Which Supreme Court case established that gender-based classifications are subject to intermediate scrutiny in equal protection analysis?

• A. Roe v. Wade
• B. Brown v. Board of Education
• C. United States v. Virginia
• D. Craig v. Boren

Answer: (D)

The concept tested here is that gender-based classifications are reviewed under intermediate scrutiny in equal protection analysis. Craig v. Boren established this approach by holding that laws differentiating on the basis of sex must be substantially related to an important government objective. The Court struck down Oklahoma’s statute that treated men and women differently for beer purchases, finding the justification offered did not meet the required level of scrutiny. This case thus set the standard that is neither the lenient rational basis nor the strict scrutiny used for suspect classifications like race, but a heightened, middle-ground review for gender distinctions. United States v. Virginia later applied the same heightened scrutiny to gender-based classifications in education, reinforcing the concept, while Roe v. Wade and Brown v. Board deal with entirely different issues.