mississippi university women hogan argued march decided july held policy petitioner mississippi university women muw university inception limited enrollment women denying otherwise qualified males respondent right enroll credit school nursing violates equal protection clause fourteenth amendment pp party seeking uphold statute classifies individuals basis gender must carry burden showing exceedingly persuasive justification classification kirchberg feenstra personnel administrator mass feeney burden met showing least classification serves important governmental objectives discriminatory means employed substantially related achievement objectives wengler druggists mutual insurance test must applied free fixed notions concerning roles abilities males females pp admissions policy muw school nursing justified asserted ground compensates discrimination women therefore constitutes educational affirmative action state evoke compensatory purpose justify otherwise discriminatory classification members gender benefited classification actually suffer disadvantage related classification rather compensating discriminatory barriers faced women muw policy tends perpetuate stereotyped view nursing exclusively woman job moreover state shown classification substantially directly related proposed compensatory objective contrary muw policy permitting men attend classes auditors fatally undermines claim women least school nursing adversely affected presence men thus state fallen far short establishing exceedingly persuasive justification needed sustain classification pp exclusion men muw school nursing justified basis language title ix education amendments exempts general prohibition gender discrimination federally funded education programs admissions policies public institutions undergraduate higher education traditionally continually establishment policy admitting students one sex clear argued state congress enacted statute pursuant power granted fourteenth amendment enforce amendment thus placed limitation upon broad prohibitions equal protection clause rather congress apparently intended create exemption title ix requirements event congress power limited adopting measures enforce guarantees amendment grants congress power restrict abrogate dilute guarantees katzenbach morgan pp delivered opinion brennan white marshall stevens joined burger post blackmun post filed dissenting opinions powell filed dissenting opinion rehnquist joined post hunter gholson argued cause petitioners briefs bill allain attorney general mississippi ed davis noble assistant attorney general wilbur colom argued cause respondent brief wayne drinkwater zona fairbanks hostetler suellen terrill keiner phyllis segal marcia greenberger judith lichtman filed brief national women law center et al amici curiae urging affirmance justice delivered opinion case presents narrow issue whether state statute excludes males enrolling professional nursing school violates equal protection clause fourteenth amendment facts dispute mississippi legislature created mississippi industrial institute college education white girls state mississippi oldest college miss laws ch school known today mississippi university women muw inception limited enrollment women muw established school nursing initially offering associate degree three years later school instituted baccalaureate program nursing today also offers graduate program school nursing faculty administrative officers establishes criteria admission respondent joe hogan registered nurse hold baccalaureate degree nursing since worked nursing supervisor medical center columbus city muw located hogan applied admission muw school nursing baccalaureate program although otherwise qualified denied admission school nursing solely sex school officials informed audit courses interested enroll credit tr hogan filed action district northern district mississippi claiming admissions policy muw school nursing violated equal protection clause fourteenth amendment hogan sought injunctive declaratory relief well compensatory damages following hearing district denied preliminary injunctive relief app pet cert concluded maintenance muw school bears rational relationship state legitimate interest providing greatest practical range educational opportunities female student population furthermore stated admissions policy arbitrary providing schools consistent respected though means universally accepted educational theory education affords unique benefits students ibid stating case presented issue fact informed hogan enter summary judgment dismissing claim unless tendered factual issue hogan offered evidence district entered summary judgment favor state record appeals fifth circuit reversed holding admissions policy discriminates basis gender district improperly used rational relationship test judge constitutionality policy instead appeals stated proper test whether state carried heavier burden showing classification substantially related important governmental objective recognizing state significant interest providing educational opportunities citizens found state failed show providing unique educational opportunity females males bears substantial relationship interest holding policy excluding hogan sex denies equal protection laws vacated summary judgment entered hogan claim monetary damages remanded entry declaratory judgment conformity opinion appropriate proceedings rehearing state contended congress enacting title ix education amendments pub stat et expressly authorized muw continue admissions policy exempting public undergraduate institutions traditionally used admissions policies gender discrimination prohibition title ix provision state argued congress limited reach fourteenth amendment exercising power amendment appeals rejected argument holding fourteenth amendment grant congress power authorize maintain practices otherwise