Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory

Exercise 5

Oklahoma statutes set the age for drinking 3.2 beer at 21 for men and 18 for women. The asserted purpose behind the statutes (and the sex-based classification that they established) was traffic safety. The statutes were challenged as a denial of equal protection by male residents of Oklahoma. What level of scrutiny would this measure receive if women had been denied the right to drink 3.2 beer until they were 21 but men had been allowed to consume it at age 18? Should this standard change because the measure discriminates against men? Is the male challenge to the statute likely to be successful?