virginia et argued january decided june virginia military institute vmi sole school among virginia public institutions higher learning vmi distinctive mission produce men prepared leadership civilian life military service using adversative method training available elsewhere virginia vmi endeavors instill physical mental discipline cadets impart strong moral code reflecting high value alumni place vmi training vmi largest endowment undergraduate institutions nation sued virginia vmi alleging vmi exclusively male admission policy violated fourteenth amendment equal protection clause district ruled vmi favor fourth circuit reversed ordered virginia remedy constitutional violation response virginia proposed parallel program women virginia women institute leadership vwil located mary baldwin college private liberal arts school women district found virginia proposal satisfied constitution equal protection requirement fourth circuit affirmed appeals deferentially reviewed virginia plan determined provision educational options legitimate objective maintenance programs concluded essential objective recognized however analysis risked bypassing equal protection scrutiny fashioned additional test asking whether vmi vwil students receive substantively comparable benefits although appeals acknowledged vwil degree lacked historical benefit prestige vmi degree nevertheless found educational opportunities two schools sufficiently comparable held parties seek defend government action must demonstrate exceedingly persuasive justification action mississippi univ women hogan neither federal state government acts compatibly equal protection law official policy denies women simply women full citizenship opportunity aspire achieve participate contribute society based individual talents capacities meet burden justification state must show least challenged classification serves important governmental objectives discriminatory means employed substantially related achievement objectives quoting wengler druggists mutual ins justification must genuine hypothesized invented post hoc response litigation must rely overbroad generalizations different talents capacities preferences males females see weinberger wiesenfeld heightened review standard applicable classifications make sex proscribed classification mean categorization sex may used create perpetuate legal social economic inferiority women pp virginia categorical exclusion women educational opportunities vmi provides denies equal protection women pp virginia contends education yields important educational benefits provision option education fosters diversity educational approaches benign justifications proffered defense categorical exclusions however must describe actual state purposes rationalizations actions fact differently grounded virginia shown vmi established maintained view diversifying categorical exclusion women educational opportunities within state purpose genuinely advance array educational options served vmi historic constant plan afford unique educational benefit males however well plan serves virginia sons makes provision whatever daughters pp virginia also argues vmi adversative method training provides educational benefits made available unmodified women alterations accommodate women necessarily drastic destroy vmi program uncontested women admission vmi require accommodations primarily arranging housing assignments physical training programs female cadets also undisputed however neither goal producing citizen soldiers vmi raison vmi implementing methodology inherently unsuitable women district made findings developmental differences restate opinions virginia expert witnesses typically male typically female tendencies courts however must take hard look generalizations tendencies kind virginia pressed state actors controlling gates opportunity warrant exclude qualified individuals based fixed notions concerning roles abilities males females mississippi univ women notion admission women downgrade vmi stature destroy adversative system even school judgment hardly proved prediction hardly different prophec ies see routinely used deny rights opportunities women successful entry federal military academies participation nation military forces indicate virginia fears vmi future may solidly grounded state justification excluding women training qualified event rank exceedingly persuasive pp remedy proffered vmi college create vwil separate program cure constitutional violation pp remedial decree must closely fit constitutional violation must shaped place persons unconstitutionally denied opportunity advantage position occupied absence discrimination see milliken bradley constitutional violation case categorical exclusion women disregard individual merit extraordinary educational opportunity afforded men virginia chose leave untouched vmi exclusionary policy proposed women separate program different kind vmi unequal tangible intangible facilities vwil affords women opportunity experience rigorous military training vmi famed kept away pressures hazards psychological bonding characteristic vmi adversative training vwil students know feeling tremendous accomplishment commonly experienced vmi successful cadets virginia maintains methodological differences justified important differences men women learning developmental needs generalizations way women estimates appropriate women longer justify denying opportunity women whose talent capacity place outside average description myriad respects military training vwil qualify vmi equal vwil program pale shadow vmi terms range curricular choices faculty stature funding prestige alumni support influence virginia shown substantial equality separate educational opportunities state supports vwil vmi cf sweatt painter pp fourth circuit failed inquire whether proposed remedy placed women denied vmi advantage position occupied absence discrimination milliken considered instead whether state provide fidelity equal protection separate unequal educational programs men women declaring substantially different significantly unequal vwil program satisfactory appeals displaced exacting standard developed deferential standard added inquiry invention substantive comparability test fourth circuit plainly erred exposing virginia vwil plan deferential analysis genderbased classifications today warrant heightened scrutiny see alabama ex rel women seeking fit education offered anything less state obligation afford genuinely equal protection pp affirmed reversed remanded ginsburg delivered opinion stevens kennedy souter breyer joined rehnquist filed opinion concurring judgment scalia filed dissenting opinion thomas took part consideration decision case notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press end syllabus nos petitioner virginia et al virginia et petitioners writs certiorari appeals fourth circuit june justice ginsburg delivered opinion virginia public institutions higher learning include incomparable military college virginia military institute vmi maintains constitution equal protection guarantee precludes virginia reserving exclusively men unique educational opportunities vmi affords agree vmi notably succeeded mission produce leaders among alumni military generals members congress business executives school alumni overwhelmingly perceive vmi training helped realize personal goals vmi endowment reflects loyalty graduates vmi largest endowment undergraduate institutions nation neither goal producing vmi implementing methodology inherently unsuitable women school impressive record producing leaders made admission desirable women nevertheless virginia elected preserve exclusively men advantages opportunities vmi education affords ii vmi today enrolls men cadets academic offerings liberal arts sciences engineering also available public colleges universities virginia vmi mission special mission school produce educated honorable men prepared varied work civil life imbued love learning confident functions attitudes leadership possessing high sense public service advocates american democracy free enterprise system ready defend country time national peril supp wd quoting mission study committee vmi board visitors report may vmi produces adversative doubting model education features hysical rigor mental stress absolute equality treatment absence privacy minute regulation behavior indoctrination desirable values one commandant cadets described adversative method dissects young student makes aware limits capabilities knows far go anger much take stress exactly physically exhausted quoting bissell vmi cadets live spartan barracks surveillance constant privacy nonexistent wear uniforms eat together mess hall regularly participate drills entering students incessantly exposed rat line extreme form adversative model comparable intensity marine corps boot camp tormenting punishing rat line bonds new cadets fellow sufferers completed experience former tormentors ibid vmi adversative model characterized hierarchical class system privileges responsibilities dyke system assigning senior class mentor entering class rat stringently enforced honor code prescribes cadet lie cheat steal tolerate vmi attracts applicants reputation extraordinarily challenging military school alumni exceptionally close school omen opportunity anywhere gain benefits system education vmi ibid two years preceding lawsuit district noted vmi received inquiries women responded none ome women least said want attend school opportunity recognized recruitment vmi achieve least female enrollment sufficient critical mass provide female cadets positive educational experience also established women capable individual activities required vmi cadets addition experts agreed vmi admitted women vmi rotc experience become better training program perspective armed forces provide training dealing army district ruled favor vmi however rejected equal protection challenge pressed correctly recognized mississippi univ women hogan closest guide underscored party seeking uphold government action based sex must establish exceedingly persuasive justification classification mississippi univ women internal quotation marks omitted succeed defender challenged action must show least classification serves important governmental objectives discriminatory means employed substantially related achievement objectives ibid internal quotation marks omitted district reasoned education environment male female yields substantial benefits vmi school men brought diversity otherwise coeducational virginia system diversity enhanced vmi unique method instruction ibid education males ranks important governmental objective becomes obvious district concluded means achieving objective exclude women ibid women indeed denied unique educational opportunity available vmi district acknowledged vmi status lost aspects school distinctive method altered women admitted allowance personal privacy made hysical education requirements altered least women adversative environment survive unmodified thus sufficient constitutional justification shown district held continuing vmi policy appeals greeted skepticism virginia assertion offers education vmi facet state overarching undisputed policy advance autonomy diversity underscored virginia nondiscrimination commitment extremely important colleges universities deal faculty staff students without regard sex race ethnic origin quoting report virginia commission university century statement appeals said explicit one found record commonwealth expressed respect gender distinctions ibid furthermore appeals observed urging diversity justify vmi state supplied explanation movement away education virginia public colleges universities ibid short concluded policy diversity aims provide array educational opportunities including institutions must favor one gender ibid parties agreed women meet physical standards