VMI (Virginia Military Institute) and the Old/New Face of Sex Discrimination

• NCJ Number: 166300
• Journal: Federal Lawyer Volume: 43 Issue: 9 Dated: (October 1996) Pages: 22-28
• Author(s): S Rieger
• Date Published: 1996
• Length: 7 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article reviews and critiques the various court decisions that ruled on the right of the Virginia Military Institute (VMI) to continue to exclude women from its program.

Abstract

The VMI case, which was brought by the Federal Government, charged that the State of Virginia violated the Equal Protection clause of the 14th Amendment of the U.S. Constitution by operating a public college that discriminated against women. The trial court held that VMI did not violate the Equal Protection clause; the judge ruled that Virginia had a strong interest in providing education of the kind VMI provided, and the admission of women to VMI would so radically change the nature of that education that it would cease to have the same character. On appeal, the Fourth Circuit Court overruled the trial court, finding that the State could not provide an opportunity to men that it did not also provide to women. It sent the case back to the trial court with instructions for the State to take remedial action. Among the possible solutions suggested by the Fourth Circuit Court was the creation of a "separate but equal" school for women. The State selected this alternative, and it was approved by both the trial and appellate courts. The Federal Government appealed this action to the U.S. Supreme Court. The Supreme Court agreed with the Federal Government in holding that only the admission of women to VMI on equal terms with men was a constitutional solution to the constitutional violation. The author of this article supports the Supreme Court's decision in opposition to the alternative approved by the lower courts. Her objection to the bifurcated solution is its perpetuation of the stereotypes about men and women regarding gender-based educational content and environment. Women who wish the kind of education, environment, and benefits offered at VMI should be considered for admission under the same criteria as men without regard to the biological, psychological, or sociological stereotypes of women that have been perpetuated by American society. 45 footnotes