text:
Mississippi Univ. for Women v. Hogan, 458 U.S. 718 (1982)
Supreme Court of the United States
Filed: July 1st, 1982
Precedential Status: Precedential
Citations: 458 U.S. 718, 102 S. Ct. 3331, 73 L. Ed. 2d 1090, 1982 U.S. LEXIS 157
Docket Number: 81-406
Supreme Court Database ID: 1981-170
Judges: O'Connor

458 U.S. 718 (1982)
MISSISSIPPI UNIVERSITY FOR WOMEN ET AL.
v.
HOGAN.

No. 81-406.
Supreme Court of the United States.

Argued March 22, 1982.
Decided July 1, 1982.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
*719 Hunter M. Gholson argued the cause for petitioners. With him on the briefs were Bill Attain, Attorney General of Mississippi, and Ed Davis Noble, Jr., Assistant Attorney General.

Wilbur O. Colom argued the cause for respondent. With him on the brief was W. Wayne Drinkwater, Jr.[*]

JUSTICE O'CONNOR delivered the opinion of the Court.

This case presents the narrow issue of whether a state statute that excludes males from enrolling in a state-supported professional nursing school violates the Equal Protection Clause of the Fourteenth Amendment.

I

The facts are not in dispute. In 1884, the Mississippi Legislature created the Mississippi Industrial Institute and College *720 for the Education of White Girls of the State of Mississippi, now the oldest state-supported all-female college in the United States. 1884 Miss. Gen. Laws, Ch. 30, § 6. The school, known today as Mississippi University for Women (MUW), has from its inception limited its enrollment to women.[1]

In 1971, MUW established a School of Nursing, initially offering a 2-year associate degree. Three years later, the school instituted a 4-year baccalaureate program in nursing and today also offers a graduate program. The School of Nursing has its own faculty and administrative officers and establishes its own criteria for admission.[2]

Respondent, Joe Hogan, is a registered nurse but does not hold a baccalaureate degree in nursing. Since 1974, he has worked as a nursing supervisor in a medical center in Columbus, the city in which MUW is located. In 1979, Hogan applied for admission to the MUW School of Nursing's baccalaureate program.[3] Although he was otherwise qualified, he *721 was denied admission to the School of Nursing solely because of his sex. School officials informed him that he could audit the courses in which he was interested, but could not enroll for credit. Tr. 26.[4]

Hogan filed an action in the United States District Court for the Northern District of Mississippi, claiming the single-sex admissions policy of MUW's School of Nursing violated the Equal Protection Clause of the Fourteenth Amendment. Hogan sought injunctive and declaratory relief, as well as compensatory damages.

Following a hearing, the District Court denied preliminary injunctive relief. App. to Pet. for Cert. A4. The court concluded that maintenance of MUW as a single-sex school bears a rational relationship to the State's legitimate interest "in providing the greatest practical range of educational opportunities for its female student population." Id., at A3. Furthermore, the court stated, the admissions policy is not arbitrary because providing single-sex schools is consistent with a respected, though by no means universally accepted, educational theory that single-sex education affords unique benefits to students. Ibid. Stating that the case presented no issue of fact, the court informed Hogan that it would enter summary judgment dismissing his claim unless he tendered a factual issue. When Hogan offered no further evidence, the District Court entered summary judgment in favor of the State. Record 73.

The Court of Appeals for the Fifth Circuit reversed, holding that, because the admissions policy discriminates on the basis of gender, the District Court improperly used a "rational relationship" test to judge the constitutionality of the policy. 646 F.2d 1116, 1118 (1981). Instead, the Court of Appeals stated, the proper test is whether the State has carried the heavier burden of showing that the gender-based classification is substantially related to an important governmental *722 objective. Id., at 1118, 1119. Recognizing that the State has a significant interest in providing educational opportunities for all its citizens, the court then found that the State had failed to show that providing a unique educational opportunity for females, but not for males, bears a substantial relationship to that interest. Id., at 1119. Holding that the policy excluding Hogan because of his sex denies him equal protection of the laws, the court vacated the summary judgment entered against Hogan as to his claim for monetary damages, and remanded for entry of a declaratory judgment in conformity with its opinion and for further appropriate proceedings. Id., at 1119-1120.

