WALLER, Justice:
Todd William Wright was convicted of criminal domestic violence of a high and aggravated nature (CDVHAN) and sentenced to 10 years imprisonment, suspended upon service of 8 years, and 5 years probation. We affirm.
[312]*312.FACTS
Wright, 6" tall and weighing 216 lbs., beat and kicked his wife Wendy on the evening of February 16, 1999. Her injuries were so severe that two of her ribs were fractured and her spleen had to be removed. Wright was indicted for criminal domestic violence of a high and aggravated nature.1 The aggravating factors alleged in the indictment were “a difference in the sexes of the victim and the defendant” and/or that “the defendant did inflict serious bodily harm upon the victim by kicking her in the mid-section requiring her to seek medical attention.”
Wright objected to the judge’s charge on the aggravating circumstance of “a difference of the sexes,” contending it violated equal protection.2 The objection was overruled; Wright was found guilty as charged.
ISSUE
Does the aggravating circumstance of a “difference in the sexes” violate equal protection?
DISCUSSION
Wright contends the judge’s charge on the aggravating circumstance of a “difference in the sexes” violated his right to equal protection. We disagree.
The equal protection clause prevents only irrational and unjustified classifications, not all classifications. South [313]*313Carolina Public Svc. Authority v. C & S Nat’l Bank, 300 S.C. 142, 386 S.E.2d 775 (1989). For a gender-based classification to pass constitutional muster, it must serve an important governmental objective and be substantially related to the achievement of that objective. Craig v. Boren, 429 U.S. 190, 197, 97 S.Ct. 451, 50 L.Ed.2d 397 (1976); Griffin v. Warden, CCI, 277 S.C. 288, 286 S.E.2d 145, cert. denied, 459 U.S. 942, 103 S.Ct. 255, 74 L.Ed.2d 199 (1982). A law will be upheld where the gender classification realistically reflects the fact that the sexes are not similarly situated in certain circumstances. In the Interest of Joseph T, 312 S.C. 15, 430 S.E.2d 523 (1993). See also Michael M. v. Superior Court of Sonoma County, 450 U.S. 464, 469, 101 S.Ct. 1200, 67 L.Ed.2d 437 (1981) (holding that as long as the rule of nature that the sexes are not similarly situated in certain circumstances is realistically reflected in a gender classification, the statute will be upheld as constitutional). “The relevant inquiry ... is not whether the statute is drawn as precisely as it might have been, but whether the line chosen by the [legislature] is within constitutional limitations.” Id. at 473, 101 S.Ct. 1200.
In Michael M., supra, Justice Stewart wrote:
[In] [certain narrow] circumstances, a gender classification based on clear differences between the sexes in [sic] not invidious, and a legislative classification realistically based upon those differences is not unconstitutional.... When men and women are not in fact similarly situated in the area covered by the legislation in question, the Equal Protection Clause does not mean that the physiological differences between men and women must be disregarded. While those differences must never be permitted to become a pretext for invidious discrimination, no such discrimination is presented by this case. The Constitution surely does not require a State to pretend that demonstrable differences between men and women do not really exist.