imposed men satisfied neither goal producing citizen soldiers vmi implementing methodology inherently unsuitable women appeals however accepted district finding least three aspects vmi training absence privacy adversative materially affected coeducation remanding case appeals assigned virginia first instance responsibility selecting remedial course suggested options state admit women vmi establish parallel institutions programs abandon state support leaving vmi free pursue policies private institution may denied certiorari see see also ibid opinion scalia noting interlocutory posture litigation average combined sat score entrants mary baldwin points lower score vmi freshmen see mary baldwin faculty holds significantly fewer faculty vmi receives significantly lower salaries see tr testimony james lott dean mary baldwin college reprinted app nos hereinafter vmi offers degrees liberal arts sciences engineering mary baldwin time trial offered bachelor arts degrees see vwil student seeking earn engineering degree gain one without public support attending washington university louis missouri two years paying required private tuition see ibid experts educating women college level composed task force charged designing vwil program task force members drawn mary baldwin faculty staff training attention methods instruction appropriate women task force determined military model wholly inappropriate vwil ibid see vwil students participate rotc programs newly established largely ceremonial virginia corps cadets vwil house military format vwil require students eat meals together wear uniforms school day lieu vmi adversative method vwil task force favored cooperative method reinforces addition standard bachelor arts program offered mary baldwin vwil students take courses leadership complete leadership externship participate community service projects assist arranging speaker series see virginia represented provide equal financial support vwil students vmi cadets vmi foundation agreed supply million endowment vwil program mary baldwin endowment million vmi million mary baldwin add million endowment based future commitments vmi add million ibid vmi alumni association developed network employers interested hiring vmi graduates association agreed open network vwil graduates graduates advantage afforded vmi degree divided appeals affirmed district judgment time appellate determined give greater scrutiny selection means state proffered objective official objective purpose said reviewed deferentially ibid respect legislative reasoned meant judiciary take cautious approach inquiring legitima cy governmental objective refusing approval purpose revealed pernicious ibid roviding option college education may considered legitimate important aspect public system higher education appeals observed objective added pernicious moreover continued adversative method vital vmi education never tolerated sexually heterogeneous environment ibid method designed exclude women noted women accommodated vmi program believed female participation vmi adversative training destroy sense decency still permeates relationship sexes ibid recognized analyzed case means merged end merger risked bypass ing equal protection scrutiny therefore added another inquiry decisive test called substantive comparability ibid key question said whether men vmi women vwil obtain substantively comparable benefits institution means offered tate ibid although appeals recognized vwil degree lacks historical benefit prestige vmi degree nevertheless found educational opportunities two schools sufficiently comparable senior circuit judge phillips dissented judgment held virginia burden showing exceedingly persuasive justification state action quoting mississippi university women judge phillips view accepted rationalizations compelled exigencies litigation confronted state actual overriding purpose ibid purpose judge phillips said clear historical record create new type educational opportunity women diversify commonwealth higher education system simply allow vmi continue exclude women order preserve historic character mission ibid judge phillips suggested state satisfy constitution equal protection requirement simultaneously opened undergraduate institutions substantially comparable curricular programs funding physical plant administration support services faculty library resources thought evident proposed vwil program comparison vmi fell far short providing substantially equal tangible intangible educational benefits men women ibid fourth circuit denied rehearing en banc circuit judge motz joined circuit judges hall murnaghan michael filed dissenting opinion judge motz agreed judge phillips virginia shown exceedingly persuasive justification disparate opportunities state supported quoting mississippi univ women asked ow degree yet implemented supplemental program mary baldwin held substantively comparable degree venerable virginia military institution established years ago women need guaranteed equal results judge motz said equal protection clause require equal opportunity opportunity denied ibid iii iv today skeptical scrutiny official action denying rights opportunities based sex responds volumes history plurality acknowledged generation ago nation long unfortunate history sex discrimination frontiero richardson century plus three decades history women count among voters composing people women gain constitutional right franchise half century thereafter remained prevailing doctrine government federal state withhold women opportunities accorded men long basis reason conceived discrimination see goesaert cleary rejecting challenge female tavern owner daughter michigan law denying bartender licenses wives daughters male tavern owners give ear contention unchivalrous desire male bartenders monopolize calling prompted legislation first time nation history ruled favor woman complained state denied equal protection laws reed reed holding unconstitutional idaho code prescription among several persons claiming equally entitled administer decedent estate males must preferred females since reed repeatedly recognized neither federal state government acts compatibly equal protection principle law official policy denies women simply women full citizenship opportunity aspire achieve participate contribute society based individual talents capacities see kirchberg feenstra affirming invalidity louisiana law made husband head master property jointly owned wife giving unilateral right dispose property without wife consent stanton stanton invalidating utah requirement parents support boys age girls age without equating gender classifications purposes classifications based race national origin decisions carefully inspected official action closes door denies opportunity women men see kennedy concurring judgment case law evolving since reveal strong presumption gender classifications invalid summarize current directions cases official classification based gender focusing differential treatment denial opportunity relief sought reviewing must determine whether proffered justification exceedingly persuasive burden justification demanding rests entirely state see mississippi univ women state must show least challenged classification serves important governmental objectives discriminatory means employed substantially related achievement objectives ibid quoting wengler druggists mutual ins justification must genuine hypothesized invented post hoc response litigation must rely overbroad generalizations different talents capacities preferences males females see weinberger wiesenfeld califano goldfarb stevens concurring judgment heightened review standard precedent establishes make sex proscribed classification supposed inherent differences longer accepted ground race national origin classifications see loving virginia physical differences men women however enduring two sexes fungible community made exclusively one sex different community composed ballard inherent differences men women come appreciate remain cause celebration denigration members either sex artificial constraints individual opportunity sex classifications may used compensate women particular economic disabilities suffered califano webster per curiam promot equal employment opportunity see california federal sav loan assn guerra advance full development talent capacities nation people classifications may used see goesaert create perpetuate legal social economic inferiority women mississippi univ women immediately point state asserted justification exclusion men nursing school engaging educational affirmative action compensat ing discrimination women undertaking searching analysis found close resemblance alleged objective actual purpose underlying discriminatory classification pursuing similar inquiry reach conclusion neither recent distant history bears virginia alleged pursuit diversity educational options state established vmi range educational opportunities men women scarcely contemplated higher education time considered dangerous women reflecting widely held views women proper place nation first universities example harvard massachusetts william mary men see farello history education women vmi novel respect admitting women vmi followed lead state flagship school university virginia founded struggle admission women state university historian recounted longer drawn developed bitterness university virginia woody history women education history women education state senate resolved look possibility higher education women recognizing virginia never period history provided higher education daughters though liberally provided higher education sons ibid quoting educ despite recognition new opportunities instantly open women debate concerning women admission undergraduates main university continued well past century midpoint familiar arguments rehearsed women admitted feared encroach rights men new problems government perhaps scandals old honor system changed standards lowered coeducational schools glorious reputation university school men trailed dust history women education ultimately prestigious institution higher education virginia university virginia introduced coeducation began admit women equal basis men see kirstein rector visitors univ virginia supp ed federal district confirmed virginia may deny women basis sex educational opportunities charlottesville campus afforded institutions operated tate virginia describes current absence public higher education women historical anomaly brief historical record indicates action deliberate anomalous first protection women higher education next schools women far equal resources stature schools men finally conversion separate schools coeducation state legislature prior advent controversy repealed virginia statutes requiring individual institutions admit men women official commission legislatively established chart future goals higher education virginia reaffirmed policy affording broad access maintaining autonomy diversity quoting report virginia commission university century significantly commission reported colleges universities provide opportunities students develop values learn role models extremely important deal faculty staff students without regard sex race ethnic origin emphasis supplied appeals deleted decision mississippi univ women prompted vmi reexamine admission policy see virginia relies reexamination legitimate basis maintaining vmi character see reply brief crosspetitioners mission study committee appointed vmi board visitors studied problem october may month counseled change vmi status college see internal quotation marks omitted whatever internal purpose mission study committee however framers hardly extract effort state policy evenhandedly advance diverse educational options district observed committee analysis primarily focuse anticipated difficulties attracting females vmi report