On rehearing, the State contended that Congress, in enacting §901(a)(5) of Title IX of the Education Amendments of 1972, Pub. L. 92-318, 86 Stat. 373,  20 U.S. C. § 1681 et seq., expressly had authorized MUW to continue its single-sex admissions policy by exempting public undergraduate institutions that traditionally have used single-sex admissions policies from the gender discrimination prohibition of Title IX.[5] Through that provision, the State argued, Congress limited the reach of the Fourteenth Amendment by exercising *723 its power under § 5 of the Amendment.[6] The Court of Appeals rejected the argument, holding that § 5 of the Fourteenth Amendment does not grant Congress power to authorize States to maintain practices otherwise violative of the Amendment. 653 F.2d 222 (1981).

We granted certiorari, 454 U.S. 962 (1981), and now affirm the judgment of the Court of Appeals.[7]

II

We begin our analysis aided by several firmly established principles. Because the challenged policy expressly discriminates among applicants on the basis of gender, it is subject to scrutiny under the Equal Protection Clause of the Fourteenth Amendment. Reed v. Reed, 404 U.S. 71, 75 (1971). That this statutory policy discriminates against males rather than against females does not exempt it from scrutiny or reduce the standard of review.[8]Caban v. Mohammed, *724 441 U.S. 380, 394 (1979); Orr v. Orr, 440 U.S. 268, 279 (1979). Our decisions also establish that the party seeking to uphold a statute that classifies individuals on the basis of their gender must carry the burden of showing an "exceedingly persuasive justification" for the classification. Kirchberg v. Feenstra, 450 U.S. 455, 461 (1981); Personnel Administrator of Mass. v. Feeney, 442 U.S. 256, 273 (1979). The burden is met only by showing at least that the classification serves "important governmental objectives and that the discriminatory means employed" are "substantially related to the achievement of those objectives." Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142, 150 (1980).[9]

Although the test for determining the validity of a gender-based classification is straightforward, it must be applied free *725 of fixed notions concerning the roles and abilities of males and females. Care must be taken in ascertaining whether the statutory objective itself reflects archaic and stereotypic notions. Thus, if the statutory objective is to exclude or "protect" members of one gender because they are presumed to suffer from an inherent handicap or to be innately inferior, the objective itself is illegitimate. See Frontiero v. Richardson, 411 U.S. 677, 684-685 (1973) (plurality opinion).[10]

If the State's objective is legitimate and important, we next determine whether the requisite direct, substantial relationship between objective and means is present. The purpose of requiring that close relationship is to assure that the *726 validity of a classification is determined through reasoned analysis rather than through the mechanical application of traditional, often inaccurate, assumptions about the proper roles of men and women.[11] The need for the requirement is amply revealed by reference to the broad range of statutes already invalidated by this Court, statutes that relied upon the simplistic, outdated assumption that gender could be used as a "proxy for other, more germane bases of classification," Craig v. Boren, 429 U.S. 190, 198 (1976), to establish a link between objective and classification.[12]

*727 Applying this framework, we now analyze the arguments advanced by the State to justify its refusal to allow males to enroll for credit in MUW's School of Nursing.

III

A

The State's primary justification for maintaining the single-sex admissions policy of MUW's School of Nursing is that it compensates for discrimination against women and, therefore, constitutes educational affirmative action. Brief for Petitioners 8.[13] As applied to the School of Nursing, we find the State's argument unpersuasive.

