Facts of the case

Michael M., a 17 and 1/2 year-old male, was found guilty of violating
California's "statutory rape" law. The law defined unlawful sexual intercourse
as "an act of sexual intercourse accomplished with a female not the wife of
the perpetrator, where the female is under the age of 18 years." The statute
thus made men alone criminally liable for such conduct. Michael M.
challenged the constitutionality of the law.

Question
Did California's statutory rape law unconstitutionally discriminate on the
basis of gender?

Conclusion
Sort:

by seniority

by ideology

54 DECISION

PLURALITY OPINION BY WILLIAM H. REHNQUIST

Stewart

Marshall

Brennan

White

Burger

Blackmun

Powell

Rehnquist
Stevens

No. In a plurality decision, the Court held that the law did not violate the
Equal Protection Clause of the Fourteenth Amendment, noting that "young
men and young women are not similarly situated with respect to the
problems and the risks of sexual intercourse." The Court found that the state
had a strong interest in preventing "illegitimate pregnancy." The Court noted
that "[i]t is hardly unreasonable for a legislature acting to protect minor
females to exclude them from punishment. Moreover, the risk of pregnancy
itself constitutes a substantial deterrence to young females. No similar
natural sanctions deter males."