OCTOBER TERM, 1995
UNITED STATES v. VIRGINIA ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No.94-1941. Argued January 17, 1996-Decided June 26,1996*
Virginia Military Institute (VMI) is the sole single-sex school among Virginia’s public institutions of higher learning. VMI’s distinctive mission is to produce “citizen-soldiers,” men prepared for leadership in civilian life and in military service. Using an “adversative method” of training not available elsewhere in Virginia, VMI endeavors to instill physical and mental discipline in its cadets and impart to them a strong moral code. Reflecting the high value alumni place on their VMI training, VMI has the largest per-student endowment of all public undergraduate institutions in the Nation. The United States sued Virginia and VMI, alleging that VMI’s exclusively male admission policy violated the Fourteenth Amendment’s Equal Protection Clause. The District Court ruled in VMI’s favor. The Fourth Circuit reversed and ordered Virginia to remedy the constitutional violation. In response, Virginia proposed a parallel program for women: Virginia Women’s Institute for Leadership (VWIL), located at Mary Baldwin College, a private liberal arts school for women. The District Court found that Virginia’s proposal satisfied the Constitution’s equal protection requirement, and the Fourth Circuit affirmed. The appeals court deferentially reviewed Virginia’s plan and determined that provision of single-gender educational options was a legitimate objective. Maintenance of single-sex programs, the court concluded, was essential to that objective. The court recognized, however, that its analysis risked bypassing equal protection scrutiny, so it fashioned an additional test, asking whether VMI and VWIL students would receive “substantively comparable” benefits. Although the Court of Appeals acknowledged that the VWIL degree lacked the historical benefit and prestige of a VMI degree, the court nevertheless found the educational opportunities at the two schools sufficiently comparable.
1. Parties who seek to defend gender-based government action must demonstrate an “exceedingly persuasive justification” for that action. E. g., Mississippi Univ. for Women v. Hogan, 458 U. S. 718,724. Nei-
*Together with No. 94-2107, Virginia et al. v. United States, also on certiorari to the same court.