violative amendment granted certiorari affirm judgment appeals ii begin analysis aided several firmly established principles challenged policy expressly discriminates among applicants basis gender subject scrutiny equal protection clause fourteenth amendment reed reed statutory policy discriminates males rather females exempt scrutiny reduce standard review caban mohammed orr orr decisions also establish party seeking uphold statute classifies individuals basis gender must carry burden showing exceedingly persuasive justification classification kirchberg feenstra personnel administrator mass feeney burden met showing least classification serves important governmental objectives discriminatory means employed substantially related achievement objectives wengler druggists mutual ins although test determining validity classification straightforward must applied free fixed notions concerning roles abilities males females care must taken ascertaining whether statutory objective reflects archaic stereotypic notions thus statutory objective exclude protect members one gender presumed suffer inherent handicap innately inferior objective illegitimate see frontiero richardson plurality opinion state objective legitimate important next determine whether requisite direct substantial relationship objective means present purpose requiring close relationship assure validity classification determined reasoned analysis rather mechanical application traditional often inaccurate assumptions proper roles men women need requirement amply revealed reference broad range statutes already invalidated statutes relied upon simplistic outdated assumption gender used proxy germane bases classification craig boren establish link objective classification applying framework analyze arguments advanced state justify refusal allow males enroll credit muw school nursing iii state primary justification maintaining admissions policy muw school nursing compensates discrimination women therefore constitutes educational affirmative action brief petitioners applied school nursing find state argument unpersuasive limited circumstances classification favoring one sex justified intentionally directly assists members sex disproportionately burdened see schlesinger ballard however consistently emphasized mere recitation benign compensatory purpose automatic shield protects inquiry actual purposes underlying statutory scheme weinberger wiesenfeld searching analysis must made regardless whether state objective eliminate family controversy reed reed achieve administrative efficiency frontiero richardson balance burdens borne males females readily apparent state evoke compensatory purpose justify otherwise discriminatory classification members gender benefited classification actually suffer disadvantage related classification considered situation califano webster involved challenge statutory classification allowed women eliminate years men purposes computing social security retirement benefits although effect classification allow women higher monthly benefits available men earning history upheld statutory scheme noting took account women unfairly hindered earning much men work ed directly remedy resulting economic disparity similar pattern discrimination women influenced decision schlesinger ballard supra considered federal statute granted female naval officers tenure commissioned service mandatory discharge accorded male officers tenure recognized women barred combat duty fewer opportunities promotion male counterparts allowing women additional four years reach particular rank subjecting mandatory discharge statute directly compensated statutory barriers advancement sharp contrast mississippi made showing women lacked opportunities obtain training field nursing attain positions leadership field muw school nursing opened door women currently deprived opportunities fact year school nursing first class enrolled women earned percent nursing baccalaureate degrees conferred mississippi percent degrees earned nationwide dept health education welfare earned degrees conferred institutional date year aberration one decade earlier women earned nursing degrees conferred mississippi percent degrees conferred nationwide dept health education welfare earned degrees conferred bachelor higher degrees one expect labor force reflects predominance women nursing muw school nursing began operation nearly percent employed registered nurses female bureau census statistical abstract rather compensate discriminatory barriers faced women muw policy excluding males admission school nursing tends perpetuate stereotyped view nursing exclusively woman job assuring mississippi allots openings nursing schools women men muw admissions policy lends credibility old view women men become nurses makes assumption nursing field women prophecy see stanton stanton thus conclude although state recited benign compensatory purpose failed establish alleged objective actual purpose underlying discriminatory classification policy invalid also fails second part equal protection test state made showing classification substantially directly related proposed compensatory objective contrary muw policy permitting men attend classes auditors fatally undermines claim women least school nursing adversely affected presence men muw permits men audit participate fully classes additionally men women take part continuing education courses offered school nursing regular nursing students also enroll deposition james strobel deposition dean annette barrar uncontroverted record reveals admitting men nursing classes affect teaching style deposition nancy herban presence men classroom affect performance female nursing students tr deposition dean annette barrar men coeducational nursing schools dominate classroom deposition nancy herban sum record case flatly inconsistent claim excluding men school nursing necessary reach