Cite as: 533 U. S. 53 (2001)
O'Connor, J., dissenting
thus finds support not in biological differences but instead in a stereotype—i. e., "the generalization that mothers are significantly more likely than fathers . . . to develop caring relationships with their children." Miller, supra, at 482- 483 (Breyer, J., dissenting). Such a claim relies on "the very stereotype the law condemns," J. E. B., 511 U. S., at 138 (internal quotation marks omitted), "lends credibility" to the generalization, Mississippi Univ. for Women, 458 U. S., at 730, and helps to convert that "assumption" into "a self-fulfilling prophecy," ibid. See also J. E. B., supra, at 140 ("When state actors exercise peremptory challenges in reliance on gender stereotypes, they ratify and reinforce prejudicial views of the relative abilities of men and women"). Indeed, contrary to this stereotype, Boulais has reared Nguyen, while Nguyen apparently has lacked a relationship with his mother.
The majority apparently tries to avoid reliance on this stereotype by characterizing the governmental interest as a "demonstrated opportunity" for a relationship and attempting to close the gap between opportunity and reality with a dubious claim about what is "almost axiomatic." But the fact that one route is wisely forgone does not mean that the other is plausibly taken. The inescapable conclusion instead is that § 1409(a)(4) lacks an exceedingly persuasive justification.
In denying petitioner's claim that § 1409(a)(4) rests on stereotypes, the majority articulates a misshapen notion of "stereotype" and its significance in our equal protection jurisprudence. The majority asserts that a "stereotype" is "defined as a frame of mind resulting from irrational or uncritical analysis." Ante, at 68. This Court has long recognized, however, that an impermissible stereotype may enjoy empirical support and thus be in a sense "rational." See, e. g., J. E. B., supra, at 139, n. 11 ("We have made abundantly clear in past cases that gender classifications that rest on impermissible stereotypes violate the Equal Protection
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