Result
Justice William J. Brennan delivered the opinion of the Court, in which he was joined by Justices White, Marshall, Powell and Stevens (Justice Blackmun joined all but one part of the opinion; Blackmun, Powell, Stevens, and Stewart wrote concurrences). The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it. Furthermore, the Court found that analysis of the Equal Protection Clause in this case had not been changed by the subsequently passed Twenty-first Amendment.
The court instituted a standard, dubbed "intermediate scrutiny", whereby the state must prove the existence of specific important governmental objectives, and the law must be substantially related to the achievement of those objectives.
As to third party rights, the court, expanding on the doctrine of standing, held that the vendors of 3.2% beer will be economically affected due to the restrictive nature of the sales to males between 18 and 20. To have standing, one must show a "nexus" of the injury to themselves and the constitutional violation of the statute. In this case, the statute only directly affects plaintiff Craig. Only indirectly does it affect the vendor, Whitener, the third party. The Supreme Court explains that Whitener and other vendors have standing "by acting as advocates of the rights of third parties who seek access to their market or function".
Justice Blackmun wrote a concurring opinion, agreeing that a higher standard of scrutiny was appropriate.
Read more about this topic: Craig V. Boren
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