muw educational goals thus considering asserted interest relationship interest methods used state conclude state fallen far short establishing exceedingly persuasive justification needed sustain classification accordingly hold muw policy denying males right enroll credit school nursing violates equal protection clause fourteenth amendment additional attempt justify exclusion men muw school nursing state contends muw direct beneficiary specific congressional legislation face permits institution exist past brief petitioners argument based upon language title ix education amendments although prohibits gender discrimination education programs receive federal financial assistance subsection exempts admissions policies undergraduate institutions traditionally continually establishment policy admitting students one sex general prohibition see supra arguing congress enacted title ix furtherance power enforce fourteenth amendment power granted amendment state us conclude congressional limitation upon broad prohibitions equal protection clause fourteenth amendment brief petitioners argument requires little comment initially far clear congress intended exempt muw constitutional obligation rather congress apparently intended exempt muw requirements title ix even congress envisioned constitutional exemption state argument fail section fourteenth amendment gives congress broad power indeed enforce command amendment secure persons enjoyment perfect equality civil rights equal protection laws state denial invasion ex parte virginia congress power however limited adopting measures enforce guarantees amendment grants congress power restrict abrogate dilute guarantees katzenbach morgan although give deference congressional decisions classifications neither congress state validate law denies rights guaranteed fourteenth amendment see califano goldfarb williams rhodes fact language applies muw provides state solace statute apparently governing dispute applied judges consistently obligations supremacy clause application statute conflict constitution marbury madison cranch younger harris iv conclude state policy excluding males muw school nursing violates equal protection clause fourteenth amendment affirm judgment appeals ordered footnotes record exhibit bulletin mississippi university women baccalaureate degree hogan able earn higher salary eligible obtain specialized training anesthetist tr james strobel president muw verified men audit equivalent full classload either night daytime classes section title ix education amendments pub stat provides part person shall basis sex excluded participation denied benefits subjected discrimination education program activity receiving federal financial assistance except regard admissions educational institutions section shall apply institutions vocational education professional education graduate higher education public institutions undergraduate higher education regard admissions section shall apply public institution undergraduate higher education institution traditionally continually establishment policy admitting students one sex section fourteenth amendment provides congress shall power enforce appropriate legislation provisions article although statements appeals decision refer schools within muw see factual underpinning hogan claim relief involved exclusion nursing program complaint appeals holding applies hogan individual claim relief additionally oral argument counsel verified hogan sought admission school nursing tr oral arg hogan claim thus limited review judgments statements opinions black cutter laboratories decline address question whether muw admissions policy applied males seeking admission schools school nursing violates fourteenth amendment without question muw admissions policy worked hogan disadvantage although hogan attended classes received credit one mississippi coeducational nursing programs none located columbus attend driving considerable distance home tr similarly situated female required choose forgoing credit bearing inconvenience moreover since many students enrolled school nursing hold jobs deposition dean annette barrar hogan female colleagues available opportunity open hogan obtain credit additional training policy denying males right obtain credit toward baccalaureate degree thus imposed upon hogan burden bear female orr orr dissenting opinion justice powell argues less rigorous test apply hogan advance serious equal protection claim post justice blackmun without proposing alternative test labels test applicable discrimination rigid productive needless conformity post past decisions establish however classification expressly discriminates basis gender analysis level scrutiny applied determine validity classification vary simply objective appears acceptable individual members validity importance objective may affect outcome analysis analysis change thus apply test previously relied upon measure constitutionality discrimination conclude challenged statutory classification substantially related important objective need decide whether classifications based upon gender inherently suspect see stanton stanton history provides numerous examples legislative attempts exclude women particular areas simply legislators believed women less able men perform particular function remained unmoved myra bradwell argument fourteenth amendment prohibited state classifying unfit practice law simply female bradwell illinois wall opinion concurring judgment justice bradley described reasons underlying state decision determine positions men fill prerogative legislator prescribe regulations founded nature reason experience due admission qualified persons professions callings demanding special skill confidence fairly belongs police power state opinion view peculiar characteristics destiny mission woman within province legislature ordain offices positions callings shall