United States v. Virginia

518 U.S. 515 · Supreme Court of the United States · 1996

Constitutional Law Assigned in 28 casebooks

Case brief summary

Rule

When the government treats men and women differently under the law, it must show an extremely strong and genuine reason for doing so, not just a reasonable sounding excuse made up after the fact.

Facts

Virginia Military Institute was a tough public college that only admitted men. The government sued, saying this broke equal treatment rules. Virginia responded by creating a smaller, less prestigious leadership program for women elsewhere.

Procedural history

A trial court sided with VMI. An appeals court disagreed and told Virginia to fix the problem. Virginia created a women's program, which lower courts accepted. The Supreme Court then reviewed the case.

Issue

Does excluding women from VMI's unique educational opportunity violate their right to equal treatment under the law, and if so, does creating a separate, different program for women fix that violation?

Holding

Excluding women from VMI violates their right to equal protection, and the separate women's program at Mary Baldwin does not fix the problem because it is not equal to VMI.

Reasoning

Virginia had no real justification for excluding women, since its teaching methods weren't actually unsuitable for them. The separate women's program lacked VMI's resources, prestige, and opportunities, so it wasn't an equal substitute.

Opinions

Majority (Ginsburg): Virginia failed to justify excluding women from VMI, and the separate women's program does not cure the constitutional violation because it is unequal.

Concurrences (Rehnquist): Agreed VMI's male only policy and the women's program both fail, but would have allowed a truly equal separate women's institution as a possible fix.

Dissent (Scalia): The Court wrongly abandoned established legal tests and traditions, and its reasoning will effectively end single sex public and private education nationwide.

Test yourself

Question 1 of 5

What educational method did VMI use that Virginia argued could not be extended to women without destroying the institution?

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What was VMI's mission and what teaching method did it use to accomplish it?
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