Michael M. v. Superior Court of Sonoma County
450 U.S. 464 (1981)
California law (Cal. Penal
Code Ann. §261.5) made it a crime to
sleep with a female under 18. It did not have a similar provision for
those who sleep with males under 18.
Michael (who was 17) slept
with Sharon (who was 16). He was arrested and charged with statutory rape
under §261.5.
Michael made a motion to
dismiss on the grounds that §261.5
was an unconstitutional violation of the Equal Protection Clause
of the 14th Amendment
because it made men alone criminally liable for statutory rape.
California argued that the
law was designed to deter teen pregnancy.
The Trial Court denied the
motion. Michael appealed.
The Appellate Court denied the
motion. Michael appealed.
The California Supreme Court
reversed and granted the motion. The prosecutor appealed.
The US Supreme Court reversed
and denied the motion.
The US Supreme Court found
that the proper standard of review for cases of gender discrimination is Intermediate Scrutiny.
Intermediate Scrutiny requires that there be an exceedingly
persuasive justification for the
classification.
In this case, the Court
found that §261.5 met intermediate
scrutiny because the goal of deterring teen pregnancy was
persuasive.
Basically, the Court
reasoned that a teen female knocked up by an adult male is liable to
have more problems and cost the State more money than an adult female
knocked up by a teen male would. So there was a compelling State
interest in maintaining the classification.
In a dissent it was argued
that the goal of reducing teen pregnancy was a compelling State interest,
but that §261.5 was not
substantially-related to the achievement of that goal.
In a dissent it was argued
that a rule that authorizes punishment of only one of two equally guilty
wrongdoers (when both lovers are under 18), violated the essence of the
constitutional requirement that the sovereign must govern impartially.