West Virginia v. B. P. J. · ¶74

Under this Court’s equal protection precedents, laws that classify by sex are subject to what is known as intermediate scrutiny: Sex-based classifications are permissible only when the classification is “substantially related” to achieving an “important” government objective. Id., at 510 (quotation marks omitted); see also United States v. Virginia, 518 U. S. 515, 532–533 (1996) (Ginsburg, J., for the Court); Mississippi Univ. for Women v. Hogan, 458 U. S. 718, 724–725 (1982) (O’Connor, J., for the Court).

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