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Gender Discrimination

Gender Discrimination. U. S. v. Virginia (1996) Changes the Prevailing Doctrine. What the case is about. Precedents and VMI. VMI. Craig ?. J.E.B. Hogan. Traditional Intermediate Scrutiny. “Exceedingly Persuasive Justification”. The Doctrinal Heart of VMI: EPJ.

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Gender Discrimination

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  1. Gender Discrimination U. S. v. Virginia (1996) Changes the Prevailing Doctrine

  2. What the case is about . . .

  3. Precedents and VMI VMI Craig ? J.E.B. Hogan Traditional Intermediate Scrutiny “Exceedingly Persuasive Justification”

  4. The Doctrinal Heart of VMI: EPJ • EPJ is at beginning of Court’s analysis, in its conclusion sentences, and appears 9 times • Cf.: traditional intermediate scrutiny language: Craig not cited; language appears only twice.

  5. Elements of EPJ • Reason for discriminating must be exceedingly persuasive. • Reason must be the actual reason, not made up after the fact or in litigation. • Burden of proof is on the government. • Means must be substantially related to achieving the reason.

  6. Application of EPJ doctrine to VMI • VA ‘s goal of diversity: post hoc; not the reason VMI was established as a single-sex school. • VA’s goal of keeping the adversative method: Ct. just rejects the conclusion that presence of women would end the adversative method. • Fact-finder found otherwise!

  7. No opportunity for women to experience rigorous military training. VWIL is not military No “feeling of tremendous accomplishment” Courses, faculty, and facilities are not comparable to VMI Post-graduation opportunities not comparable VWIL (Remedy) Is Inadequate Alternative for Women

  8. What does this mean for single-sex education? • Some say single-sex schools for true diversity of educational opportunity in a state will be constitutional. • Some say it is the end for single-sex schools (higher education).

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