Grades 7-9
What Does It Mean to Have Equal Protection of the Laws?
Case Abstracts (for 14th Amendment/Situations Handout)
1. The case involving different drinking ages for males and females is Craig v.
Boren 429 U.S. 190 (1976). Oklahoma defended the law by arguing that statistics showed
males between the ages of 18-21 were more likely than females to drive while drunk. The
young man who brought the case claimed that the law discriminated unconstitutionally. The
U. S. Supreme Court used a new "intermediate level" of scrutiny called the
"substantial relationship" test in deciding this case. A divided Court ruled
against the state, on the ground that laws discriminating on the basis of gender must
serve "important governmental objectives" and be "substantially related
to" achieving these objectives. The Court found that the law violated the equal
protection clause because the sex discrimination in the law was not substantially related
to the laws objective -- traffic safety.
2. The case about the pregnant girl and the Honor Society is based on Cazares v.
Barber, 959 F2d 753 (CA 9, 1992). A student alleged that she was not selected for the
NHS because she was pregnant, unmarried, and not living with the babys father. The
Ninth Circuit upheld the district courts order barring the NHS induction ceremony
from taking place without the female student.
3. The example on sports programs for males and females is based on a number of cases
brought under Title IX, a federal statute enacted in 1972 to deny federal funding to
universities that discriminate based on sex in scholastic sports. Under court rulings, the
number of men and women athletes must mirror the ratio of men to women in the student
body. Universities opposed to this interpretation of the law have unsuccessfully argued
that the lack of gender parity in their sports programs simply reflects the
"fact" that males tend to be more sports-minded.
>>What Does It Mean to Have Equal Protection of the Laws?
>>Historical Perspective: What Was the Intent of
the Framers of the 14th Amendment?
>>Handout: 14th Amendment/Situations
>>Handout: Case Abstracts
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