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Kennedy, J., dissenting
birth, or related medical conditions. " La. Stat. Ann. § 23:1008(A)(2)(b) (West Supp. 1993) (repealed 1997). Properly administered, the scheme, despite its generous maximum, would not transform into a discriminatory "4-month maternity leave for female employees only." Ante, at 733, n. 6.
The Court next observes that 12 States "provided their employees no family leave, beyond an initial childbirth or adoption." Ante, at 733. Four of these States are those which, as discussed above, offered pregnancy disability leave only. See ante, at 733, n. 7 (citing 3 Colo. Code Regs. § 708-1, Rule 80.8 (2002); Iowa Code § 216.6(2) (2000); La. Stat. Ann. § 23:1008(A)(2) (West Supp. 1993) (repealed 1997); N. H. Stat. Ann. § 354-A:7(VI)(b) (Michie Supp. 2000)). Of the remaining eight States, five offered parenting leave to both men and women on an equal basis; a practice which no one contends suffers from a constitutional infirmity. See ante, at 733-734, n. 7 (citing Del. Code Ann., Tit. 29, § 5116 (1997); Ky. Rev. Stat. Ann. § 337.015 (Michie 2001); Mo. Rev. Stat. § 105.271 (2000); N. Y. Lab. Law § 201-c (West 2002); U. S. Dept. of Labor, Women's Bureau, State Maternity/ Family Leave Law, p. 12 (June 1993) (discussing the policy adopted by the Virginia Department of Personnel and Training)). The Court does not explain how the provision of social benefits either on a gender-neutral level (as with the parenting leave) or in a way permitted by this Court's case law (as with the pregnancy disability leave) offends the Constitution. Instead, the Court seems to suggest that a pattern of unconstitutional conduct may be inferred solely because a State, in providing its citizens with social benefits, does not make these benefits as generous or extensive as Congress would later deem appropriate.
The Court further chastises the States for having "provided no statutorily guaranteed right to family leave, offering instead only voluntary or discretionary leave programs." Ante, at 733-734; see also ante, at 734 ("[F]our States pro-
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