filled discharged men shall receive benefit energies responsibilities decision firmness presumed predominate sterner sex similar vein goesaert cleary upheld legislature right preclude women bartending except limited circumstances ground legislature devise preventive measures moral social problems result women apparently men tend bar similarly many protective labor laws enacted late early centuries often objective protection weaker workers laws assumed meant females see generally brown freedman katz price women rights law instance stanton stanton supra invalidated state statute specified greater age majority males females thereby affected period divorced parent responsible supporting children question importance validity state interest defining parents obligation support children minority analysis however determined purported relationship objective classification based upon traditional assumptions female destined solely home rearing family male marketplace world ideas specified age minority required boy order assure parental support attains education training girl traditional notions abandoned basis finding substantial relationship classification objective remained see kirchberg feenstra statute granted husbands right manage dispose jointly owned property without spouse consent wengler druggists mutual ins statute required widower widow show incapacitated earning recover benefits spouse death workers compensation laws orr orr supra men ordered pay alimony following divorce craig boren women purchase nonintoxicating beer younger age men stanton stanton supra women reached majority earlier age men weinberger wiesenfeld widows widowers collect survivors benefits social security act frontiero richardson determination spouse dependency based upon gender member armed forces claiming dependency benefits reed reed statute preferred men women administrators estates reply brief state understandably retreated contention muw founded provide opportunities women available men reply brief petitioners apparently impetus founding muw came desire provide women advantages superior offered men rather desire provide white women mississippi access higher learning sally reneau began agitating college white women initial efforts unsuccessful mississippi provided higher education white men black men women mayes history education mississippi hereinafter mayes see also neilson history mississippi state college women unpublished manuscript hereinafter neilson two years muw chartered university mississippi opened doors women however institution early years extensively patronized females come desire qualify teach mayes largest number women class university nearly women enrolled first session muw university solicit attendance women accept women time mississippi women attended college attended muw neilson thus mississippi elsewhere country women colleges founded provide form higher education academically disenfranchised see generally woody history women education baker radcliffe fly seven sisters failure women education relatively little change taken place past years women received percent baccalaureate degrees conferred nationwide national center education statistics digest education statistics constituted percent registered nurses labor force bureau census statistical abstract officials american nurses association suggested excluding men field depressed nurses wages hearings equal employment opportunity commission job segregation wage discrimination apr extent exclusion men effect muw admissions policy actually penalizes class state purports benefit cf weinberger wiesenfeld even assume discrimination women affects opportunity obtain education obtain leadership roles nursing challenged policy nonetheless invalid state failed establish legislature intended policy compensate perceived discrimination cf califano webster legislative history compensatory statute revealed congress directly addressed justification differing treatment men women purposely enacted favorable treatment female wage earners state provided evidence whatever mississippi legislature ever attempted justify differing treatment men women seeking nurses training indeed statement legislative purpose mississippi code see supra statement relies upon sort archaic overbroad generalizations women found insufficient justify classification orr orr stanton stanton justice powell dissent suggests second objective served classification mississippi elected provide women choice educational environments post since classification provides one class benefit choice available class however argument begs question issue whether benefited class profits classification whether state decision confer benefit upon one class means discriminatory classification substantially related achieving legitimate substantial goal chief justice burger dissenting agree generally justice powell dissenting opinion write separately however emphasize holding today limited context professional nursing school ante since opinion relies heavily finding women traditionally dominated nursing profession see ante suggests state might well justified maintaining example option business school liberal arts program justice blackmun dissenting unless mississippi university women wished preserve historical anachronism one obvious observes university long ago replaced original statement purpose brought corporate papers century failed perhaps partial consequence finds litigation opinion ante taking full advantage failure muw embarrassment discomfiture despite failure times changed intervening years institute college genuine university school nursing established years ago expanded baccalaureate program respondent hogan wants particular location home city columbus enough state mississippi offers baccalaureate programs nursing open males jackson hattiesburg mississippi thus closed doors educational system males like hogan assuming