overall supplied little indication th conclusion reached ibid sum find persuasive evidence record vmi admission policy furtherance state policy diversity see policy fourth circuit observed discerned movement public colleges universities virginia away education see ibid also questioned one institution autonomy authority state institution give effect state policy diversity among institutions ibid purpose genuinely advance array educational options appeals recognized served vmi historic constant plan affor unique educational benefit males ibid however liberally plan serves state sons makes provision whatever daughters equal protection district forecast expert witness testimony appeals accepted coeducation materially affect least three aspects vmi training absence privacy adversative approach uncontested women admission require accommodations primarily arranging housing assignments physical training programs female cadets see brief also undisputed however vmi methodology used educate women district even allowed women may prefer methodology women college might pursue see ibid ome women least want attend vmi opportunity district recognized women expert testimony established capable individual activities required vmi cadets parties furthermore agree women meet physical standards vmi impose men sum appeals stated neither goal producing citizen soldiers vmi raison vmi implementing methodology inherently unsuitable women support initial judgment virginia judgment rejecting equal protection objections presented district made findings developmental differences findings restate opinions virginia expert witnesses opinions typically male typically female tendencies example ales tend need atmosphere adversativeness emales tend thrive cooperative atmosphere ibid saying women well adversative model vmi expert educational institutions testified undoubtedly women educational experiences must designed around rule expert maintained around exception ibid internal quotation marks omitted challenge expert witness estimation average capacities preferences men women instead emphasizes time since turning point decision reed reed cautioned reviewing courts take hard look generalizations tendencies kind pressed virginia relied upon district see portia progress rev state actors controlling gates opportunity instructed may exclude qualified individuals based fixed notions concerning roles abilities males females mississippi univ women see equal protection principles applied gender classifications mean state actors may rely overbroad generalizations make judgments people likely perpetuate historical patterns discrimination may assumed purposes decision women choose vmi adversative method fourth circuit judge motz observed however dissent appeals denial rehearing en banc also probable many men want educated environment point even dissenting colleague might agree education sure one size fits business issue however whether forced attend vmi rather question whether state constitutionally deny women capacity training attendant opportunities vmi uniquely affords ibid notion admission women downgrade vmi stature destroy adversative system even school judgment hardly proved prediction hardly different prophec ies see mississippi univ women routinely used deny rights opportunities women first sought admission bar access legal education concerns order expressed example common pleas hennepin county minnesota explained women thought ineligible practice law women train educate young said forbids shall bestow time early late labor essential attaining eminence true lawyer ever aspire therefore said opposition courts admission females practice extent outgrowth old fogyism arises rather comprehension magnitude responsibilities connected successful practice law desire grade profession application martha angle dorsett admitted practice attorney counselor law hennepin syllabi pp emphasis added faculty never maintained women master legal learning argument practical women admitted columbia law school faculty said choicer manly graduates great universities go harvard law school nation women successful entry federal military academies participation nation military forces indicate virginia fears future vmi may solidly grounded state justification excluding women training qualified event rank exceedingly persuasive explained applied standard virginia vmi trained argument means rather end thus misperceived precedent education vmi serves important governmental objective maintained exclusion women substantially related essential objective notably circular argument straightforward test mississippi univ women described see bent bowed state misunderstanding turn district apparent vmi mission produce individuals imbued love learning confident functions attitudes leadership possessing high sense public service advocates american democracy free enterprise system ready defend country time national peril quoting mission study committee vmi board visitors report may vi virginia chose eliminate leave untouched vmi exclusionary policy women however virginia proposed separate program different kind vmi unequal tangible intangible facilities violated constitution equal protection requirement virginia obliged show remedial proposal directly address ed relate violation see milliken equal protection denied women ready willing able benefit educational opportunities kind vmi offers virginia described vwil parallel program asserted vwil shares vmi mission producing vmi goals providing education military training mental physical discipline character leadership development brief respondents internal quotation marks omitted vwil program eliminate discriminatory effects past least bar like discrimination future see louisiana comparison programs said parallel informs answer exposing character differences vmi vwil programs recapitulate facts earlier presented see supra vwil affords women opportunity experience rigorous military training vmi famed see school virginia public private offers kind rigorous military training available vmi vmi known challenging military school instead vwil program deemphasize military education uses cooperative method education reinforces vwil students participate rotc largely ceremonial virginia corps cadets see virginia deliberately make vwil military institute vwil house residence vwil students need live together throughout program eat meals together wear uniforms school day see vwil students thus experience barracks life crucial vmi experience spartan living arrangements designed foster egalitarian ethic see important aspects vmi educational experience occur barracks district found yet virginia deemed core experience nonessential indeed inappropriate training female vwil students receive leadership training seminars externships speaker series see episodes encounters lacking hysical rigor mental stress minute regulation behavior indoctrination desirable values made hallmarks vmi training see kept away pressures hazards psychological bonding characteristic vmi adversative training see vwil students know feeling tremendous accomplishment commonly experienced vmi successful cadets virginia maintains methodological differences justified pedagogically based important differences men women learning developmental needs psychological sociological differences virginia describes real stereotypes brief respondents internal quotation marks omitted task force charged developing leadership program women drawn staff faculty mary baldwin college determined military model especially vmi adversative method wholly inappropriate educating training women emphasis added see also noting task force conclusion women suited interested experience vmi adversative method effective women group emphasis added commonwealth embraced task force view expert witnesses testified virginia see earlier stated see supra generalizations way women estimates appropriate women longer justify denying opportunity women whose talent capacity place outside average description notably virginia never asserted vmi method education suits men also revealing virginia accounted failure make vwil experience entirely militaristic experience vmi ground vwil planned women necessarily expect pursue military careers reasoning vmi entirely militaristic program inappropriate men general group nly vmi cadets enter career military service see contrast generalizations women virginia rests note dispositive realties vmi implementing methodology inherently unsuitable women women well adversative model internal quotation marks omitted women least want attend vmi opportunity women capable individual activities required vmi cadets meet physical standards vmi impose men behalf women instituted suit remedy must crafted remedy end exclusion educational opportunity fit decree bar like discrimination future louisiana mary baldwin college whose degree vwil students gain enrolls women average combined sat score points lower average score vmi freshmen mary baldwin faculty holds significantly fewer receives substantially lower salaries see tr testimony james lott dean mary baldwin college faculty vmi mary baldwin offer vwil student range curricular choices available vmi cadet vmi awards baccalaureate degrees liberal arts biology chemistry civil engineering electrical computer engineering mechanical engineering see virginia military institute education govt exh lodged clerk vwil students attend school math science focus take mary baldwin courses engineering advanced math physics courses vmi offers see physical training mary baldwin two fields ne gymnasium vmi ncaa competition level indoor track field facility number fields baseball soccer lacrosse fields obstacle course large boxing wrestling martial arts facilities indoor running course indoor pool indoor outdoor rifle ranges football stadium also contains practice field outdoor track ibid although virginia represented provide equal financial support vwil students vmi cadets vmi foundation agreed endow vwil million difference two schools financial reserves pronounced mary baldwin endowment currently million gain additional million based future commitments vmi current endowment largest endowment gain million vwil student graduate advantage vmi degree diploma unite legions vmi graduates distinguished military civilian life see vmi alumni exceptionally close school closeness accounts part vmi success attracting applicants see vwil graduate assume network business owners corporations vmi graduates employers interested hiring vmi graduates equally responsive search employment see phillips dissenting powerful political economic ties vmi alumni network expected open graduates fledgling vwil program virginia sum maintaining vmi men failed provide comparable women institution instead commonwealth created vwil program fairly appraised pale shadow vmi terms range curricular choices faculty stature funding prestige alumni support influence see phillips dissenting virginia vwil solution reminiscent remedy texas proposed years ago response state trial ruling given equal protection guarantee african americans denied legal education state facility see sweatt painter reluctant admit african americans flagship university texas law school state set separate school herman sweatt black law students originally opened new school independent faculty library lacked accreditation nevertheless state trial appellate courts satisfied new school offered sweatt opportunities study law substantially equivalent offered state white students university texas internal quotation marks omitted considered case new school gained faculty five professors student body library volumes serviced staff practice legal aid association one alumnus ha become member texas bar contrasted resources new school school sweatt excluded university texas law school faculty student body library containing volumes scholarship funds law review