76
O'Connor, J., dissenting
179 (1980) (quoting Flemming v. Nestor, 363 U. S. 603, 612 (1960)).
Heightened scrutiny does not countenance justifications that "rely on overbroad generalizations about the different talents, capacities, or preferences of males and females." Virginia, supra, at 533. Rational basis review, by contrast, is much more tolerant of the use of broad generalizations about different classes of individuals, so long as the classification is not arbitrary or irrational. See, e. g., Kimel v. Florida Bd. of Regents, 528 U. S. 62, 84 (2000); Fritz, supra, at 177.
Moreover, overbroad sex-based generalizations are impermissible even when they enjoy empirical support. See, e. g., J. E. B., supra, at 139, n. 11; Craig v. Boren, 429 U. S. 190, 199 (1976); Wiesenfeld, supra, at 645. Under rational basis scrutiny, however, empirical support is not even necessary to sustain a classification. See, e. g., FCC v. Beach Communications, Inc., 508 U. S. 307, 315 (1993) ("[A] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data").
The different burdens imposed by these equal protection standards correspond to the different duties of a reviewing court in applying each standard. The court's task in applying heightened scrutiny to a sex-based classification is clear: "Focusing on the differential treatment or denial of opportunity for which relief is sought, the reviewing court must determine whether the proffered justification is 'exceedingly persuasive.' " Virginia, 518 U. S., at 532-533. In making this determination, the court must inquire into the actual purposes of the discrimination, for "a tenable justification must describe actual state purposes, not rationalizations for actions in fact differently grounded." Id., at 535-536; see also id., at 533; Wiesenfeld, supra, at 648; Califano v. Goldfarb, 430 U. S. 199, 212-217 (1977) (plurality opinion); id., at 219-221 (Stevens, J., concurring in judgment). The
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