In his recent Provocation, Claremont Institute Washington Fellow Scott Yenor savagely criticizes Justice Ruth Bader Ginsburg’s 1996 opinion in US v Virginia, writing that her opinion “banned single-sex education at Virginia Military Institute (VMI).” Yenor asserts that Ginsburg portrayed “single-sex institutions [as] artifacts of prejudice” and calls for a reversal of US v Virginia and the establishment of all-male military schools in the model of VMI pre-1996. The problem is that Yenor misrepresents what Justice Ginsburg actually said. Additionally, he does not even mention Chief Justice Rehnquist’s concurrence, which needed to be addressed for his argument to carry any weight.
Justice Ginsburg’s opinion begins by acknowledging that “Single-sex education affords pedagogical benefits to at least some students, Virginia emphasizes, and that reality is uncontested in this litigation.” Instead of admitting women to VMI, the Commonwealth offered women admission to the Virginia Women’s Institute for Leadership (VWIL), a women’s program based at Mary Baldwin College.


