A separate question - for the states that have an open container law - is having an open container legally equivalent to DUI/OUI? If you get pulled over for a broken tail light, and the cop sees a back seat passenger has an open beer, but the driver is tested and has a 0.00% BAC, are there states where he would get the full drunk driving treatment?
Looking at Mass law, the answer is no - it’s a $100-$500 fine, while the punishment for blowing a .08 is much worse.
IANAL, so perhaps this is nitpicking, but Goesaert was a case about not allowing women to bartend unless related to the owner, and the law was affirmed. But Craig was about a law that allowed women to buy beer that men could not, and it was overturned.
While both look like gender discrimination to me, they aren’t the same question. One was about employment; the other, about purchase of beverages.
I suppose you are saying that the premise of the Craig decision was that it was gender discrimination for no compelling state reason, as the court held. I can see that, but was that the first case that reached that kind of broad (!) conclusion? Or is the association with liquor in this case a factor?