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Gender must be an accurate proxy for what is to be regulated.
The male/female difference with respect to 3.2% beer does not warrant the age differential.
Traffic safety is an important governmental objective.
Appellees' statistics cannot support the gender-based distinction
The only study focused on young drivers was bad.
It did not focus on 3.2% beer.
It did not have impressive results.
If maleness is a proxy for drinking and driving, 2% rate for males (compared to .18% for females) is a poor statistical fit.
Previous cases have rejected sex as decisionmaking factor with even stronger statistical evidence.
There are methodological problems with the studies.
No research was done to compare how used or dangerous 3.2% beer is compared to other alcohol.
No research shows that increases in drunk driving are due to men under 21.
Oklahoma law considers 3.2% beer to be "nonintoxicating"
The law only prohibits selling 3.2% to men under 21, not their drinking it.