*728 In limited circumstances, a gender-based classification favoring one sex can be justified if it intentionally and directly assists members of the sex that is disproportionately burdened. See Schlesinger v. Ballard, 419 U.S. 498 (1975). However, we consistently have emphasized that "the mere recitation of a benign, compensatory purpose is not an automatic shield which protects against any inquiry into the actual purposes underlying a statutory scheme." Weinberger v. Wiesenfeld, 420 U.S. 636, 648 (1975). The same searching analysis must be made, regardless of whether the State's objective is to eliminate family controversy, Reed v. Reed, 404 U.S. 71 (1971), to achieve administrative efficiency, Frontiero v. Richardson, 411 U.S. 677 (1973), or to balance the burdens borne by males and females.

It is readily apparent that a State can evoke a compensatory purpose to justify an otherwise discriminatory classification only if members of the gender benefited by the classification actually suffer a disadvantage related to the classification. We considered such a situation in Califano v. Webster, 430 U.S. 313 (1977), which involved a challenge to a statutory classification that allowed women to eliminate more low-earning years than men for purposes of computing Social Security retirement benefits. Although the effect of the classification was to allow women higher monthly benefits than were available to men with the same earning history, we upheld the statutory scheme, noting that it took into account that women "as such have been unfairly hindered from earning as much as men" and "work[ed] directly to remedy" the resulting economic disparity. Id., at 318.

A similar pattern of discrimination against women influenced our decision in Schlesinger v. Ballard, supra. There, we considered a federal statute that granted female Naval officers a 13-year tenure of commissioned service before mandatory discharge, but accorded male officers only a 9-year tenure. We recognized that, because women were barred from combat duty, they had had fewer opportunities for promotion than had their male counterparts. By allowing *729 women an additional four years to reach a particular rank before subjecting them to mandatory discharge, the statute directly compensated for other statutory barriers to advancement.

In sharp contrast, Mississippi has made no showing that women lacked opportunities to obtain training in the field of nursing or to attain positions of leadership in that field when the MUW School of Nursing opened its door or that women currently are deprived of such opportunities. In fact, in 1970, the year before the School of Nursing's first class enrolled, women earned 94 percent of the nursing baccalaureate degrees conferred in Mississippi and 98.6 percent of the degrees earned nationwide. U. S. Dept. of Health, Education, and Welfare, Earned Degrees Conferred: 1969-1970, Institutional Data 388 (1972). That year was not an aberration; one decade earlier, women had earned all the nursing degrees conferred in Mississippi and 98.9 percent of the degrees conferred nationwide. U. S. Dept. of Health, Education, and Welfare, Earned Degrees Conferred, 1959-1960: Bachelor's and Higher Degrees 135 (1960). As one would expect, the labor force reflects the same predominance of women in nursing. When MUW's School of Nursing began operation, nearly 98 percent of all employed registered nurses were female.[14] United States Bureau of Census, 1981 Statistical Abstract of the United States 402 (1981).

Rather than compensate for discriminatory barriers faced by women, MUW's policy of excluding males from admission to the School of Nursing tends to perpetuate the stereotyped view of nursing as an exclusively woman's job.[15] By assuring *730 that Mississippi allots more openings in its state-supported nursing schools to women than it does to men, MUW's admissions policy lends credibility to the old view that women, not men, should become nurses, and makes the assumption that nursing is a field for women a self-fulfilling prophecy. See Stanton v. Stanton, 421 U.S. 7 (1975). Thus, we conclude that, although the State recited a "benign, compensatory purpose," it failed to establish that the alleged objective is the actual purpose underlying the discriminatory classification.[16]

The policy is invalid also because it fails the second part of the equal protection test, for the State has made no showing that the gender-based classification is substantially and directly related to its proposed compensatory objective. To the contrary, MUW's policy of permitting men to attend classes as auditors fatally undermines its claim that women, at least those in the School of Nursing, are adversely affected by the presence of men.

