiveness
youthful
participation
motor
vehicle
accidents
following
imbibing
alcohol
conceding
case
free
doubt
district
nonetheless
concluded
statistical
showing
substantiated
rational
basis
legislative
judgment
underlying
challenged
classification
even
statistical
evidence
accepted
accurate
nevertheless
offers
weak
answer
equal
protection
question
presented
focused
relevant
statistical
surveys
arrests
driving
offenses
exemplifies
ultimate
unpersuasiveness
evidentiary
record
viewed
terms
correlation
sex
actual
activity
oklahoma
seeks
regulate
driving
influence
alcohol
statistics
broadly
establish
females
males
age
group
arrested
offense
disparity
trivial
statistical
sense
hardly
form
basis
employment
gender
line
classifying
device
certainly
maleness
serve
proxy
drinking
driving
correlation
must
considered
unduly
tenuous
fit
indeed
prior
cases
consistently
rejected
use
sex
decisionmaking
factor
even
though
statutes
question
certainly
rested
far
predictive
empirical
relationships
moreover
statistics
exhibit
variety
shortcomings
seriously
impugn
value
equal
protection
analysis
setting
aside
obvious
methodological
problems
surveys
adequately
justify
salient
features
oklahoma
law
none
purports
measure
use
dangerousness
beer
opposed
alcohol
generally
detail
particular
importance
since
light
low
alcohol
lever
oklahoma
apparently
considers
beverage
nonintoxicating
okla
tit
see
state
ex
rel
springer
bliss
moreover
many
studies
graphically
documenting
unfortunate
increase
driving
influence
alcohol
make
effort
relate
findings
differential
involved
indeed
survey
explicitly
centered
attention
upon
young
drivers
use
beer
albeit
apparently
diluted
variety
reached
results
hardly
viewed
impressive
justifying
either
gender
age
classification
reason
belabor
line
analysis
unrealistic
expect
either
members
judiciary
state
officials
well
versed
rigors
experimental
statistical
technique
merely
illustrates
proving
broad
sociological
propositions
statistics
dubious
business
one
inevitably
tension
normative
philosophy
underlies
equal
protection
clause
suffice
say
showing
offered
appellees
satisfy
us
sex
represents
legitimate
accurate
proxy
regulation
drinking
driving
fact
recognized
oklahoma
statute
prohibits
selling
beer
young
males
drinking
beverage
acquired
even
purchase
female
companions
relationship
gender
traffic
safety
becomes
far
tenuous
satisfy
reed
requirement
difference
substantially
related
achievement
statutory
objective
hold
therefore
reed
oklahoma
beer
statute
invidiously
discriminates
males
years
age
appellees
argue
however
enforce
state
policies
concerning
sale
distribution
alcohol
force
amendment
therefore
held
withstand
equal
protection
challenge
district
response
contention
unclear
assumed
amendment
strengthened
state
police
powers
respect
alcohol
regulation
said
standards
review
equal
protection
clause
mandates
relaxed
view
hold
amendment
save
invidious
discrimination
invalidation
denial
equal
protection
laws
violation
fourteenth
amendment
history
state
regulation
alcoholic
beverages
dates
long
adoption
eighteenth
amendment
license
cases
recognized
broad
authority
state
governments
regulate
trade
alcoholic
beverages
within
borders
free
implied
restrictions
commerce
clause
later
century
however
leisy
hardin
undercut
theoretical
underpinnings
license
cases
led
congress
acting
pursuant
powers
commerce
clause
reinvigorate
state
regulatory
role
passage
wilson
acts
see
clark
distilling
western
maryland
upholding
act
rahrer
upholding
wilson
act
passage
eighteenth
amendment
uneasy
tension
commerce
clause
state
police
power
temporarily
subsided
amendment
repealed
eighteenth
amendment
wording
amendment
closely
follows
wilson
acts
expressing
framers
clear
intention
constitutionalizing
commerce
clause
framework
established
statutes
decisions
since
confirmed
amendment
primarily
created
exception
normal
operation
commerce
clause
see
hostetter
idlewild
bon
voyage
liquor
carter
virginia
frankfurter
concurring
finch
mckittrick
even
however
amendment
pro
tanto
repeal
commerce
clause
merely
requires
provision
considered
light
context
issues
