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Sex & Gender Equality

United States v. Virginia (VMI)

Decided: 1996

In brief

Struck down the Virginia Military Institute's male-only admissions policy as unconstitutional sex discrimination.

The Court's ruling in depth

Justice Ginsburg's opinion required that sex-based classifications rest on an 'exceedingly persuasive justification' — an intensified formulation of intermediate scrutiny. Virginia's proposed parallel women's-only program was not a substantially equivalent alternative. VMI is the doctrinal capstone of the modern law of sex equality.

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