• Last updated on November 11, 2022

The Supreme Court held that an all-male, state-supported military academy must admit women.

Justice Ruth Bader GinsburgGinsburg, Ruth Bader;Virginia, United States v.[Virginia, United States v.] wrote the opinion for the 7-1 majority in the case requiring Virginia Military Institute, an all-male, state-supported military academy, to admit women. Ginsburg found that Virginia failed to show a persuasive reason for excluding women. She rejected Virginia’s proposed alternative, creating a women-only military academy, because the academy was unlikely to ever equal the quality of the existing institute. According to the Court, Virginia’s remedy could not offer comparable benefits sufficient to meet the equal protection clause requirements. Ginsburg rejected as plain error the notion that a substantive comparability inquiry should be used. Chief Justice William H. Rehnquist concurred. Justice Clarence Thomas did not participate and Justice Antonin Scalia dissented.Discrimination, sex;Virginia, United States v.[Virginia, United States v.]

Due process, procedural

Equal protection clause

Gender issues

Categories: History