moot facilities important tangible features emphasized qualities incapable objective measurement make greatness school including reputation faculty experience administration position influence alumni standing community traditions prestige facing marked differences reported sweatt opinion unanimously ruled texas shown substantial equality separate educational opportunities state offered accordingly held equal protection clause required texas admit african americans university texas law school line sweatt rule virginia shown substantial equality separate educational opportunities state supports vwil vmi fourth circuit acknowledged vwil degree mary baldwin college lacks historical benefit prestige degree vmi appeals observed vmi ongoing successful institution long history remains comparable women institution ibid nevertheless appeals declared substantially different significantly unequal vwil program satisfactory reached result revising applicable standard review fourth circuit displaced standard developed precedent see supra substituted standard invention earlier described deferential review appeals engaged see supra brand review inconsistent exacting standard precedent requires see supra quoting part mississippi univ women appeals candidly described analysis one capable checking legislative purpose ranked pernicious generally according deference legislative recognizing extracted decisions test yielding little scrutiny effect classification directed education appeals devised another test substantive comparability inquiry proceeded find new test satisfied fourth circuit plainly erred exposing virginia vwil plan deferential analysis classifications today warrant heightened scrutiny see valuable vwil may prove students seek program offered virginia remedy affords cure opportunities advantages withheld women want vmi education make grade see supra sum virginia remedy match constitutional violation state shown exceedingly persuasive justification withholding women qualified experience premier training kind vmi affords vii vmi offers educational opportunity virginia institution provides school prestige success developing unequaled virginia closed facility daughters instead devised parallel program faculty less impressively credentialed less well paid limited course offerings fewer opportunities military training scientific specialization cf sweatt vmi beyond question possesses far greater degree vwil program qualities incapable objective measurement make greatness school including position influence alumni standing community traditions prestige women seeking fit education offered anything less state obligation afford genuinely equal protection prime part history constitution historian richard morris recounted story extension constitutional rights protections people ignored excluded vmi story continued comprehension people expanded see supra reason believe admission women capable activities required vmi cadets destroy institute rather enhance capacity serve perfect union reasons stated initial judgment appeals affirmed final judgment appeals reversed case remanded proceedings consistent opinion ordered justice thomas took part consideration decision case chief justice rehnquist concurring judgment holds first virginia violates equal protection clause maintaining virginia military institute vmi admissions policy second establishing virginia women institute leadership vwil program remedy violation agree conclusions disagree analysis write separately terms like important governmental objective substantially related hardly models precision content specificity phrase exceedingly persuasive justification phrase best confined first used observation difficulty meeting applicable test formulation test see feeney supra hese precedents dictate state law overtly covertly designed prefer males females public employment require exceedingly persuasive justification avoid introducing potential confusion adhered closely traditional firmly established hogan supra heckler supra standard classification must bear close substantial relationship important governmental objectives feeney supra cases dealing gender discrimination also require proffered purpose challenged law actual purpose see ante ground rejects first two justifications virginia offers vmi admissions policy namely goal diversity among public educational institutions ultimately agree state carried day justification disagree method analyzing issue vmi founded notes ante admission limited men view men women destined higher education however misguided point view may standards surely unconstitutional adoption fourteenth amendment equal protection clause nearly years future interpretation equal protection clause require heightened scrutiny gender discrimination yet another century away long adoption fourteenth amendment well century legal distinctions men women thought raise question equal protection clause refers decision goesaert cleary likewise representing abandoned view hoyt florida upheld florida system jury selection men automatically placed jury lists women placed expressed affirmative desire serve noted despite advances women opportunities woman still regarded center home family life decided reed reed correctly refers seminal case facts nothing admissions sort educational institution idaho statute governing administration estates probate preferred men women statutory qualifications equal statute purpose according idaho avoid hearings determine better qualified man woman applying letters administration held rule violated fourteenth amendment mandatory preference members either sex members merely accomplish elimination hearings arbitrary legislative choice forbidden equal protection clause brief opinion reed made mention either goesaert hoyt even time decision reed reed therefore virginia vmi scarcely notice holding extended across constitutional board entitled believe one swallow make summer await developments developments years coming mississippi univ women hogan case actually involving admissions policy higher education held exclusion men nursing program violated equal protection clause holding place virginia notice vmi admissions policy open serious question vmi board visitors response appointed mission study committee examine legality wisdom vmi policy light hogan supp wd committee ended cryptically recommending changing vmi status college three years study committee found information warrant change vmi status even district ultimately sympathetic vmi position found report provided little indication conclusion reached one pages committee final report devoted analyzing information obtained primarily focuses anticipated difficulties attracting females vmi ibid reasons given report changing policy changes admission women vmi require likely effect changes institution vmi change simply helpful addressing constitutionality status hogan virginia sought justify vmi admissions policy primarily basis diversity education desirable public institutions higher learning state coeducational also room institutions agree scant evidence record real reason virginia decided maintain vmi men unlike majority consider evidence postdates decision hogan draw negative inferences state actions time think hogan state entitled reconsider policy respect vmi earlier justifications lack thereof held even diversity educational opportunity state actual objective state position still problematic difficulty position diversity benefited one sex public education available men vmi corresponding public education available women hogan placed virginia notice vmi admissions policy possibly unconstitutional vmi dealt problem admitting women governing body felt strongly admission women seriously harmed institution educational approach something else state done avoid equal protection violation since state nothing definitively answer question think however state options limited majority may imply cites without expressly approving statement opinion dissenting judge appeals effect state simultaneously opened undergraduate institutions substantially comparable curricular programs funding physical plant administration support services faculty library resources ante internal quotation marks omitted statement thought exclude possibilities stringent requirement vmi operation century half established successful devoted group alumni legislative wand instantly call existence similar institution women tremendous loss scrap vmi history tradition words grover cleveland second inaugural address state faced condition theory condition brought defiance decisions construing gender bias equal protection clause decision hogan condition appeared offend constitution virginia made genuine effort devote comparable public resources facility women followed plan might well avoided equal protection violation believe state faced stark choice either admitting women vmi one hand abandoning vmi starting scratch men women noted neither governing board vmi state took action diversity form well coeducational institutions higher learning available virginians diversity available women well men dissent criticizes disregarding four private colleges virginia generously assisted public funds post private women colleges treated state exactly private schools treated includes provision grants virginia residents virginia gives special support women education obviously true men education state provided kind support private women schools provides vmi may different case state demonstrated interest providing education men measure matched interest providing opportunity women virginia offers second justification admissions policy maintenance adversative method agree justification serve important governmental objective state substantial interest adversative methodology unless pedagogically beneficial considerable evidence shows education pedagogically beneficial students see hence state may valid interest promoting methodology similar evidence record adversative method pedagogically beneficial likely produce character traits methodologies ii accordingly remedy necessarily require either admission women vmi creation vmi clone women adequate remedy opinion might demonstration virginia interest educating men environment matched interest educating women institution demonstrate state need create two institutions number faculty phd similar sat scores comparable athletic fields see ante necessarily require women institution offer curriculum men one strong computer science strong liberal arts sufficient remedy think two institutions offered quality education overall calibre state decides create programs state expect consider public interest demand designing curricula rightfully state avoid assuming demand based stereotypes must assume priori without evidence interest women school civil engineering men school nursing end women institution virginia proposes vwil fails remedy distinctly inferior existing men institution continue foreseeable future vwil simply sense institution vmi particular vwil program appended private college institution vwil substantially underfunded compared vmi therefore ultimately agree virginia provided adequate remedy justice scalia dissenting today shuts institution served people commonwealth virginia pride distinction century half achieve desired result rejects contrary established practice factual findings two courts sweeps aside precedents ignores history people facts explicitly rejects finding exist developmental differences supporting virginia restriction adversative method men institution finding composition virginia military institute vmi essential institution character precedent drastically revises established standards reviewing classifications history counts nothing long tradition enduring present men military colleges supported federal government much opinion devoted deprecating forebears regard women education even regard treatment