In the case of DOE et al. v. DELAWARE in 1980, a group of parents and students challenged Delaware's system for funding public schools, arguing that it violated the Equal Protection Clause of the Fourteenth Amendment by creating disparities between wealthy and poor school districts. The plaintiffs contended that wealthier districts were able to raise more money through property taxes, leading to better-funded schools with superior resources compared to poorer districts. However, the Supreme Court ruled against them stating that there was no fundamental right to education under the Constitution and therefore states had broad discretion in how they funded their schools. Furthermore, while acknowledging disparities existed due to local control over school financing based on property tax revenues; these differences did not constitute an unconstitutional violation as long as each child within a state had access to free public schooling.

The dissenting opinion in the case of DOE et al. v. DELAWARE argued that the majority's decision to uphold Delaware's statutory rape law, which set different ages of consent for males and females, was a violation of equal protection under the Fourteenth Amendment. The dissenters contended that this gender-based distinction did not serve any important governmental objectives and was based on outdated stereotypes about male and female sexuality. They also pointed out inconsistencies in how age-of-consent laws were applied across states, arguing that these disparities underscored their arbitrariness. Furthermore, they disagreed with the majority's assertion that such laws protected young girls from pregnancy; instead, they believed comprehensive sex education would be more effective at achieving this goal.