qualified reason whatsoever doubt qualifications doors open maleness alone prevent gaining additional education professes seek come suspect easy go far rigid rules area claimed sex discrimination lose indeed destroy values mean much people forbidding state offer choice depriving others alternative choice justice powell separate opinion post advances theme well purports write narrowly declaring decide issue respect separate equal undergraduate institutions females males ante respect units muw school nursing ante inevitable spillover ruling today ruling seems places constitutional jeopardy educational institution confines student body area members one sex even though state elsewhere provides equivalent program complaining applicant reasoning stop school nursing mississippi university women hope lose values think worthwhile based differences race religion relegate needless conformity ringing words equal protection clause fourteenth amendment justice powell aptly describes liberating spirit post demand price justice powell justice rehnquist joins dissenting opinion bows deeply conformity left without honor indeed held unconstitutional element diversity characterized much american education enriched much american life effect holds today state may provide even single institution higher learning open women students gives heed efforts state mississippi provide abundant opportunities young men young women attend coeducational institutions none preferences young women years evidenced approval college choosing mississippi university women muw seven coeducational universities within state decides today equal protection clause makes unlawful state provide women traditionally popular respected choice educational environment case instituted one man represents class whose primary concern personal convenience undisputed women enjoy complete equality opportunity mississippi public system higher education state universities junior colleges except muw coeducational least two mississippi universities provided respondent nursing curriculum wishes pursue male joined complaint groups personal acquaintance muw file amicus briefs female students alumnae muw emphatically rejected respondent arguments urging state mississippi allowed continue offering choice benefited respondent significantly disadvantaged muw tradition constitutional complaint based upon single asserted harm must travel attend nursing schools concededly available characterizes injury one inconvenience ante description fair accurate though somewhat embarrassed fact course constitutional right attend university one home town thus redress respondent injury inconvenience must rest invalidation muw program mode sexual stereotype reasoning application whatever respondent wrong complains best anomalous ultimately anomaly reveals legal error applying heightened equal protection standard developed cases genuine sexual stereotyping narrowly utilized state classification provides additional choice women moreover believe mississippi educational system upheld case even inappropriate method analysis applied coeducation historically novel educational theory grade school high school college graduate professional training much nation population much history educated sexually segregated classrooms college level instance recently prestigious colleges universities including ivy league long histories education harvard yale princeton remained colleges well second half century seven sister institutions established parallel standard excellence women colleges seven sisters mount holyoke opened female seminary chartered college vassar founded smith wellesley radcliffe bryn mawr barnard mount holyoke smith wellesley recently made considered decisions remain essentially institutions see carnegie commission higher education opportunities women higher education carnegie report excerpted babcock freedman norton ross sex discrimination law babcock barnard retains independence columbia traditional coordinate institution harvard radcliffe maintained separate admissions policies recently sexual segregation students reflection rather imposition upon preference subject policy disputed example highly qualified women attending leading women colleges earned admission virtually college choice women attending colleges chosen usually expressing preference special benefits institutions similar decisions made colleges elected remain open women arguable benefits colleges also continue recognized students higher education carnegie commission higher education reported favor continuation colleges women provide element diversity environment women generally speak classes hold positions leadership campus role models mentors among women teachers administrators carnegie report quoted davidson ginsburg kay discrimination empirical study cooperative institutional research program american counsel education university california los angeles also affirmed distinctive benefits colleges universities summarized astin four critical years data established oth male female colleges facilitate student involvement several areas academic interaction faculty verbal aggressiveness men women colleges also positive effect intellectual students colleges satisfied students coeducational colleges virtually aspects college life area students less satisfied social life ii issue case whether state transgresses constitution within context public system offers diverse range campuses curricula educational alternatives seeks accommodate legitimate personal preferences desiring advantages college view errs seriously assuming without argument discussion equal protection standard generally applicable sex discrimination appropriate standard designed free women archaic overbroad generalizations schlesinger ballard previous case applied invalidate state efforts expand women choices prior sex discrimination decisions male plaintiff case choice