women areas nothing education every age including regard matters guess simply consider debatable virtue democratic system first amendment readily enables people time persuaded took granted change laws accordingly system destroyed smug assurances age removed democratic process written constitution counterbalance criticism ancestors let say word praise left us free change said illiberal embarked course inscribing one another current preferences society cases preferences society elite basic law today enshrines notion substantial educational value served military decision people virginia maintain institution denies equal protection women attend institution attend others since entirely clear constitution old sides educational debate dissent problem system abstract tests intermediate strict scrutiny though think better applying strict scrutiny intermediate scrutiny whenever feel like formulas essential evaluating whether new restrictions changing society constantly imposes upon private conduct comport equal protection society always accorded past view function preserve society values regarding among things equal protection revise prevent backsliding degree restriction constitution imposed upon democratic government prescribe authority progressively higher degrees reason view whatever abstract tests may choose devise indeed crafted constant unbroken national traditions embody people understanding ambiguous constitutional texts specifically view practice expressly prohibited text bill rights bears endorsement long tradition open widespread unchallenged use dates back beginning republic proper basis striking rutan republican party scalia dissenting applies mutatis mutandis practice asserted violation war fourteenth amendment see burnham superior county marin plurality opinion scalia due process clause alabama ex rel scalia dissenting equal protection clause planned parenthood casey scalia dissenting various alleged penumbras constitution vmi comes squarely within governing tradition founded commonwealth virginia continuously maintained since vmi always admitted men regard unusual almost vmi century half existence status reflected uniform practice military colleges another famous southern institution citadel existed school south carolina since federal military point naval academy annapolis even air force academy established males history admission women upon today relies see ante nn came decree people elected representatives decreed change see pub section stat words tradition military schools men well rooted traditions country tradition sending men military combat people may decide change one tradition like democratic processes assertion either tradition unconstitutional centuries law applies broadly education general shall discuss threatened today decision state federal support nonmilitary educational institutions two sexes recently also part national tradition oeducation historically novel educational theory grade school high school college graduate professional training much nation population much history educated sexually segregated classrooms mississippi univ women hogan powell dissenting see traditions may course changed democratic decisions people largely today however change forced upon virginia reversion education prohibited nationwide democratic processes order even bemoaning sorry bygone days fixed notions concerning women education see ante favors current notions fixedly willing write constitution application tests interpretation constitution creation one ii proceed apply standard vmi must comment upon manner avoids notwithstanding precedents firmly established principles heckler supra quoting hogan supra urged us hold case strict scrutiny correct constitutional standard evaluating classifications deny opportunities individuals based sex brief flat contradiction government position words stat unequivocally appropriate standard case intermediate scrutiny record doc emphasis added making reference government argument effectively accepts although two places recites test stated hogan see ante asks whether state demonstrated classification serves important governmental objectives discriminatory means employed substantially related achievement objectives internal quotation marks omitted never answers question presented anything resembling form engages analysis instead prefers phrase exceedingly persuasive justification hogan nine invocations phrase see ante even fanciful description imponderable core instruction decisions alabama ex rel hogan supra see ante unobjectionable acknowledged whether justification exceedingly persuasive must assessed asking whether classification serves important governmental objectives whether discriminatory means employed substantially related achievement objectives instead however proceeds interpret exceedingly persuasive justification fashion contradicts reasoning hogan precedents essential result achieved establishing intermediate scrutiny survived women interested attending vmi capable undertaking activities able meet physical demands thus summarizes holding follows contrast generalizations women virginia rests note dispositive realities vmi implementing methodology inherently unsuitable women women well adversative model women least want attend vmi opportunity women capable individual activities required vmi cadets meet physical standards vmi imposes men ante internal quotation marks citations punctuation omitted emphasis added amorphous exceedingly persuasive justification phrase standard elaboration intermediate scrutiny made yield conclusion vmi composition unconstitutional exist several women one conclude reasoning single woman willing able undertake vmi program intermediate scrutiny never required analysis substantial relation classification state interests serves thus califano webster per curiam upheld congressional statute provided higher social security benefits women men reasoned women unfairly hindered earning much men require proof woman benefited suffered discrimination disadvantaged man sufficient even former congressional scheme women average received lower retirement benefits men emphasis added reasoning cases similarly required substantial relation end means perfect fit rostker goldberg held registration constitutionally exclude women even assuming small number women drafted noncombat roles congress simply consider worth added burdens including women draft registration plans metro broadcasting fcc overruled grounds adarand constructors pena slip held classification need accurate every case survive intermediate scrutiny long aggregate advances underlying objective simply support cases notion classification invalid unless relates characteristics hold true every instance content execute de facto abandonment intermediate scrutiny standard classifications two decades purports reserve question whether even principle higher standard strict scrutiny apply says thus far reserved stringent judicial scrutiny classifications based race national origin ante emphasis added describes earlier cases done decline equat gender classifications purposes classifications based race national origin ante emphasis added wonderful thing statements actually actually false say cases thus far reserved beyond reasonable doubt standard proof criminal cases equated tort actions purposes criminal prosecutions statements misleading insofar suggest already categorically held strict scrutiny inapplicable classifications see heckler mathews upholding state action applying intermediate scrutiny michael superior somoma plurality concurring opinions califano webster per curiam statements irresponsible insofar calculated destabilize current law task clarify muddy waters exact intimidation federal government entitled know act standard held rather compelled guess outcome intimations particularly place perfectly clear question applicable standard review classifications regarded appropriate subject reconsideration stronger argument elevating standard strict scrutiny reducing review latter certainly firmer foundation past jurisprudence whereas majority ever applied strict scrutiny case involving classifications routinely applied review see hoyt florida goesaert cleary course normal review classifications much accord genesis heightened standards judicial review famous carolene products said intimatingly inquire case hand whether prejudice discrete insular minorities may special condition tends seriously curtail operation political processes ordinarily relied upon protect minorities may call correspondingly searching judicial inquiry iii evidence establishing fact virtually uncontradicted words received evidence supp wd initial matter virginia demonstrated trial substantial body contemporary scholarship research supports proposition although males females significant areas developmental overlap also differing developmental needs one questioned many students coeducational environment nonetheless inappropriate obscure demonstrated benefits colleges example district stated follows one empirical study evidence questioned expert demonstrates colleges provide better educational experiences coeducational institutions students sexes become academically involved interact faculty frequently show larger increases intellectual satisfied practically aspects college experience sole exception social life compared counterparts coeducational institutions attendance college substantially increases likelihood student carry career plans law business college teaching also substantial positive effect starting salaries business women colleges increase chances attend obtain positions leadership complete baccalaureate degree aspire higher degrees besides constitution vmi different colleges another way employs distinctive educational method sometimes referred adversative doubting model education physical rigor mental stress absolute equality treatment absence privacy minute regulation behavior indoctrination desirable values salient attributes vmi educational experience one contends method appropriate individuals education one size fits business state may wish support junior colleges vocational institutes law school emphasizes case practice instead classroom study state decision maintain within system one school provides adversative method substantially related goal good education moreover uncontested state establish women adversative program program attract insufficient number participants make program work found district virginia include women vmi school eventually find necessary drop adversative system altogether thus virginia options adversative method excludes women adversative method serious dispute district found education distinctive educational method represent legitimate contributions diversity virginia higher education system theoretical matter virginia educational interest best served insofar two factors mentioned concerned six different types public coeducational college run adversative method coeducational college run traditional method practical matter course virginia financial resources like state limitless commonwealth must select among available options virginia thus decided fund addition coeducational colleges one college run school adversative model virginia military institute virginia make determination regarding public college system unrealistic assumption colleges exist substantial evidence district demonstrated commonwealth long proceeded principle igher education resources viewed private approach enhances diversity academic economic waste permit unwarranted duplication quoting report general assembly commission higher education general assembly virginia thus significant whereas four private colleges virginia one private college indicates private sector providing th former form education much greater extent provides education circumstances virginia election fund one public institution one adversative