context: . In addition, immutability is not an absolute prerequisite to heightened scrutiny. The Supreme Court has granted suspect class status to groups whose distinguishing characteristic is not immutable.
citation_a.signal: see also
citation_a.parenthetical: recognizing that because a child born out of wedlock may be "legitimated" by father, strictly speaking illegitimacy is not an immutable characteristic
citation_a.sentence: See, e.g., Nyquist v. Mauclet, 432 U.S. 1, 9 n. 11, 97 S.Ct. 2120, 53 L.Ed.2d 63 (1977) (rejecting immutability requirements in treating group of resident aliens as suspect class despite their ability to opt out of class voluntarily); see also Miller v. Albright, 523 U.S. 420, 431, 118 S.Ct. 1428, 140 L.Ed.2d 575 (1998) (recognizing that because a child born out of wedlock may be "legitimated” by father, strictly speaking illegitimacy is not an immutable characteristic); see also Mew Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976) (per curiam) (finding religious identification and alienage, despite being changeable, to constitute suspect classes).
citation_b.signal: see
citation_b.parenthetical: rejecting immutability requirements in treating group of resident aliens as suspect class despite their ability to opt out of class voluntarily
citation_b.sentence: See, e.g., Nyquist v. Mauclet, 432 U.S. 1, 9 n. 11, 97 S.Ct. 2120, 53 L.Ed.2d 63 (1977) (rejecting immutability requirements in treating group of resident aliens as suspect class despite their ability to opt out of class voluntarily); see also Miller v. Albright, 523 U.S. 420, 431, 118 S.Ct. 1428, 140 L.Ed.2d 575 (1998) (recognizing that because a child born out of wedlock may be "legitimated” by father, strictly speaking illegitimacy is not an immutable characteristic); see also Mew Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976) (per curiam) (finding religious identification and alienage, despite being changeable, to constitute suspect classes).