This section contains the nature of the case and procedural background.

A 17 1/2-year-old boy had sexual intercourse with a girl 16 1/2 years old. Under California law, statutory rape can be committed only by men who have sex with females under 18 years old. Using a strict scrutiny standard of review, the California State Supreme Court upheld the law, assuring that the law advanced a compelling governmental interest in seeking to avoid exposing females to the substantial social and health risks associated with underage sex, such as: teenage pregnancy, abortion, and poverty incurred from single parenting. The Court asserted that males are not subjected to these problems. The U.S. Supreme Court affirmed to uphold the state legislation.

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