concentrate resources single entity serves interests substantially related state important educational interests already pointed fundamental error reasoning vmi composition unconstitutional women capable individual activities required vmi cadets prefer military training adversative model see supra unacknowledged adoption amounts least strict scrutiny without antecedent cases discredits decision suggests virginia claimed purpose maintaining vmi asserted interest promoting diversity educational genuin pretext discriminating women ante see ante support charge impute base motive vmi mission study committee conducted study recommended vmi board visitors school remain committee majority whose members consisted graduates read materials education women military made site visits newly coeducational institutions including west point naval academy considered reasons institutions changed coeducational status work praised thorough accreditation review vmi conducted southern association colleges schools see see also detailed findings fact concerning mission study committee hatever internal purpose mission study committee however framers hardly extract effort state policy evenhandedly advance diverse educational options ante whether part evidence prove diversity commonwealth objective short report said nothing particular subject quite separate whether part evidence prove relevance mission study committee creation sober study analysis produced utterly refute claim vmi elected maintain composition misogynistic reason also supports analysis virginia actual state purposes maintaining vmi student body stating explicit statement record commonwealth expressed concerning purposes ante quoting see also ante wrong numerous grounds first foremost implication explicit statement actual purposes needed adopts effect argument since exclusion women vmi based assumptions time men alone fit military leadership roles since efore litigation initiated virginia never sought supply valid contemporary rationale vmi exclusionary policy hat failure renders vmi policy invalid brief doctrine state decision adopt maintain governmental policy need anticipation litigation pain found lack relevant state lawyer contemporaneous recitation state purposes constitution giant administrative procedure act imposes upon obligation set forth statement basis purpose sovereign acts see section situation different assumes policy enshrined remained enshrined vmi charter perhaps pronouncing institution purpose keep women place since policy explicitly recorded contends present one mere fact today commonwealth continues fund vmi enough answer contention classification accidental traditional way thinking females michael plurality opinion quoting califano webster internal quotation marks omitted moreover true virginia contemporary reasons maintaining vmi explicitly recorded hard imagine authoritative source subject report virginia commission university century governor general assembly report parties stipulated report notes hallmarks virginia educational policy diversity autonomy stipulations fact reprinted lodged materials record lodged materials said formal system higher education virginia includes great array institutions independent senior research highly specialized traditionally black report quoted relevant part lodged materials emphasis added response repeated reliance appeals assertion explicit statement found record commonwealth expressed respect gender distinctions namely statement report commonwealth institutions must deal faculty staff students without regard sex nothing purpose diversity ante quoting proves suppose appeals find statement dealing sex diversity record pertinent question accepting need statement whether plain fact deny contends purpose genuinely advance array educational options served vmi ante relies fact virginia public colleges become coeducational ibid see also ante apparent theory argument unless virginia pursues great deal diversity pursuit diversity must sham fails take account fact virginia resources support possible permutations schools see supra fact virginia coordinates public educational offerings offerings private educational institutions commonwealth provides money residents attend otherwise include four women colleges finally unreasonably suggests pretext virginia reliance upon decentralized decisionmaking achieve granting substantial autonomy institution regard composition matters see adopts suggestion appeals possible one institution autonomy authority state institution give effect state policy diversity among institutions ante internal quotation marks omitted impossible individual human beings groups human beings act autonomously effective pursuit common goal game soccer exist goal diversity free market services tends achieved even autonomous actors act entirely selfish interests make effort cooperate virginia institution say natural incentive make distinctive order attract particular segment student applicants course none institutions entirely autonomous legislature decides particular school well serving interest decides example men school much cease addition disparaging virginia claim vmi status serves state interest diversity finds fault virginia failure offer education based adversative training method women dismisses district findings developmental differences ground hese findings restate opinions virginia expert witnesses opinions typically male typically female tendencies ante quoting remarkable criticize district ground findings rest evidence testimony virginia witnesses findings supposed indefensible tell commonwealth burden justification demanding rests entirely ante ignore district findings rest evidence put forward district said evidence case virtually uncontradicted emphasis added ultimately fact deny evidence supporting findings see ante instead makes evident parties case saved great deal time trouble expense omitting trial simply dispenses evidence submitted never says single finding district clearly favor justices view world proceeds support references observations someone witness even educational expert even judge reviewed record participated judgment rather judge merely dissented appeals decision rehear case en banc see ante citations nonevidentiary materials amicus curiae briefs filed see ante nn various historical anecdotes designed demonstrate virginia support vmi currently constituted reminds justices bad old days see ante much say approach case rendered trial sham treating evidence irrelevant absolutely necessary reach conclusion single witness contested example virginia substantial body exceedingly persuasive evidence students male female benefit attending college students opportunity attend college valuable one likely lead better academic professional achievement even expert witness called believer education although personal philosophical preference one born considerations education provided private sector contends virginia district erred misperceived precedent train ing argument means rather end ante focuses vmi mission produce individuals imbued love learning confident functions attitudes leadership possessing high sense public service advocates american democracy free enterprise system ready defend country time national peril quoting mission study committee vmi board visitors report may surely says goal great enough accommodate women ante indirection describes vmi mission less mission virginia colleges old dominion continue fund aim create individuals imbued love learning etc right ready defend country time national peril summed learning leadership patriotism sure general educational values described particularly martial fashion vmi mission statement accordance military adversative character institution imparting values military adversative distinctive mission vmi discussed courts found mission great enough accommodate women analysis least benefit producing foreseeable results applied generally means whenever state ultimate objective great enough accommodate women always state held violated equal protection clause restricts men even one means pursues matter women interested pursuing objective means matter much program changed sexes admitted matter beneficial program theretofore participants argues vmi change much admit women see ante principal response argument irrelevant vmi status substantially related government important educational objectives demonstrated refuses discuss concludes inquiry debate federal judiciary much vmi required change admitted women whether constitute much change debate relevant certainly losing side district found follows evidence establishes key elements adversative vmi educational system focus barracks life fundamentally altered distinctive ends system thwarted vmi forced admit females make changes necessary accommodate needs interests changes district detailed analysis found required include new allowances personal privacy barracks locked doors coverings windows detract vmi approach regulating minute details student behavior contradict principle everyone constantly subject scrutiny everyone else impair vmi total egalitarian approach every student must treated alike changes physical training program reduce intensity aggressiveness current program various modifications respects adversative training program permeates student life see appeals summarized record supports district findings least three aspects vmi training absence privacy adversative materially affected coeducation leading substantial change egalitarian ethos critical aspect vmi training face findings two courts amply supported evidence resulting conclusion vmi fundamentally altered admitted women simply pronounces notion admission women downgrade vmi stature destroy adversative system even school judgment hardly proved ante omitted point downgrad ing vmi stature strawman one made claim point destroy ing adversative system simply false district stated vidence supports theory specifically concluded ithout doubt vmi assimilate women equally without doubt vmi present methods training education changed move away adversative new cadet system point destroy ing school depending upon ambiguous phrase intended mean either false else sets standard much higher vmi meet sufficed establish district stated vmi significantly different upon admission women eventually find necessary drop adversative system altogether finally absence precise analogue vmi irrelevant mississippi univ women hogan attached constitutional significance absence nursing school virginia notes program restricted one sex necessarily unconstitutional unless parallel program restricted sex opinion hogan ended first observed mississippi maintains public university college brief quoting mississippi univ women hogan supra although precise analogue vmi virginia created litigation virginia women institute leadership vwil program run mary baldwin college thus far said nothing vwil established test irrelevant long vmi character substantially related important state goal vwil exists treatment shows today decision vwil carefully designed professional educators long experience educating young women program rejects proposition difference respective spheres destinies man woman bradwell state wall designed provide program achieve substantially similar outcomes vmi environment supp wd holding trial voluminous evidence submitted making detailed findings fact district concluded legitimate pedagogical basis different means employed vmi vwil achieve substantially similar ends ibid appeals undertook detailed review record affirmed mary baldwin college runs vwil made point succinctly possible develop vwil program closely resemble vmi adversative techniques associated rat line living quarters simply replicating existing program required far less thought research educational expertise facile approach produced paper program real prospect successful implementation brief mary baldwin