Cite as: 533 U. S. 53 (2001)
O'Connor, J., dissenting
nial of opportunity out of pure caprice. Such a distinction, of course, would nonetheless be a classic equal protection violation. The burden of proving that use of a sex-based classification substantially relates to the achievement of an important governmental interest remains unmistakably and entirely with the classification's defender. See, e. g., Virginia, 518 U. S., at 532-533.
C
The Court has also failed even to acknowledge the "volumes of history" to which "[t]oday's skeptical scrutiny of official action denying rights or opportunities based on sex responds." Id., at 531. The history of sex discrimination in laws governing the transmission of citizenship and with respect to parental responsibilities for children born out of wedlock counsels at least some circumspection in discerning legislative purposes in this context. See generally Miller, supra, at 460-468 (Ginsburg, J., dissenting).
Section 1409 was first enacted as § 205 of the Nationality Act of 1940, 54 Stat. 1139-1140. The 1940 Act had been proposed by the President, forwarding a report by a specially convened Committee of Advisors, including the Attorney General. The Committee explained to Congress the rationale for § 205, whose sex-based classification remains in effect today:
"[T]he Department of State has, at least since 1912, uniformly held that an illegitimate child born abroad of an American mother acquires at birth the nationality of the mother, in the absence of legitimation or adjudication establishing the paternity of the child. This ruling is based . . . on the ground that the mother in such case stands in the place of the father. . . . [U]nder American law the mother has a right to custody and control of such a child as against the putative father, and is bound to maintain it as its natural guardian. This rule seems to be in accord with the old Roman law and
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