While it is undoubtedly true that the Legislature “can take into account … physical differences when classifying crimes relating to physical violence,” section 298(5) does not do this. Instead, this provision makes any assault committed by a man upon a woman an aggravated assault regardless of the physical differences between the attacker and the victim, providing no additional protections to a man assaulted by a physically stronger woman, or a woman assaulted by a physically stronger woman….

[I]f the Legislature’s objective was to take into account “physical differences when classifying crimes relating to physical violence,” this purpose would have been better served by enacting a statute that actually takes into account physical differences in classifying violent crimes. And when governmental objectives are as well-served by a sex-neutral law that does not “carr[y] with it the baggage of sexual stereotypes,” the government “cannot be permitted to classify on the basis of sex.” …