college amicus curiae second concurrence dismisses hand calls virginia second justification admissions policy maintenance adversative method ante concurrence reasons justification serve important governmental objective whatever record may show pedagogical benefits education similar evidence record adversative method pedagogically beneficial likely produce character traits methodologies ante simply wrong see factual findings concerning character traits produced vmi adversative methodology factual findings concerning benefits many men adversative approach general reality pedagogical benefits vmi adversative approach proved given litigation reason woman applicant prompted suit wanted enter vmi assuredly wanted go school cease soon entered wanted distinctive adversative education vmi provided battle joined main whether vmi basis excluding women approach opinion recognizes devotes much opinion demonstrating women well adversative model behalf women instituted suit ante quoting course last analysis matter whether benefits adversative method concurrence contest benefits education alone suffices make virginia case since admission woman even surely put end vmi education vmi adversative methodology third reason concurrence offers support judgment commonwealth vmi quick enough react developments evolving jurisprudence ante specifically concurrence believes clear hogan difficulty virginia position diversity benefited one sex public education available men vmi corresponding public education available women ante concurrence asserts virginia made genuine effort devote comparable public resources facility women followed plan might well avoided equal protection violation ante say concurrence believes decision hogan held program mississippi university women reliance fact corresponding mississippi program commonwealth known expected yes creation state program lawyer gave advice commonwealth either disbarred committed proof pudding today majority opinion virginia politician proposed step already women colleges virginia assisted state support may well exceed aggregate vmi costs see supra recalled event diversity form well coeducational institutions higher learning available women well men virginia ante concurrence able assert contrary disregarding four private colleges virginia generously assisted public funds commonwealth longstanding policy coordinating public private educational offerings see supra according concurrence reason virginia assistance four private colleges count private women colleges treated state exactly private schools treated ante virginia get credit assisting women education treats women private schools private schools get blame assisting men education treats vmi public schools great puzzlement iv sit announce unique dispositions principal function establish set forth principles law every america must follow said term expect lower courts adhere rationale upon based results earlier decisions seminole tribe florida slip emphasis added principal reason publish opinions rationale today decision sweeping classifications redefinition intermediate scrutiny makes indistinguishable strict scrutiny see supra indeed indicates program restricted one sex uniqu must opened members opposite sex capacity participate ante suggest program capable characterized unique unique nonexistent event regardless whether rationale leaves small amount room lawyers argue ensures public education functionally dead costs litigating constitutionality education program risks ultimately losing litigation simply high embraced public officials person standing challenge classification haul state federal compel establish evidence presumably form expert testimony exceedingly persuasive justification classification courts happen interpret vacuous phrase establishing standard utterly impossible achievement considerable risk whether standard met determined basis record necessarily approach seeks walk path trod today state official right mind buy lawsuit commencing program enemies education persuading seven justices five enough view world enshrined constitution effectively imposed view especially regrettable district determined educational experts recent years increasingly come suppor view substantial educational benefits flow environment male female replicated coeducational setting emphasis added evidence th case example virtually uncontradicted effect ibid quite recently public officials attempted institute new programs least experiments example detroit board education announced program establish three schools youth met lawsuit preliminary injunction swiftly entered district purported rely hogan see garrett board education school dist detroit supp ed detroit board education voted abandon litigation thus abandon plan see detroit plan aid blacks schools abandoned los angeles times today opinion assures experiment tried adverts private education briefly make assertion mentioned address specifically educational opportunity recognized district appeals unique ante already remarked see supra assurance assures nothing unless taken promise future disclaim reasoning used today destroy vmi government briefs least purports address consequences attack vmi public support private education contends private colleges direct indirect beneficiaries government funding thereby necessarily converted state actors equal protection clause applicable see brief discussing kohn blum yaretsky true also virtually meaningless issue whether government assistance turns private colleges state actors whether government violating constitution providing state support colleges example norwood harrison saw room distinguish state operation racially segregated schools state support privately run segregated schools racial discrimination schools barred constitution also axiomatic state may induce encourage promote private persons accomplish constitutionally forbidden accomplish quoting lee macon county bd supp md see also cooper aaron state support segregated schools arrangement management funds property squared fourteenth amendment command state shall deny person within jurisdiction equal protection laws grove city college bell case arising title ix education amendments stating economic effect direct indirect assistance often indistinguishable government pressed oral argument concerning implications cases private education education unconstitutional stated implications disastrous since provide funding racially segregated private schools depend ing circumstances tr oral arg imagine circumstances might foolish administrators think assurance justice department outlive day made vmi think justice department unequivoca support standard case survive government loss courts hope private schools apply future principles law applied today substantial hope happy ashamed say today abandon principles law applied earlier cases positively invite private colleges rely upon assuring case unique advise foundation new college especially one expectation allowed receive government support soon abandon despair colleges already existence certainly possible write future opinion ignores broad principles law set forth today characterizes utterly dispositive opinion perceptions vmi uniquely prestigious institution conceived chauvinism etc join opinion justice brandeis said one happy incidents federal system single courageous state may citizens choose serve laboratory try novel social economic experiments without risk rest country new state ice liebmann dissenting opinion one unhappy incidents federal system acting members personal view make perfect union ante criterion slightly restrictive perfect world impose favored social economic dispositions nationwide today disposition others single term show places beyond power single courageous state introduce novel dispositions frowns upon reintroduce indeed even adhere disfavored dispositions centuries old see bmw north america gore romer evans sphere reserved people republic progressively narrowed course dissent referred approvingly opinion former colleague justice powell mississippi univ women hogan many points made dissent apply equal force particular criticism judicial opinions purport narro whose logic sweepin one statement agree justice powell observed decision hogan struck program offered mississippi university women thereby eft without honor element diversity characterized much american education enriched much american life today decision leave vmi without honor opinion odd sort way precisely vmi attachment concepts manly honor made system represents target today succeed abolishing public education record contains booklet vmi students rats required keep possession times near end appears following entitled code gentleman without strict observance fundamental code honor man matter polished considered gentleman honor gentleman demands inviolability word incorruptibility principles descendant knight crusader defender defenseless champion justice gentleman discuss family affairs public acquaintances speak casually girl friend go lady house affected alcohol temperate use alcohol lose temper exhibit anger fear hate embarrassment ardor hilarity public hail lady club window gentleman never discusses merits demerits lady mention names exactly avoids mention things cost borrow money friend except dire need money borrowed debt honor must repaid promptly possible debts incurred deceased parent brother sister grown child assumed honorable men debt honor display wealth money possessions put manners whether club ballroom treats people courtesy matter social position may slap strangers back much lay finger lady lick boots kick face social ladder take advantage another helplessness ignorance assumes gentleman take advantage gentleman respects reserves others demands others respect gentleman become wills know whether men vmi lived code perhaps powerfully impressive public institution higher education still existence sought think us women included better destruction footnotes together virginia et al also certiorari civil war school teaching became field dominated women see scott southern lady pedestal politics historically virginia public colleges universities however except vmi become coeducational supp wd example virginia legislature incorporated farmville female seminary association year vmi opened acts ch originally providing instruction english latin greek french piano home atmosphere sprague longwood college history longwood college farmville female seminary became public institution mission train white female teachers public schools acts ch school became longwood college longwood college introduced coeducation district allowed vmi foundation vmi alumni association intervene defendants six judges voted rehear case en banc four voted rehearing three recused fourth circuit local rule permits rehearing en banc vote majority circuit judges regular active service currently without regard recusals see thomas jefferson stated view prevailing constitution new state pure democracy yet excluded deliberations women prevent depravation morals ambiguity issue mix promiscuously public meetings men letter thomas jefferson samuel kercheval writings thomas jefferson ford ed several amici urged diversity educational opportunities altogether appropriate governmental pursuit singlesex schools contribute importantly diversity indeed mission schools dissipate rather perpetuate traditional gender classifications see brief private women colleges amici curiae question state prerogative evenhandedly support diverse educational opportunities address specifically educational opportunity recognized district appeals unique see opportunity available virginia premier military institute state sole public university college cf mississippi univ women hogan mississippi maintains public university college thus faced question whether provide separate equal undergraduate institutions males point dissent sees