interests
stake
concrete
case
hostetter
idlewild
bon
voyage
liquor
supra
cf
department
revenue
james
beam
distilling
collins
yosemite
park
curry
passing
beyond
consideration
commerce
clause
relevance
amendment
constitutional
provisions
becomes
increasingly
doubtful
one
commentator
remarked
neither
text
history
amendment
suggests
qualifies
individual
rights
protected
bill
rights
fourteenth
amendment
sale
use
liquor
concerned
brest
processes
constitutional
cases
materials
departures
historical
view
limited
sporadic
two
successfully
relied
upon
amendment
respond
challenges
major
liquor
importers
state
authority
regulate
importation
manufacture
alcoholic
beverages
commerce
clause
fourteenth
amendment
grounds
see
mahoney
joseph
triner
state
board
young
market
fact
however
arguments
cases
centered
upon
importation
intoxicants
regulatory
area
state
authority
amendment
transparently
clear
hostetter
idlewild
bon
voyage
liquor
supra
touched
upon
purely
economic
matters
traditionally
merit
mildest
review
fourteenth
amendment
see
joseph
seagram
sons
hostetter
rejecting
fourteenth
amendment
objections
state
liquor
laws
strength
ferguson
skrupa
williamson
lee
optical
cases
involving
individual
rights
protected
due
process
clause
treated
sharp
contrast
example
individual
objected
mandatory
posting
name
retail
liquor
establishments
characterization
excessive
drink
er
amendment
held
qualify
scope
due
process
rights
wisconsin
constantineau
true
california
larue
relied
upon
amendment
strengthen
state
authority
regulate
live
entertainment
establishments
licensed
dispense
liquor
least
performance
partake
gross
sexuality
communication
nevertheless
never
recognized
sufficient
strength
amendment
defeat
otherwise
established
claim
invidious
discrimination
violation
equal
protection
clause
rather
moose
lodge
irvis
establishes
state
liquor
regulatory
schemes
work
invidious
discriminations
violate
equal
protection
clause
following
approach
federal
state
courts
uniformly
declared
unconstitutionality
gender
lines
restrain
activities
customers
liquor
establishments
irrespective
operation
amendment
see
white
fleming
women
liberation
union
israel
daugherty
daley
supp
nd
seidenberg
mcsorleys
old
ale
house
supp
sdny
commonwealth
alcoholic
beverage
control
bd
burke
cf
inn
kirby
cal
paterson
tavern
hawthorne
even
state
officials
posited
sociological
empirical
justifications
differentiations
courts
struck
discriminations
aimed
entire
class
guise
alcohol
regulation
fact
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housing
though
today
decision
go
far
make
classifications
suspect
makes
gender
disfavored
classification
without
independent
constitutional
basis
supporting
right
asserted
disfavoring
classification
adopted
justify
substantive
constitutional
protection
normal
mcgowan
maryland
supra
protection
afforded
equal
protection
clause
means
employed
oklahoma
legislature
achieve
objectives
sought
may
agreeable
judges
since
eight
members
think
means
irrational
see
basis
striking
statute
violative
constitution
simply
find
unwise
unneeded
possibly
even
bit
foolish
justice
rehnquist
affirm
judgment
district
justice
rehnquist
dissenting
disposition
case
objectionable
two
grounds
first
conclusion
men
challenging
statute
treats
less
favorably
women
may
invoke
stringent
standard
judicial
review
pertains
types
classifications
second
enunciation
standard
without
citation
source
classifications
gender
must
serve
important
governmental
objectives
must
substantially
related
achievement
objectives
ante
emphasis
added
redeeming
feature
opinion
mind
apparently
signals
retreat
joined
plurality
opinion
frontiero
richardson
view
sex
suspect
classification
purposes
equal
protection
analysis
think
oklahoma
statute
challenged
need
pass
rational
basis
equal
protection
analysis
expounded
cases
mcgowan
maryland
williamson
lee
optical
believe
constitutional
analysis
frontiero
richardson
supra
opinion
plurality
sets
forth
reasons
four
justices
concluding
sex
regarded
suspect
classification
purposes
equal
protection
analysis
reasons
center
nation
long
unfortunate
history
