472
Breyer, J., dissenting
Justice O'Connor has observed, and as a majority of the Court agrees, "[i]t is unlikely . . . that any gender classifications based on stereotypes can survive heightened scrutiny." Ante, at 452. These two gender-based distinctions lack the " 'exceedingly persuasive' " support that the Constitution requires. United States v. Virginia, 518 U. S. 515, 530 (1996). Consequently, the statute that imposes them violates the Fifth Amendment's "equal protection" guarantee. See Bolling v. Sharpe, 347 U. S. 497, 500 (1954).
I
The family whose rights are at issue here consists of Charlie Miller, an American citizen, Luz Peñero, a citizen of the Philippines, and their daughter, Lorelyn. Lorelyn was born out of wedlock in 1970 in the Philippines. The relevant citizenship statutes state that a child born out of wedlock shall be a "citize[n] of the United States at birth," § 1401, if the child is born to a father who "had the nationality of the United States at the time of the person's birth," if the "blood relationship between the person and the father is established by clear and convincing evidence," if the father had been physically present in the United States for five years, and:
"(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
"(4) while the person is under the age of 18 years— "(A) the person is legitimated under the law of the person's residence or domicile,
"(B) the father acknowledges paternity of the person in writing under oath, or
"(C) the paternity of the person is established by adjudication of a competent court." 8 U. S. C. §§ 1409(a) and 1401(g).
Charlie Miller did not meet the requirements set forth in subsections (3) and (4) above on time. And the question be-
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