fire flame see post men women benefit education district recognized although beneficial effects education added apparently stronger among women among men challenge recognition cf jencks riesman academic revolution pluralistic argument preserving colleges uncomfortably similar pluralistic argument preserving colleges college relatively easy defend emerged world women established fully equal men therefore likely witting unwitting device preserving tacit assumptions male women must eventually pay virginia superintendent public instruction dismissed coeducational idea repugnant prejudices people proposed female college similar quality girton smith vassar history women education quoting report commissioner education doc see post forecasts kind made regarding admission women federal military academies see hearings et al subcommittee military personnel house committee armed services statement clark superintendent air force academy considered judgment introduction female cadets inevitably erode vital atmosphere statement hon callaway secretary army admitting women west point irrevocably change academy spartan important producing final surely diluted probability see describing testimony expert witness david riesman vmi admit women eventually find necessary drop adversative system altogether adopt system provides nurturing support judgments attended impeded women progress toward full citizenship stature throughout nation history speaking support higher education females example virginia state senator smith nelson recounted legislation proposed protect property rights women encountered resistance educ senator opposing measures objected formal call legislation depicted burning eloquence terrible consequences laws produce ibid legislation passed year later sponsor smith reported one forecast terrible consequences ever happen even unto sounding gabriel trumpet ibid see also supra women cadets graduated top class every federal military academy see brief lieutenant colonel rhonda cornum et al amici curiae cf defense advisory committee women services report integration performance women west point brief lieutenant colonel rhonda cornum supra reporting vital contributions courageous performance women military see mintz president nominates woman rank general washington post mar announcing president nomination marine corps major general carol mutter rank lieutenant general mutter head corps manpower planning tousignant new era old guard washington post mar reporting admission sergeant heather johnsen elite infantry unit keeps vigil tomb unknowns arlington national cemetery inclusion women settings traditionally wanted inevitably entails period adjustment one west point cadet squad leader recounted classes see women women classes see classmates military academy vitters report admission women project athena ii internal quotation marks omitted vmi successfully managed another notable change school admitted first cadets see vmi story students longer sing dixie salute confederate flag tomb general robert lee ceremonies sports events district noted vmi established program retention black cadets designed offer academic support minority members dominantly white student body school maintains special recruitment program blacks district found little effect vmi method accomplishing mission earlier observed see supra judge phillips dissent measured virginia plan paradigm arrangement one survive equal protection scrutiny schools substantially comparable curricular programs funding physical plant administration support services faculty library resources cf bray lee supp mass holding inconsistent equal protection clause admission males boston boys latin school test score higher top score requiring score test least admission females girls latin school ordering coeducation measuring paradigm judge phillips said reveals far short virginia plan falls providing substantially equal tangible intangible educational benefits men women programs include honor system students vmi expelled forthwith honor code violations see system vwil students see less severe see tr testimony mary baldwin college president cynthia tyson admitting women vmi undoubtedly require alterations necessary afford members sex privacy sex living arrangements adjust aspects physical training programs see brief petitioner cf note following section academic standards women admitted military naval air force academies shall required male individuals except minimum essential adjustments standards required physiological differences male female individuals experience shows adjustments manageable see military academy vitters kinzer adams report admission women project athena longitudinal study admission women west point defense advisory committee women services report integration performance women west point virginia prime concern appears plac ing men women adversative relationship inherent vmi program destroy least period adversative training sense decency still permeates relationship sexes see supra ancient familiar fear compare lavinia goodell denying female applicant motion admission bar wisconsin explained discussions habitually necessary courts justice unfit female ears habitual presence women tend relax public sense decency propriety levine closing comments law inequality presentation eighth circuit judicial conference colorado springs colorado july footnotes omitted plato questioned whether women afforded equal opportunity become guardians elite rulers platonic society ironically undemocratic system government republic women native ability serve guardians seriously questioned concern wrestling exercise class candidates guardianship participate rigorous physical mental training prerequisites attain exalted status guardian accord greek custom exercise classes conducted nude plato concluded virtue clothe women nakedness platonic society thereby deprived talent qualified citizens reasons mere gender morris forging union see setting letter friend massachusetts patriot later second president john adams subject qualifications voting home state dangerous open fruitful source controversy altercation opened attempting alter qualifications voters end new claims arise women demand vote lads twelve think rights enough attended every man farthing demand equal voice acts state tends confound destroy distinctions prostrate ranks one common level letter john adams james sullivan may works john adams adams ed accord ante sum neither goal producing vmi raison vmi implementing methodology inherently unsuitable women internal quotation marks omitted emphasis added ante question whether state constitutionally deny women capacity training attendant opportunities vmi uniquely affords ante violation equal protection denied women ready willing able benefit educational opportunities kind vmi offers ante earlier stated see supra generalizations way women estimates appropriate women longer justify denying opportunity women whose talent capacity place outside average description statement supported evidence record demonstrating reference public private institutions virginia actively seeks foster rich heritage pluralism diversity higher education report virginia commission constitutional revision quoted relevant part lodged materials virginia views ne special characteristic virginia system diversity virginia plan higher education quoted relevant part lodged materials commonwealth view igher education resources viewed private virginia needs diversity inherent dual system higher education report general assembly commission higher education general assembly virginia quoted see also budget initiatives state council higher education virginia june budget initiatives quoted infra noted point crucial later discussion official reports quoted text regard commonwealth educational unitary one commonwealth provides tuition assistance scholarship grants guaranteed loans funds residents virginia attend private colleges commonwealth see code ann section supp tuition assistance grant act section virginia student assistance authorities section college scholarship assistance act section virginia scholars program section virginia program programs involve substantial expenditures example virginia appropriated counting federal funds also earmarked college scholarship assistance program tuition assistance grant program appropriated see appropriations act ch pt section addition parties stipulated district commonwealth provides financial support assistance private building loans services contracts programs see code ann section educational facilities authority act state council higher education virginia document created purposes litigation introduced evidence described various programs means commonwealth provide funding independent institutions thereby helping maintain diverse system higher education budget initiatives unfamiliar commonwealth policy diverse independent institutions event careless state local traditions must forgiven virginians quoting reference charlottesville campus university virginia see ante university virginia institution even older vmi though old another commonwealth universities college william mary occupies portion charlottesville known campus grounds importantly even campus need specify charlottesville campus one might refer bloomington indianapolis campus indiana university unlike university systems perhaps familiar new york state university new york binghamton buffalo illinois university illinois chicago california university california los angeles university california berkeley one university virginia happens thomas jefferson lived near located charlottesville many virginians known simply university suffices distinguish commonwealth institutions offering college instruction include christopher newport college clinch valley college college william mary george mason university james madison university longwood college mary washington university norfolk state university old dominion university radford university virginia commonwealth university virginia polytechnic institute state university virginia state course virginia military institute approach factfinding throughout contrary rule undertake review concurrent findings fact two courts absence obvious exceptional showing error graver tank mfg linde air products cases cited exemplified invocation experience federal military academies prove much change occur see ante fact district noted west point experience supported theory coeducational vmi adopt different system west point found necessary upon becoming coeducational move away adversative system without doubt vmi present methods training education changed west point accord upholding district findings unique characteristics vmi program including unique methodology destroyed coeducation incorrect suggesting appeals applied deferential brand review inconsistent exacting standard precedent requires ante inquir ed whether state objective legitimate important whether requisite direct substantial relationship objective means present quoting hogan sure review deferential degree new standard intermediate scrutiny evade point prove appeals deferential stating devised another test substantive comparability inquiry ante quoting explained substantive comparability inquiry additional step engrafted th traditional test intermediate scrutiny emphasis added concurrence read saying diversity rationale pretext discriminating women saying merely diversity rationale genuine ante makes disclaimer difficult credit inasmuch foundation conclusion diversity rationale genuin ante antecedent discussion virginia deliberate actions past century half based amiliar arguments sought enforce widely held views women proper place ante regard note concede obligation example program pass muster reasoning today even example football wrestling program theory woman ready willing physically able participate program constitutional matter entitled