sex
discrimination
reflected
whole
range
restrictions
legal
rights
women
least
concerned
ownership
property
participation
electoral
process
noting
pervasive
persistent
nature
discrimination
experienced
women
part
result
ready
identifiability
plurality
rested
invocation
strict
scrutiny
largely
upon
fact
statutory
distinctions
sexes
often
effect
invidiously
relegating
entire
class
females
inferior
legal
status
without
regard
actual
capabilities
individual
members
see
stanton
stanton
subsequent
frontiero
declined
hold
sex
suspect
class
stanton
stanton
supra
holding
imported
resolution
case
however
application
elevated
intermediate
level
scrutiny
like
invoked
cases
dealing
discrimination
females
raises
question
statute
treated
differently
countless
legislative
classifications
unrelated
sex
upheld
minimum
rationality
standard
jefferson
hackney
richardson
belcher
dandridge
williams
mcgowan
maryland
supra
flemming
nestor
williamson
lee
optical
supra
obviously
unavailable
support
kind
special
scrutiny
case
history
pattern
past
discrimination
relied
plurality
frontiero
support
invocation
strict
scrutiny
suggestion
opinion
males
age
group
way
peculiarly
disadvantaged
subject
systematic
discriminatory
treatment
otherwise
need
special
solicitude
courts
discuss
nature
right
involved
reason
believe
sees
purchase
beer
implicating
important
interest
let
alone
one
fundamental
constitutional
sense
invoking
strict
scrutiny
indeed
accurate
observation
statute
affects
selling
drinking
beer
ante
emphasizes
limited
effect
even
persons
age
group
involved
sum
nothing
statutory
classification
involved
suggest
affects
interest
works
group
claim
equal
protection
clause
entitled
special
judicial
protection
true
number
opinions
contain
broadly
phrased
dicta
implying
test
applied
classifications
based
sex
whether
affecting
females
males
frontiero
richardson
supra
reed
reed
however
today
decision
applied
elevated
level
scrutiny
invalidate
statutory
discrimination
harmful
males
except
statute
impaired
important
personal
interest
protected
constitution
interest
plausible
argument
discrimination
females
reliance
previous
cases
treats
gender
classification
talisman
without
regard
rights
involved
persons
affected
calls
effect
heavier
burden
judicial
review
conclusion
law
treats
males
less
favorably
females
must
serve
important
governmental
objectives
must
substantially
related
achievement
objectives
apparently
comes
thin
air
equal
protection
clause
contains
language
none
previous
cases
adopt
standard
think
enough
difficulty
two
standards
review
cases
recognized
norm
rational
basis
compelling
state
interest
required
suspect
classification
involved
counsel
weightily
insertion
still
another
standard
two
divine
objectives
important
determine
whether
particular
law
substantially
related
achievement
objective
rather
related
way
achievement
phrases
used
diaphanous
elastic
invite
subjective
judicial
preferences
prejudices
relating
particular
types
legislation
masquerading
judgments
whether
legislation
directed
important
objectives
whether
relationship
objectives
substantial
enough
thought
leave
anything
decision
popularly
elected
branches
government
constitutional
claim
equal
protection
invoked
decision
governmental
objectives
achieved
law
important
second
part
new
test
judicial
branch
probably
worse
position
legislative
executive
branches
determine
rational
relationship
classification
purpose
might
thought
serve
introduction
adverb
substantially
requires
courts
make
subjective
judgments
operational
effects
neither
expertise
access
data
fits
even
manage
avoid
confusion
mirroring
preferences
development
new
doctrine
thousands
judges
courts
must
interpret
equal
protection
clause
may
fortunate
ii
applicable
test
one
permits
wide
scope
discretion
enacting
laws
affect
groups
citizens
differently
others
constitutional
safeguard
offended
classification
rests
grounds
wholly
irrelevant
achievement
state
objective
state
legislatures
presumed
acted
within
constitutional
power
despite
fact
practice
laws
result
inequality
statutory
discrimination
set
aside
state
facts