*731 MUW permits men who audit to participate fully in classes. Additionally, both men and women take part in continuing education courses offered by the School of Nursing, in which regular nursing students also can enroll. Deposition of Dr. James Strobel 56-60 and Deposition of Dean Annette K. Barrar 24-26. The uncontroverted record reveals that admitting men to nursing classes does not affect teaching style, Deposition of Nancy L. Herban 4, that the presence of men in the classroom would not affect the performance of the female nursing students, Tr. 61 and Deposition of Dean Annette K. Barrar 7-8, and that men in coeducational nursing schools do not dominate the classroom. Deposition of Nancy Herban 6. In sum, the record in this case is flatly inconsistent with the claim that excluding men from the School of Nursing is necessary to reach any of MUW's educational goals.

Thus, considering both the asserted interest and the relationship between the interest and the methods used by the State, we conclude that the State has fallen far short of establishing the "exceedingly persuasive justification" needed to sustain the gender-based classification. Accordingly, we hold that MUW's policy of denying males the right to enroll for credit in its School of Nursing violates the Equal Protection Clause of the Fourteenth Amendment.[17]

B

In an additional attempt to justify its exclusion of men from MUW's School of Nursing, the State contends that MUW is *732 the direct beneficiary "of specific congressional legislation which, on its face, permits the institution to exist as it has in the past." Brief for Petitioners 19. The argument is based upon the language of § 901(a) in Title IX of the Education Amendments of 1972, 20 U.S. C. § 1681(a). Although § 901(a) prohibits gender discrimination in education programs that receive federal financial assistance, subsection 5 exempts the admissions policies of undergraduate institutions "that traditionally and continually from [their] establishment [have] had a policy of admitting only students of one sex" from the general prohibition. See n. 5, supra. Arguing that Congress enacted Title IX in furtherance of its power to enforce the Fourteenth Amendment, a power granted by § 5 of that Amendment, the State would have us conclude that § 901(a)(5) is but "a congressional limitation upon the broad prohibitions of the Equal Protection Clause of the Fourteenth Amendment." Brief for Petitioners 20.

The argument requires little comment. Initially, it is far from clear that Congress intended, through § 901(a)(5), to exempt MUW from any constitutional obligation. Rather, Congress apparently intended, at most, to exempt MUW from the requirements of Title IX.

Even if Congress envisioned a constitutional exemption, the State's argument would fail. Section 5 of the Fourteenth Amendment gives Congress broad power indeed to enforce the command of the Amendment and "to secure to all persons the enjoyment of perfect equality of civil rights and the equal protection of the laws against State denial or invasion . . . ." Ex parte Virginia, 100 U.S. 339, 346 (1880). Congress' power under § 5, however, "is limited to adopting measures to enforce the guarantees of the Amendment; § 5 grants Congress no power to restrict, abrogate, or dilute these guarantees." Katzenbach v. Morgan, 384 U.S. 641, 651, n. 10 (1966). Although we give deference to congressional decisions and classifications, neither Congress nor a State can validate a law that denies the rights guaranteed by the Fourteenth *733 Amendment. See, e. g., Califano v. Goldfarb, 430 U.S. 199, 210 (1977); Williams v. Rhodes, 393 U.S. 23, 29 (1968).

The fact that the language of § 901(a)(5) applies to MUW provides the State no solace: "[A] statute apparently governing a dispute cannot be applied by judges, consistently with their obligations under the Supremacy Clause, when such an application of the statute would conflict with the Constitution. Marbury v. Madison, 1 Cranch 137 (1803)." Younger v. Harris, 401 U.S. 37, 52 (1971).

IV

Because we conclude that the State's policy of excluding males from MUW's School of Nursing violates the Equal Protection Clause of the Fourteenth Amendment, we affirm the judgment of the Court of Appeals.

It is so ordered.

CHIEF JUSTICE BURGER, dissenting.

I agree generally with JUSTICE POWELL'S dissenting opinion. I write separately, however, to emphasize that the Court's holding today is limited to the context of a professional nursing school. Ante, at 723, n. 7, 727. Since the Court's opinion relies heavily on its finding that women have traditionally dominated the nursing profession, see ante, at 729-731, it suggests that a State might well be justified in maintaining, for example, the option of an all-women's business school or liberal arts program.

