concurring in the judgment.
I concur in the judgment of the Court though I do not join its opinion. I join Justice O’Connor’s opinion except insofar as it joins that of the Court. I join Part I of Justice Ginsburg’s dissenting opinion, but I do not dissent from the *282Court’s reversal of the District Court’s decision. I agree with Justice Ginsburg that, in implementing the Constitution’s equality instruction, government decisionmakers may properly distinguish between policies of inclusion and exclusion, 'post, at 301, for the former are more likely to prove consistent with the basic constitutional obligation that the law respect each individual equally, see U. S. Const., Amdt. 14.