United States v. Virginia

518 U.S. 515 (1996)

Facts

The Virginia Military Institute (VMI) is the sole single-sex school, admitting men only, among Virginia's 15 public institutions of higher learning. From its establishment in 1839, VMI has remained financially supported by Virginia. Neither VMI's mission nor its implementing methodology is inherently unsuitable to women. Virginia describes the current absence of public single-sex higher education for women as 'an historical anomaly,' but the historical record indicates action more deliberate than anomalous. In 1990, prompted by a complaint filed by a female high school student seeking admission to VMI, the United States sued, alleging that the exclusively male admission policy violated Equal Protection. The District Court found in favor of VMI, but the Court of Appeals reversed. The Court of Appeals found that a remedial plan by Virginia satisfied Equal Protection. The plan was a parallel program for women: Virginia Women's Institute for Leadership (VWIL). The program would be located at a private liberal arts school for women and would be open, initially, to 25 to 30 students. Although VWIL would share VMI's mission--to produce 'citizen-soldiers'--the VWIL program would differ from VMI in academic offerings, methods of education, and financial resources. The VWIL program de-emphasizes military education and uses a cooperative method of education which reinforces self-esteem.