sentences:  Those cases concerned legislation which Congress had enacted in order to combat what it considered discrimination on the basis of age and disability.The Court stated that because such discrimination is not subjected to heightened scrutiny under the Constitution, and because the laws invalidated in "Kimel" and "Garrett" prohibited almost all such discrimination, the previous cases struck down laws which bore little "congruence and proportionality" to the wrongs they sought to remedy.Gender-based discrimination, by contrast, is subjected to intermediate scrutiny under the Constitution, and so in enacting the FMLA "it was easier for Congress to show a pattern of state constitutional violations."