94
O'Connor, J., dissenting
redeem an otherwise unconstitutionally discriminatory law." Kirchberg, 450 U. S., at 461 (quoting Trimble v. Gordon, 430 U. S. 762, 774 (1977)).
Finally, while the recitation of statistics concerning military personnel and overseas travel, ante, at 65-66, highlights the opportunities for United States citizens to interact with citizens of foreign countries, it bears little on the question whether § 1409(a)(4)'s discriminatory means are a permissible governmental response to those circumstances. Indeed, the majority's discussion may itself simply reflect the stereotype of male irresponsibility that is no more a basis for the validity of the classification than are stereotypes about the "traditional" behavior patterns of women.
It is, of course, true that the failure to recognize relevant differences is out of line with the command of equal protection. See ante, at 73. But so too do we undermine the promise of equal protection when we try to make our differences carry weight they simply cannot bear. This promise informs the proper application of heightened scrutiny to sex-based classifications and demands our scrupulous adherence to that test.
III
The Court identifies two "additional obstacles" that petitioners would face even were the Court to accept the conclusion that the statute fails heightened scrutiny. Ante, at 71. The first question concerns " 'potential problems with fashioning a remedy.' " Ante, at 72 (quoting Miller, 523 U. S., at 451 (O'Connor, J., concurring in judgment) (citing id., at 452-459 (Scalia, J., concurring in judgment))). The second question concerns "the implications of statements in our earlier cases regarding the wide deference afforded to Congress in the exercise of its immigration and naturalization power." Ante, at 72-73. I believe that petitioners are able to surmount both of these hurdles.
As to the matter of remedy, severance of § 1409(a)(4) would have been appropriate had petitioners prevailed. Several
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