Kimel v. Florida Bd. of Regents, 528 U.S. 62, 33 (2000)

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84

KIMEL v. FLORIDA BD. OF REGENTS

Opinion of the Court

we have explained, when conducting rational basis review "we will not overturn such [government action] unless the varying treatment of different groups or persons is so unrelated to the achievement of any combination of legitimate purposes that we can only conclude that the [government's] actions were irrational." Bradley, supra, at 97. In contrast, when a State discriminates on the basis of race or gender, we require a tighter fit between the discriminatory means and the legitimate ends they serve. See, e. g., Ada-rand Constructors, Inc. v. Peña, 515 U. S. 200, 227 (1995) ("[Racial] classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests"); Mississippi Univ. for Women v. Hogan, 458 U. S. 718, 724 (1982) (holding that gender classifications are constitutional only if they serve " 'important governmental objectives and . . . the discriminatory means employed' are 'substantially related to the achievement of those objectives' " (citation omitted)). Under the Fourteenth Amendment, a State may rely on age as a proxy for other qualities, abilities, or characteristics that are relevant to the State's legitimate interests. The Constitution does not preclude reliance on such generalizations. That age proves to be an inaccurate proxy in any individual case is irrelevant. "[W]here rationality is the test, a State 'does not violate the Equal Protection Clause merely because the classifications made by its laws are imperfect.' " Murgia, supra, at 316 (quoting Dandridge v. Williams, 397 U. S. 471, 485 (1970)). Finally, because an age classification is presumptively rational, the individual challenging its constitutionality bears the burden of proving that the "facts on which the classification is apparently based could not reasonably be conceived to be true by the governmental decisionmaker." Bradley, supra, at 111; see Gregory, supra, at 473.

Our decisions in Murgia, Bradley, and Gregory illustrate these principles. In all three cases, we held that the States' reliance on broad generalizations with respect to age did

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