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Constitutional Law Keyed to Shanor
Michael M. v. Superior Court of Sonoma County
Citation:
450 U.S. 464 (1981)Facts
On June 3, 1978, petitioner Michael M., a 17½-year-old male, and two friends approached 16½-year-old Sharon and her sister at a bus stop around midnight. Michael and Sharon, who had been drinking, moved away from the others and began kissing. After initially rebuffing Michael’s advances and being struck in the face, Sharon submitted to sexual intercourse with him. Michael was subsequently charged with statutory rape under California Penal Code §261.5, which made it a crime for a male to have sexual intercourse with a female under 18 years of age who was not his wife. Michael challenged the constitutionality of the statute, arguing that it discriminated on the basis of gender by punishing only males for engaging in sexual intercourse with minors. The California Supreme Court upheld the statute, finding that the gender classification was justified by the state’s interest in preventing teenage pregnancies, since females alone bear the risk of pregnancy and its consequences.
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