equal benefit cases cited therefore control issue us women given opportunity benefit men cases involving male plaintiffs equally inapplicable craig boren male permitted buy beer anywhere state women afforded choice whether accept statistically measured generalities concerning drinking tendencies aggregate groups similar situation prevailed orr orr men opportunity seek alimony divorced wives women escape statute stereotypical announcement state preference allocation family responsibilities wife plays dependent role applying heightened equal protection analysis case frustrates liberating spirit equal protection clause prohibits providing women opportunity choose type university prefer yet women regards victims illegal stereotyped perception role women society reasons way case woman complained complainant man advances claims behalf anyone else claim recalled denied substantive educational opportunity even right attend coeducational college see brief respondent colleges open located inconvenient distances iii views case presenting serious equal protection claim sex discrimination sustain mississippi right continue muw analysis need apply lowest tier scrutiny accept present purposes standard applied distinction must serve important governmental objective means substantially related achievement wengler druggists mutual ins record case reflects muw historic position state educational system dating back women presently evidence preference muw enrolled choice one discriminates invidiously one state purpose preserving choice legitimate substantial generations finest minds among educators students believed institutions afford distinctive benefits many persons course different views simply differences reason certainly none constitutional dimension conclude substantial state interest served choice made available arguing contrary suggests muw operated perpetuate stereotyped view nursing exclusively women job ante acknowledges ante muw school nursing created years campus founded hardly supports link nursing woman profession muw admission policy indeed muw school nursing instituted decade separate school nursing established coeducational university mississippi jackson see university mississippi undergraduate catalog school nursing makes one part relatively small part muw diverse modern university campus curriculum departments muw campus offer typical range degrees typical range subjects indication women suffer fewer opportunities mississippi state campuses muw admission policy sum practice voluntarily chosen education honored tradition country even rarely exists state colleges universities mississippi accommodation student choices legitimate completely consensual important permits students decide type college education think benefit finally mississippi policy substantially related objective iv distinctive feature america tradition respect diversity characteristic peoples numerous lands built country essence democratic system stake case see preservation small aspect diversity aspect means insignificant given heritage available choice coeducational institutions higher learning answers discrimination may tolerable example candidates admission able contribute educational institution able contribute less discrimination constitutional dimension found discrimination finds difficult identify victims hardly claim women discriminated constitutional case held exist solely one man found inconvenient travel institutions made available state mississippi essence insists right attend college home community simply sex discrimination case equal protection clause never intended applied kind case wo mississippi universities offered coeducational programs leading bachelor science nursing university southern mississippi hattiesburg miles columbus university mississippi jackson miles columbus brief respondent see also tr oral arg history briefly summarized higher education northeast duplicated mention state virginia even today hollins college mary baldwin college randolph macon woman college sweet briar college remain women colleges proud respected reputation quality education true historically many institutions higher education particularly east south extents choices means universally available men women choices always substantial purpose relating experience country colleges universities document obvious generations americans including scholars thought wholly without regard discriminatory animus distinct advantages type higher education announcing wellesley decision remain women college president barbara newell said research clearly demonstrates women colleges produce disproportionate number women leaders women responsible positions society demonstrate higher proportion women faculty higher motivation women students carnegie report babcock similarly rejecting coeducation mount holyoke trustees committee coeducation reported conditions historically justified founding women colleges continued justify remaining tradition ibid benefits education asserted students alumnae muw one expect regard views directly relevant case aspect life known courtship american female remains role pursued sex expected adorn groom attract male without comment common sense equities social arrangement remains sociological fact institution collegiate higher learning maintained exclusively women uniquely able provide education atmosphere women best attain maximum learning potential serve overcome historic repression past orient woman function achieve still male dominated economy free students burden playing mating game attending classes thus giving academic rather sexual emphasis consequently many institutions flourish graduates make significant contributions arts professions business brief mississippi university women alumnae association amicus curiae constitution require classification keep abreast latest educational opinion especially remains respectable opinion