JUSTICE BLACKMUN, dissenting.

Unless Mississippi University for Women wished to preserve a historical anachronism, one only states the obvious when he observes that the University long ago should have replaced its original statement of purpose and brought its corporate papers into the 20th century. It failed to do so and, perhaps in partial consequence, finds itself in this litigation, with the Court's opinion, ante, at 719-720, and n. 1, now *734 taking full advantage of that failure, to MUW's embarrassment and discomfiture.

Despite that failure, times have changed in the intervening 98 years. What was once an "Institute and College" is now a genuine university, with a 2-year School of Nursing established 11 years ago and then expanded to a 4-year baccalaureate program in 1974. But respondent Hogan "wants in" at this particular location in his home city of Columbus. It is not enough that his State of Mississippi offers baccalaureate programs in nursing open to males at Jackson and at Hattiesburg. Mississippi thus has not closed the doors of its educational system to males like Hogan. Assuming that he is qualified—and I have no reason whatsoever to doubt his qualifications—those doors are open and his maleness alone does not prevent his gaining the additional education he professes to seek.

I have come to suspect that it is easy to go too far with rigid rules in this area of claimed sex discrimination, and to lose—indeed destroy—values that mean much to some people by forbidding the State to offer them a choice while not depriving others of an alternative choice. JUSTICE POWELL in his separate opinion, post, p. 735, advances this theme well.

While the Court purports to write narrowly, declaring that it does not decide the same issue with respect to "separate but equal" undergraduate institutions for females and males, ante, at 720, n. 1, or with respect to units of MUW other than its School of Nursing, ante, at 723, n. 7, there is inevitable spillover from the Court's ruling today. That ruling, it seems to me, places in constitutional jeopardy any state-supported educational institution that confines its student body in any area to members of one sex, even though the State elsewhere provides an equivalent program to the complaining applicant. The Court's reasoning does not stop with the School of Nursing of the Mississippi University for Women.

I hope that we do not lose all values that some think are worthwhile (and are not based on differences of race or religion) *735 and relegate ourselves to needless conformity. The ringing words of the Equal Protection Clause of the Fourteenth Amendment—what JUSTICE POWELL aptly describes as its "liberating spirit," post, at 741—do not demand that price.

JUSTICE POWELL, with whom JUSTICE REHNQUIST joins, dissenting.

The Court's opinion bows deeply to conformity. Left without honor—indeed, held unconstitutional—is an element of diversity that has characterized much of American education and enriched much of American life. The Court in effect holds today that no State now may provide even a single institution of higher learning open only to women students. It gives no heed to the efforts of the State of Mississippi to provide abundant opportunities for young men and young women to attend coeducational institutions, and none to the preferences of the more than 40,000 young women who over the years have evidenced their approval of an all-women's college by choosing Mississippi University for Women (MUW) over seven coeducational universities within the State. The Court decides today that the Equal Protection Clause makes it unlawful for the State to provide women with a traditionally popular and respected choice of educational environment. It does so in a case instituted by one man, who represents no class, and whose primary concern is personal convenience.

It is undisputed that women enjoy complete equality of opportunity in Mississippi's public system of higher education. Of the State's 8 universities and 16 junior colleges, all except MUW are coeducational. At least two other Mississippi universities would have provided respondent with the nursing curriculum that he wishes to pursue.[1] No other *736 male has joined in his complaint. The only groups with any personal acquaintance with MUW to file amicus briefs are female students and alumnae of MUW. And they have emphatically rejected respondent's arguments, urging that the State of Mississippi be allowed to continue offering the choice from which they have benefited.

