United States v. Virginia

Date: June 26, 1996

Citation: 516 U.S. 2264

Issue: Sex discrimination

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

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

95330471-92660.jpg95330471-92661.jpg