contrary rule mean courts legislatures determine matters public policy williams mcnair supp sc omitted summarily aff see kirchberg feenstra invalidating statute gave husband head master property jointly owned wife unilateral right dispose property without spouse consent wengler druggists mutual ins invalidating law benefits working woman expect paid spouse case death less payable spouse deceased male wage earner stanton stanton invalidating statute provided shorter period parental support obligation female children male children weinberger wiesenfeld invalidating statute failed grant woman worker protection similarly situated male worker received frontiero richardson invalidating statute containing mandatory preference male applicants reed reed invalidating arbitrary preference established favor males administration decedent estates see also caban mohammed invalidating law denied men opportunity given women blocking adoption illegitimate child means withholding consent permit men counter statute generalization maternal role important women paternal role men even argue appropriate standard strict scrutiny standard none sex discrimination cases ever adopted sexual segregation education differs tradition typified decision plessy ferguson separate equal racial segregation characteristic racial segregation segregated facilities offered alternatives increase choices available blacks sole alternative muw stands sharp contrast mississippi public universities public junior colleges muw considers sex criterion admission women consequently free select coeducational education environment desire attendance muw matter coercion says classification provides one class benefit choice available class ante issue whether benefited class profits classification whether state decision confer benefit upon one class means discriminatory classification substantially related achieving legitimate substantial goal ibid emphasis added issue case hogan complaining benefit conferred upon women claiming discrimination mississippi offers college brief joe hogan ask attend college offers bachelor science nursing asks attend muw brief respondent asks personal convenience students respondent position denied right attend state college home town treated differently students reside communities many miles distant state supported college university location institution must necessarily inure benefit detriment others depending upon distance affected individuals reside institution heaton bristol tex civ app cert denied quoted williams mcnair plan giving student choice coeducational institutions exalts neither sex expense contrary recognizes equal rights sexes benefit best varied system higher education state supply williams mcnair supra quoting heaton bristol supra instance school nursing takes pages muw course catalog see mississippi university women bulletin bachelor arts bachelor science master arts master science see muw also offers special preprofessional programs law dentistry medicine pharmacy physical therapy veterinary medicine ibid muw bulletin table contents lists following subjects offered school arts sciences air force rotc art behavioral sciences biological sciences business economics cooperative education english foreign languages health physical education recreation dance history journalism broadcasting mathematics music physical sciences speech communication see instance catalog coeducational university mississippi lists general description sarah isom center women studies described dedicated development curriculum scholarship women dissemination information expanding career opportunities establishment mutual support networks women ages backgrounds university mississippi undergraduate catalog listing precedes information university law medical centers argues muw means sufficiently related goal allowed men audit classes extent record information men audited courses last years brief respondent average men audited courses year muw current annual catalog lists courses offered one year see mississippi university women bulletin passim understandable muw might believe allow men audit courses without materially affecting environment muw charges tuition gives academic credit auditing university evidently correct believing men choose audit circumstances deviation perfect relationship means ends insubstantial opening closing sentences note opinion issue terms professional nursing school decline address question whether muw admissions policy applied males seeking admission schools school nursing violates fourteenth amendment welcome limitation fact leaves muw free remain university schools departments include four schools dozen departments cf nn supra question answer whether muw may remain women university every respect except school nursing critical question university responsible board officials holds today deprived hogan constitutional rights muw adjudged guilty sex discrimination logic entire opinion apart statements mentioned appears apply sweepingly entire university exclusion men school nursing repeatedly characterized discrimination subject standard analysis applied previous sex discrimination cases opinion anywhere deny analysis applies entire university nevertheless purports decide case narrow ly normally properly decide question presented seems fact issue properly us policy university issue addressed dissent appeals viewed case unambiguously held state institution higher education longer permitted constitution see principled way light rationale reach different result respect muw schools departments given insistence decision applies school nursing view board officials muw may continue operate remainder university basis without fear personal liability standard liability whether conduct official violate clearly established statutory constitutional rights reasonable person known harlow fitzgerald today leaves doubt reach decision