450 U.S. at 478 and 481, 101 S.Ct. 1200 (Justice Stewart concurring).
In State v. Gurganus, 39 N.C.App. 395, 250 S.E.2d 668, 672-673 (1979), the North Carolina Supreme Court upheld a statute enhancing the punishment for males convicted of assault on a female, stating,
[314]*314We base our decision instead upon the demonstrable and observable fact that the average adult male is taller, heavier and possesses greater body strength than the average female. See Dothard v. Rawlinson, 433 U.S. 321, 97 S.Ct. 2720, 53 L.Ed.2d 786 (1977). We take judicial notice of these physiological facts, and think that the General Assembly was also entitled to take note of the differing physical sizes and strengths of the sexes. Having noted such facts, the General Assembly could reasonably conclude that assaults and batteries without deadly weapons by physically larger and stronger males are likely to cause greater physical injury and risk of death than similar assaults by females. Having so concluded, the General Assembly could choose to provide greater punishment for these offenses, which it found created greater danger to life and limb, without violating the Fourteenth Amendment. We recognize that classifications based upon average physical differences between the sexes could be invalid in certain situations involving equal employment opportunity, participation in sports and other areas. ... We believe that an analytical approach taking into account such average differences is an entirely valid approach, however, when distinguishing classes of direct physical violence. This is particularly true where, as here, the acts of violence classified are all criminal when engaged in by any person whatsoever and have no arguably productive end. See Hall v. McKenzie, 537 F.2d 1232 (4th Cir.1976). Certainly some individual females are larger, stronger and more violent than many males. The General Assembly is not, however, required by the Fourteenth Amendment to modify criminal statutes which have met the test of time in order to make specific provisions for any such individuals. The Constitution of the United States has not altered certain virtually immutable facts of nature, and the General Assembly of North Carolina is not required to undertake to alter those facts. [The North Carolina statute] establishes classifications by gender which serve important governmental objectives and are substantially related to achievement of those objectives. Therefore, we hold that the statute does not deny males equal protection of law in violation of the Fourteenth Amendment to the Constitution of the United States.
[315]*315See also Buchanan v. State, 480 S.W.2d 207, 209 (Tex.1972) (statute making assault or battery committed by adult male on an adult female an aggravated assault did not deny equal protection since “[i]t is a matter of common knowledge, and a proper subject for judicial notice, that women, as a general rule, are of smaller physical stature and strength than are men”). Accord Muller v. Oregon, 208 U.S. 412, 28 S.Ct.
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WALLER, Justice:
Todd William Wright was convicted of criminal domestic violence of a high and aggravated nature (CDVHAN) and sentenced to 10 years imprisonment, suspended upon service of 8 years, and 5 years probation. We affirm.
[312]*312.FACTS
Wright, 6" tall and weighing 216 lbs., beat and kicked his wife Wendy on the evening of February 16, 1999. Her injuries were so severe that two of her ribs were fractured and her spleen had to be removed. Wright was indicted for criminal domestic violence of a high and aggravated nature.1 The aggravating factors alleged in the indictment were “a difference in the sexes of the victim and the defendant” and/or that “the defendant did inflict serious bodily harm upon the victim by kicking her in the mid-section requiring her to seek medical attention.”
Wright objected to the judge’s charge on the aggravating circumstance of “a difference of the sexes,” contending it violated equal protection.2 The objection was overruled; Wright was found guilty as charged.
ISSUE
Does the aggravating circumstance of a “difference in the sexes” violate equal protection?
DISCUSSION
Wright contends the judge’s charge on the aggravating circumstance of a “difference in the sexes” violated his right to equal protection. We disagree.
The equal protection clause prevents only irrational and unjustified classifications, not all classifications. South [313]*313Carolina Public Svc. Authority v. C & S Nat’l Bank, 300 S.C. 142, 386 S.E.2d 775 (1989). For a gender-based classification to pass constitutional muster, it must serve an important governmental objective and be substantially related to the achievement of that objective. Craig v. Boren, 429 U.S. 190, 197, 97 S.Ct. 451, 50 L.Ed.2d 397 (1976); Griffin v. Warden, CCI, 277 S.C. 288, 286 S.E.2d 145, cert. denied, 459 U.S. 942, 103 S.Ct. 255, 74 L.Ed.2d 199 (1982). A law will be upheld where the gender classification realistically reflects the fact that the sexes are not similarly situated in certain circumstances. In the Interest of Joseph T, 312 S.C. 15, 430 S.E.2d 523 (1993). See also Michael M. v. Superior Court of Sonoma County, 450 U.S. 464, 469, 101 S.Ct. 1200, 67 L.Ed.2d 437 (1981) (holding that as long as the rule of nature that the sexes are not similarly situated in certain circumstances is realistically reflected in a gender classification, the statute will be upheld as constitutional). “The relevant inquiry ... is not whether the statute is drawn as precisely as it might have been, but whether the line chosen by the [legislature] is within constitutional limitations.” Id. at 473, 101 S.Ct. 1200.