reasonably
may
conceived
justify
mcgowan
maryland
citations
omitted
accept
purposes
discussion
district
finding
purpose
provisions
question
traffic
safety
proceeds
examine
statistical
evidence
record
order
decide
distinction
closely
serves
achieve
objective
ante
emphasis
added
whether
difference
laws
closely
serv
objectives
substantially
related
achievement
ante
told
believe
traditional
type
scrutiny
appropriate
case
think
done
well
heed
warning
unrealistic
expect
members
judiciary
well
versed
rigors
experimental
statistical
technique
ante
one
need
immerse
oneself
fine
points
statistical
analysis
however
order
see
weaknesses
attempted
denigration
evidence
hand
one
survey
arrest
statistics
assembled
indicated
males
age
group
arrested
driving
influence
almost
times
often
female
counterparts
drunkenness
ratio
almost
accepting
appellants
comparison
total
figures
oklahoma
census
data
survey
indicates
arrest
rate
among
males
age
group
compared
rate
among
females
surveys
indicated
period
nationwide
arrests
among
drunken
driving
increased
persons
arrested
drunken
driving
male
youths
age
group
overrepresented
among
killed
injured
oklahoma
traffic
accidents
male
casualties
substantially
exceeded
female
deaths
age
group
continued
rise
overall
traffic
deaths
declined
drivers
oklahoma
city
area
males
average
drives
half
many
miles
per
year
female
counterparts
male
drivers
oklahoma
city
area
state
drink
preference
beer
female
drivers
age
state
preference
percentage
male
drivers
admitting
drinking
within
two
hours
driving
half
larger
percentage
females
percentage
male
drivers
age
group
blood
alcohol
content
greater
almost
half
larger
female
drivers
criticism
statistics
relied
district
conveys
impression
legislature
enacting
new
law
subjected
judicial
equivalent
doctoral
examination
statistics
legislatures
held
rules
evidence
may
govern
courts
administrative
bodies
entitled
draw
factual
conclusions
basis
determination
probable
cause
arrest
police
officer
normally
represents
situation
reasonably
infer
incidence
drunk
driving
good
deal
higher
incidence
arrest
observes
relying
report
presidential
commission
cites
statistics
may
distorted
result
stereotyping
legislature
required
prove
statistics
perfect
event
stereotypes
pervasive
suggests
may
turn
influence
conduct
men
women
question
cause
young
men
conform
wild
reckless
image
stereotype
also
complains
insufficient
integration
various
surveys
several
counts
injury
death
figures
way
directly
correlated
intoxication
ante
national
figures
drunk
driving
contain
breakdown
group
ante
arrest
records
intoxication
tied
consumption
beer
ante
nn
state
oklahoma
certainly
purposes
equal
protection
review
surely
take
notice
fact
drunkenness
significant
cause
traffic
casualties
youthful
offenders
participated
increase
problem
latter
point
survey
data
indicating
increased
driving
casualties
among
overall
casualties
dropped
irrelevant
unreasonable
conclude
expressed
preference
beer
males
beverage
predominant
source
arrests
taking
predicate
state
reasonably
bar
males
purchases
alcoholic
beer
including
variety
lacks
expertise
data
evaluate
intoxicating
properties
beverage
posture
appropriate
course
defer
reasonable
inference
supporting
statute
taken
sufficient
quantity
beer
effect
alcoholic
beverage
quite
apart
alleged
methodological
deficiencies
statistical
evidence
appears
hold
evidence
face
fails
support
distinction
drawn
statute
notes
males
females
age
group
arrested
drunk
driving
low
figure
establishes
unduly
tenuous
fit
maleness
drunk
driving
group
point
misconceives
nature
equal
protection
inquiry
rationality
statutory
classification
equal
protection
purposes
depend
upon
statistical
fit
class
trait
sought
singled
turns
whether
may
sufficiently
higher
incidence
trait
within
included
class
excluded
class
justify
different
treatment
therefore
present
equal
protection
challenge
discrimination
poses
question
whether
incidence
drunk
driving
among
young
men
sufficiently
greater
among
young
women
justify
differential
treatment
notwithstanding
critique
statistical
evidence
evidence
suggests
clear
differences