Nor is respondent significantly disadvantaged by MUW's all-female tradition. His constitutional complaint is based upon a single asserted harm: that he must travel to attend the state-supported nursing schools that concededly are available to him. The Court characterizes this injury as one of "inconvenience." Ante, at 724, n. 8. This description is fair and accurate, though somewhat embarrassed by the fact that there is, of course, no constitutional right to attend a state-supported university in one's home town. Thus the Court, to redress respondent's injury of inconvenience, must rest its invalidation of MUW's single-sex program on a mode of "sexual stereotype" reasoning that has no application whatever to the respondent or to the "wrong" of which he complains. At best this is anomalous. And ultimately the anomaly reveals legal error—that of applying a heightened equal protection standard, developed in cases of genuine sexual stereotyping, to a narrowly utilized state classification that provides an additional choice for women. Moreover, I believe that Mississippi's educational system should be upheld in this case even if this inappropriate method of analysis is applied.

I

Coeducation, historically, is a novel educational theory. From grade school through high school, college, and graduate and professional training, much of the Nation's population during much of our history has been educated in sexually segregated classrooms. At the college level, for instance, until recently some of the most prestigious colleges and universities—including *737 most of the Ivy League—had long histories of single-sex education. As Harvard, Yale, and Princeton remained all-male colleges well into the second half of this century, the "Seven Sister" institutions established a parallel standard of excellence for women's colleges. Of the Seven Sisters, Mount Holyoke opened as a female seminary in 1837 and was chartered as a college in 1888. Vassar was founded in 1865, Smith and Wellesley in 1875, Radcliffe in 1879, Bryn Mawr in 1885, and Barnard in 1889. Mount Holyoke, Smith, and Wellesley recently have made considered decisions to remain essentially single-sex institutions. See Carnegie Commission on Higher Education, Opportunities for Women in Higher Education 70-75 (1973) (Carnegie Report), excerpted in B. Babcock, A. Freedman, E. Norton, & S. Ross, Sex Discrimination and the Law 1013, 1014 (1975) (Babcock). Barnard retains its independence from Columbia, its traditional coordinate institution. Harvard and Radcliffe maintained separate admissions policies as recently as 1975.[2]

The sexual segregation of students has been a reflection of, rather than an imposition upon, the preference of those subject to the policy. It cannot be disputed, for example, that the highly qualified women attending the leading women's colleges could have earned admission to virtually any college of their choice.[3] Women attending such colleges have chosen *738 to be there, usually expressing a preference for the special benefits of single-sex institutions. Similar decisions were made by the colleges that elected to remain open to women only.[4]

The arguable benefits of single-sex colleges also continue to be recognized by students of higher education. The Carnegie Commission on Higher Education has reported that it "favor[s] the continuation of colleges for women. They provide an element of diversity . . . and [an environment in which women] generally . . . speak up more in their classes,. . . hold more positions of leadership on campus, . . . and . . . have more role models and mentors among women teachers and administrators." Carnegie Report, quoted in K. Davidson, R. Ginsburg, & H. Kay, Sex-Based Discrimination 814 (1975 ed.). A 10-year empirical study by the Cooperative Institutional Research Program of the American Counsel of Education and the University of California, Los Angeles, also has affirmed the distinctive benefits of single-sex colleges and universities. As summarized in A. Astin, Four Critical Years 232 (1977), the data established that

"[b]oth [male and female] single-sex colleges facilitate student involvement in several areas: academic, interaction with faculty, and verbal aggressiveness. . . . Men's and women's colleges also have a positive effect on intellectual self-esteem. Students at single-sex colleges are more satisfied than students at coeducational colleges *739 with virtually all aspects of college life . . . . The only area where students are less satisfied is social life."[5]
Despite the continuing expressions that single-sex institutions may offer singular advantages to their students, there is no doubt that coeducational institutions are far more numerous. But their numerical predominance does not establish—in any sense properly cognizable by a court—that individual preferences for single-sex education are misguided or illegitimate, or that a State may not provide its citizens with a choice.[6]

II

The issue in this case is whether a State transgresses the Constitution when—within the context of a public system that offers a diverse range of campuses, curricula, and educational *740 alternatives—it seeks to accommodate the legitimate personal preferences of those desiring the advantages of an all-women's college. In my view, the Court errs seriously by assuming—without argument or discussion—that the equal protection standard generally applicable to sex discrimination is appropriate here. That standard was designed to free women from "archaic and overbroad generalizations. . . ." Schlesinger v. Ballard, 419 U.S. 498, 508 (1975). In no previous case have we applied it to invalidate state efforts to expand women's choices. Nor are there prior sex discrimination decisions by this Court in which a male plaintiff, as in this case, had the choice of an equal benefit.

