[dirtboy]

Fine. Argue that this distinction is okay under the EPC. Your argument is simply contrary to the weight of the law.

I am discussing the playing field, not the law itself. Like I said, I don't think the law rises to the middle-tier standard, but only nine opinions matter now since the matter is before SCOTUS. But you cannot argue that the EPC is an automatic nullifier of gender-based legal discriminations - that is a falsehood.

[lugsoul]

I didn't say it was automatic - Lord knows nothing is automatic with this schizophrenic Court. But in other cases of legal prohibition of sex-related matters - statutory rape, for example - equal protection arguments will usually carry the day. And unless you get into playing percentages, on AIDS for example, I don't think you're going to see a compelling argument justifying the distinction in this case. And the law is not based on percentages.