drinking
driving
habits
young
men
women
differences
grounds
enough
state
reasonably
conclude
young
males
pose
far
greater
hazard
terms
sheer
numbers
terms
hazard
basis
difference
treatment
case
therefore
irrational
argument
correlation
maleness
drunk
driving
constitutionally
insufficient
therefore
pose
equal
protection
issue
concerning
discrimination
males
females
clearest
demonstration
fact
precise
argument
made
equally
applicable
flat
bar
purchases
anyone
male
female
age
group
fact
apply
fortiori
case
given
even
tenuous
fit
arrests
femaleness
statistics
indicate
age
group
population
whole
arrested
argument
relevant
equal
protection
due
process
whether
enough
persons
category
drive
drunk
justify
bar
purchases
members
group
cast
terms
argument
carries
little
weight
light
decisions
indicating
questions
call
balance
state
interest
harm
resulting
overinclusiveness
underinclusiveness
vlandis
kline
personal
interest
harmed
minor
present
legislation
implicates
right
purchase
beer
certainly
far
cry
important
personal
interests
occasion
supported
invalidation
statutes
similar
reasoning
cleveland
board
education
lafleur
stanley
illinois
state
interest
involved
significant
prevention
injury
death
highways
case
classification
justified
grounds
administrative
convenience
vlandis
kline
supra
stanley
illinois
supra
apparent
way
single
persons
likely
drink
drive
seems
plain
legislature
faced
atypical
legislative
problem
legislating
terms
broad
categories
regard
purchase
consumption
alcohol
trust
especially
light
amendment
due
process
violation
one
age
group
allowed
purchase
beer
since
males
drink
drive
higher
rate
age
group
whole
fail
see
statutory
bar
regard
create
due
process
problem
oklahoma
legislature
believed
males
drive
substantially
tend
often
intoxicated
female
counterparts
prefer
beer
admit
drinking
driving
higher
rate
females
suffer
traffic
injuries
proportion
part
make
population
appropriate
test
equal
protection
neither
irrational
arbitrary
bar
making
purchases
beer
purchases
might
many
cases
made
young
man
immediately
returns
vehicle
beverage
possession
record
give
good
indication
true
proportion
males
age
group
drink
drive
except
doubt
greater
arrested
whatever
may
see
mere
purchase
right
involved
conceivably
raise
due
process
question
violation
either
equal
protection
due
process
statute
accordingly
upheld
stanley
illinois
struck
statute
allowing
separation
illegitimate
children
surviving
father
surviving
mother
without
showing
parental
unfitness
stated
interest
parent
companionship
care
custody
management
children
come
momentum
respect
lacking
appeal
made
liberties
derive
merely
shifting
economic
arrangements
kahn
shevin
upheld
florida
property
tax
exemption
widows
opinion
appears
apply
test
understood
dissenters
brennan
joined
marshall
dissenting
weinberger
wiesenfeld
invalidated
social
security
act
allowed
benefits
mothers
fathers
minor
children
survive
wage
earner
statute
treated
opinion
discrimination
female
wage
earners
ground
minimizes
financial
security
work
efforts
provide
families
unaware
argument
time
time
advanced
discriminations
sexes
ultimately
redound
detriment
females
tend
reinforce
old
notions
restricting
roles
opportunities
women
general
proposition
applying
equally
sex
categorizations
believe
argument
implicitly
found
carry
little
weight
decisions
upholding
differences
see
schlesinger
ballard
kahn
shevin
supra
seeing
assertion
special
applicability
situation
hand
believe
dismissed
insubstantial
consideration
extract
oklahoma
bureau
investigation
arrest
statistics
september
october
november
december
defendants
exhibit
jurisdictional
statement
extract
oklahoma
city
police
department
arrest
statistics
defendants
exhibit
jurisdictional
statement
see
ante
extract
federal
bureau
investigation
crime
defendants
exhibit
app
extract
oklahoma
department
public
safety
summary
statewide
collisions
defendants
exhibits
jurisdictional
statement
extract
oklahoma
management
engineering
consulting
report
alcohol
safety
action
program
defendants
exhibit
table
jurisdictional
statement
table
table
table
see
ante