The cases cited by the Court therefore do not control the issue now before us. In most of them women were given no opportunity for the same benefit as men.[7] Cases involving male plaintiffs are equally inapplicable. In Craig v. Boren, 429 U.S. 190 (1976), a male under 21 was not permitted to buy beer anywhere in the State, and women were afforded no choice as to whether they would accept the "statistically measured but loose-fitting generalities concerning the drinking *741 tendencies of aggregate groups." Id., at 209. A similar situation prevailed in Orr v. Orr, 440 U.S. 268, 279 (1979), where men had no opportunity to seek alimony from their divorced wives, and women had no escape from the statute's stereotypical announcement of "the State's preference for an allocation of family responsibilities under which the wife plays a dependent role . . . ."[8]

By applying heightened equal protection analysis to this case,[9] the Court frustrates the liberating spirit of the Equal Protection Clause. It prohibits the States from providing women with an opportunity to choose the type of university they prefer. And yet it is these women whom the Court regards as the victims of an illegal, stereotyped perception of the role of women in our society. The Court reasons this way in a case in which no woman has complained, and the only complainant is a man who advances no claims on behalf of anyone else. His claim, it should be recalled, is not that he is being denied a substantive educational opportunity, or even the right to attend an all-male or a coeducational college. *742 See Brief for Respondent 24.[10] It is only that the colleges open to him are located at inconvenient distances.[11]

III

The Court views this case as presenting a serious equal protection claim of sex discrimination. I do not, and I would sustain Mississippi's right to continue MUW on a rational-basis analysis. But I need not apply this "lowest tier" of scrutiny. I can accept for present purposes the standard applied by the Court: that there is a gender-based distinction that must serve an important governmental objective by means that are substantially related to its achievement. E. g., Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142, 150 (1980). The record in this case reflects that MUW has a historic position in the State's educational system dating back to 1884. More than 2,000 women presently evidence their preference for MUW by having enrolled there. The choice is *743 one that discriminates invidiously against no one.[12] And the State's purpose in preserving that choice is legitimate and substantial. Generations of our finest minds, both among educators and students, have believed that single-sex, college-level institutions afford distinctive benefits. There are many persons, of course, who have different views. But simply because there are these differences is no reason— certainly none of constitutional dimension—to conclude that no substantial state interest is served when such a choice is made available.

In arguing to the contrary, the Court suggests that the MUW is so operated as to "perpetuate the stereotyped view of nursing as an exclusively women's job." Ante, at 729. But as the Court itself acknowledges, ante, at 720, MUW's School of Nursing was not created until 1971—about 90 years after the single-sex campus itself was founded. This hardly supports a link between nursing as a woman's profession and MUW's single-sex admission policy. Indeed, MUW's School of Nursing was not instituted until more than a decade after a separate School of Nursing was established at the coeducational University of Mississippi at Jackson. See University of Mississippi, 1982 Undergraduate Catalog 162. The School of Nursing makes up only one part—a relatively small part[13]—of MUW's diverse modern university campus and curriculum. The other departments on the MUW campus offer a typical range of degrees[14] and a typical range of subjects.[15]*744 There is no indication that women suffer fewer opportunities at other Mississippi state campuses because of MUW's admission policy.[16]

In sum, the practice of voluntarily chosen single-sex education is an honored tradition in our country, even if it now rarely exists in state colleges and universities. Mississippi's accommodation of such student choices is legitimate because it is completely consensual and is important because it permits students to decide for themselves the type of college education they think will benefit them most. Finally, Mississippi's policy is substantially related to its long-respected objective.[17]

