Kimel v. Florida Bd. of Regents, 528 U.S. 62, 32 (2000)

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Cite as: 528 U. S. 62 (2000)

Opinion of the Court

priate legislation" under § 5 of the Fourteenth Amendment. Initially, the substantive requirements the ADEA imposes on state and local governments are disproportionate to any unconstitutional conduct that conceivably could be targeted by the Act. We have considered claims of unconstitutional age discrimination under the Equal Protection Clause three times. See Gregory v. Ashcroft, 501 U. S. 452 (1991); Vance v. Bradley, 440 U. S. 93 (1979); Massachusetts Bd. of Retirement v. Murgia, 427 U. S. 307 (1976) (per curiam). In all three cases, we held that the age classifications at issue did not violate the Equal Protection Clause. See Gregory, supra, at 473; Bradley, supra, at 102-103, n. 20, 108-112; Murgia, supra, at 317. Age classifications, unlike governmental conduct based on race or gender, cannot be characterized as "so seldom relevant to the achievement of any legitimate state interest that laws grounded in such considerations are deemed to reflect prejudice and antipathy." Cleburne v. Cleburne Living Center, Inc., 473 U. S. 432, 440 (1985). Older persons, again, unlike those who suffer discrimination on the basis of race or gender, have not been subjected to a " 'history of purposeful unequal treatment.' " Murgia, supra, at 313 (quoting San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 28 (1973)). Old age also does not define a discrete and insular minority because all persons, if they live out their normal life spans, will experience it. 427 U. S., at 313-314. Accordingly, as we recognized in Murgia, Bradley, and Gregory, age is not a suspect classification under the Equal Protection Clause. See, e. g., Gregory, supra, at 470; Bradley, supra, at 97; Murgia, supra, at 313-314.

States may discriminate on the basis of age without offending the Fourteenth Amendment if the age classification in question is rationally related to a legitimate state interest. The rationality commanded by the Equal Protection Clause does not require States to match age distinctions and the legitimate interests they serve with razorlike precision. As

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