In Michael M., supra, Justice Stewart wrote:
[In] [certain narrow] circumstances, a gender classification based on clear differences between the sexes in [sic] not invidious, and a legislative classification realistically based upon those differences is not unconstitutional.... When men and women are not in fact similarly situated in the area covered by the legislation in question, the Equal Protection Clause does not mean that the physiological differences between men and women must be disregarded. While those differences must never be permitted to become a pretext for invidious discrimination, no such discrimination is presented by this case. The Constitution surely does not require a State to pretend that demonstrable differences between men and women do not really exist.
450 U.S. at 478 and 481, 101 S.Ct. 1200 (Justice Stewart concurring).
In State v. Gurganus, 39 N.C.App. 395, 250 S.E.2d 668, 672-673 (1979), the North Carolina Supreme Court upheld a statute enhancing the punishment for males convicted of assault on a female, stating,
[314]*314We base our decision instead upon the demonstrable and observable fact that the average adult male is taller, heavier and possesses greater body strength than the average female. See Dothard v. Rawlinson, 433 U.S. 321, 97 S.Ct. 2720, 53 L.Ed.2d 786 (1977). We take judicial notice of these physiological facts, and think that the General Assembly was also entitled to take note of the differing physical sizes and strengths of the sexes. Having noted such facts, the General Assembly could reasonably conclude that assaults and batteries without deadly weapons by physically larger and stronger males are likely to cause greater physical injury and risk of death than similar assaults by females. Having so concluded, the General Assembly could choose to provide greater punishment for these offenses, which it found created greater danger to life and limb, without violating the Fourteenth Amendment. We recognize that classifications based upon average physical differences between the sexes could be invalid in certain situations involving equal employment opportunity, participation in sports and other areas. ... We believe that an analytical approach taking into account such average differences is an entirely valid approach, however, when distinguishing classes of direct physical violence. This is particularly true where, as here, the acts of violence classified are all criminal when engaged in by any person whatsoever and have no arguably productive end. See Hall v. McKenzie, 537 F.2d 1232 (4th Cir.1976). Certainly some individual females are larger, stronger and more violent than many males. The General Assembly is not, however, required by the Fourteenth Amendment to modify criminal statutes which have met the test of time in order to make specific provisions for any such individuals. The Constitution of the United States has not altered certain virtually immutable facts of nature, and the General Assembly of North Carolina is not required to undertake to alter those facts. [The North Carolina statute] establishes classifications by gender which serve important governmental objectives and are substantially related to achievement of those objectives. Therefore, we hold that the statute does not deny males equal protection of law in violation of the Fourteenth Amendment to the Constitution of the United States.
[315]*315See also Buchanan v. State, 480 S.W.2d 207, 209 (Tex.1972) (statute making assault or battery committed by adult male on an adult female an aggravated assault did not deny equal protection since “[i]t is a matter of common knowledge, and a proper subject for judicial notice, that women, as a general rule, are of smaller physical stature and strength than are men”). Accord Muller v. Oregon, 208 U.S. 412, 28 S.Ct. 324, 52 L.Ed. 551 (1908) (recognizing differences in body structure and physical strength of sexes); People v. Silva, 27 Cal.App.4th 1160, 33 Cal.Rptr.2d 181 (1994) (upholding against equal protection challenge criminal domestic abuse statute criminalizing willful injury upon person of opposite sex with whom assailant cohabits; noting obvious distinction that women are physically less able to defend themselves against their husbands than vice-versa).
We find that the “difference in gender” aggravator is legitimately based upon realistic physiological size and strength differences of men and women such that it does not violate equal protection. Accord Gurganus, supra. Cf Schlesinger v. Ballard, 419 U.S. 498, 508, 95 S.Ct. 572, 42 L.Ed.2d 610 (1975) (different treatment of men and women reflects, not archaic and overbroad generalizations, but, instead, the demonstrable fact that male and female line officers in the Navy are not similarly situated); Rostker v. Goldberg, 453 U.S. 57, 72-83, 101 S.Ct. 2646, 69 L.Ed.2d 478 (1981) (holding that draft registration applicable only to men was justified because women are excluded from combat). We therefore affirm Wright’s convictions.
AFFIRMED.
MOORE and BURNETT, JJ., concur.
TOAL, C.J., concurring in result only in a separate opinion in which PLEICONES, J., concurs.