Sex-specific education is needed to preserve America’s self-governing republic. Though many are only now rediscovering single-sex public schooling, there is still space for it to exist within the framework established by the Supreme Court’s 1996 United States v. Virginia decision, as I argue in a just-released Provocation for the Claremont Institute’s Center for the American Way of Life. In that decision, Justice Ruth Bader Ginsburg ruled for the 7-1 majority that the Virginia Military Institute (VMI), a public school, must admit women.
The Bush Administration sued VMI in the early 1990s, alleging that Virginia’s single-sex military school violated the 14th Amendment’s Equal Protection Clause. The Clinton Administration continued the case, and Virginia had to tailor its defense to the reigning civil rights framework. Since VMI’s discriminatory practices faced “intermediate scrutiny” from the courts, Virginia had to prove that its admissions policies supported practices that served important but gender-neutral educational goals.
Virginia asserted that men especially benefit from and are attracted to VMI’s distinctives, including its Marine-style, in-your-face “adversative” training methods, its lack of privacy, its egalitarian grooming and uniform standards, and its rigorous, stoical honor code.