Cite as: 541 U. S. 509 (2004)
Opinion of the Court
521 U. S. 507, 518 (1997). 4 The most recent affirmation of
the breadth of Congress' § 5 power came in Hibbs, in which
we considered whether a male state employee could recover
money damages against the State for its failure to comply
with the family-care leave provision of the Family and Medical Leave Act of 1993 (FMLA), 107 Stat. 6, 29 U. S. C. § 2601
et seq. We upheld the FMLA as a valid exercise of Congress' § 5 power to combat unconstitutional sex discrimina-
tion, even though there was no suggestion that the State's
leave policy was adopted or applied with a discriminatory
purpose that would render it unconstitutional under the rule
of PersonnelAdministratorof Mass. v. Feeney, 442 U. S. 256
4 In Boerne, we observed:
"Legislation which deters or remedies constitutional violations can fall
within the sweep of Congress' enforcement power even if in the process
it prohibits conduct which is not itself unconstitutional and intrudes into
'legislative spheres of autonomy previously reserved to the States.' Fitzpatrick v. Bitzer, 427 U. S. 445, 455 (1976). For example, the Court upheld
a suspension of literacy tests and similar voting requirements under Congress' parallel power to enforce the provisions of the Fifteenth Amendment, see U. S. Const., Amdt. 15, § 2, as a measure to combat racial discrimination in voting, South Carolina v. Katzenbach, 383 U. S. 301, 308
(1966), despite the facial constitutionality of the tests under Lassiter v.
Northampton County Bd. of Elections,360 U. S. 45 (1959). We have also
concluded that other measures protecting voting rights are within Congress' power to enforce the Fourteenth and Fifteenth Amendments, despite the burdens those measures placed on the States. South Carolina
v. Katzenbach, supra (upholding several provisions of the Voting Rights
Act of 1965); Katzenbach v. Morgan, [384 U. S. 641 (1966)] (upholding ban
on literacy tests that prohibited certain, people schooled in Puerto Rico
from voting); Oregon v. Mitchell, 400 U. S. 112 (1970) (upholding 5-year
nationwide ban on literacy tests and similar voting requirements for registering to vote); City of Rome v. United States, 446 U. S. 156, 161 (1980)
(upholding 7-year extension of the Voting Rights Act's requirement that
certain jurisdictions preclear any change to a "'standard, practice, or procedure with respect to voting"'); see also James Everard's Breweries v.
Day, 265 U. S. 545 (1924) (upholding ban on medical prescription of intoxicating malt liquors as appropriate to enforce Eighteenth Amendment ban
on manufacture, sale, or transportation of intoxicating liquors for beverage
purposes)." Id., at 518.