West Virginia v. B. P. J. · ¶192
The majority wrongly dismisses the alleged overbreadth in this case because, in its view, the subclass at issue is not large enough to matter. “[T]he avoidance of gratuitous sex- based distinctions,” however, “is the hallmark of equal protection.” Nguyen, 533 U. S., at 82 (O’Connor, J., dissenting). Unjustified sex-based discrimination inflicts “injury . . . to personal dignity” regardless of the number of individuals affected. J. E. B., 511 U. S., at 153 (Kennedy, J., concurring in judgment). Allowing the State to classify groups of people based on a protected characteristic even though its interests are not substantially furthered by doing so is plainly inconsistent with the constitutional “‘command that the Government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class.’” Miller, 515 U. S., at 911 (some internal quotation…Read in context ›
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