*745 IV

A distinctive feature of America's tradition has been respect for diversity. This has been characteristic of the peoples from numerous lands who have built our country. It is the essence of our democratic system. At stake in this case as I see it is the preservation of a small aspect of this diversity. But that aspect is by no means insignificant, given our heritage of available choice between single-sex and coeducational institutions of higher learning. The Court answers that there is discrimination—not just that which may be tolerable, as for example between those candidates for admission able to contribute most to an educational institution and those able to contribute less—but discrimination of constitutional dimension. But, having found "discrimination," the Court finds it difficult to identify the victims. It hardly can claim that women are discriminated against. A constitutional case is held to exist solely because one man found it inconvenient to travel to any of the other institutions made available to him by the State of Mississippi. In essence he insists that he has a right to attend a college in his home community. This simply is not a sex discrimination case. The Equal Protection Clause was never intended to be applied to this kind of case.[18]

NOTES

[*] Zona Fairbanks Hostetler, Suellen Terrill Keiner, Phyllis N. Segal, Marcia D. Greenberger, and Judith L. Lichtman filed a brief for the National Women's Law Center et al. as amici curiae urging affirmance.

[1] The charter of MUW, basically unchanged since its founding, now provides:

"The purpose and aim of the Mississippi State College for Women is the moral and intellectual advancement of the girls of the state by the maintenance of a first-class institution for their education in the arts and sciences, for their training in normal school methods and kindergarten, for their instruction in bookkeeping, photography, stenography, telegraphy, and typewriting, and in designing, drawing, engraving, and painting, and their industrial application, and for their instruction in fancy, general and practical needlework, and in such other industrial branches as experience, from time to time, shall suggest as necessary or proper to fit them for the practical affairs of life." Miss. Code Ann. § 37-117-3 (1972).

Mississippi maintains no other single-sex public university or college. Thus, we are not faced with the question of whether States can provide "separate but equal" undergraduate institutions for males and females. Cf. Vorchheimer v. School District of Philadelphia, 532 F.2d 880 (CA3 1975), aff'd by an equally divided Court, 430 U.S. 703 (1977).

[2] Record, Exhibit 1, 1980-1981 Bulletin of Mississippi University for Women 31-34, 212-229.

[3] With a baccalaureate degree, Hogan would be able to earn a higher salary and would be eligible to obtain specialized training as an anesthetist. Tr. 18.

[4] Dr. James Strobel, President of MUW, verified that men could audit the equivalent of a full classload in either night or daytime classes. Id., at 39-40.

[5] Section 901(a) of Title IX, Education Amendments of 1972, Pub. L. 92-318, 86 Stat. 373, 20 U.S. C. § 1681(a), provides in part:

"(a) No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

"(1) ... in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

. . . . .

"(5)... in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex...."

[6] Section 5 of the Fourteenth Amendment provides:

"The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

[7] Although some statements in the Court of Appeals' decision refer to all schools within MUW, see 646 F. 2d, at 1119, the factual underpinning of Hogan's claim for relief involved only his exclusion from the nursing program, Complaint ¶ 8-10, and the Court of Appeals' holding applies only to Hogan's individual claim for relief. 646 F. 2d, at 1119-1120. Additionally, during oral argument, counsel verified that Hogan sought only admission to the School of Nursing. Tr. of Oral Arg. 24. Because Hogan's claim is thus limited, and because we review judgments, not statements in opinions, Black v. Cutter Laboratories, 351 U.S. 292 (1956), we decline to address the question of whether MUW's admissions policy, as applied to males seeking admission to schools other than the School of Nursing, violates the Fourteenth Amendment.

[8] Without question, MUW's admissions policy worked to Hogan's disadvantage. Although Hogan could have attended classes and received credit in one of Mississippi's state-supported coeducational nursing programs, none of which was located in Columbus, he could attend only by driving a considerable distance from his home. Tr. 19-20, 63-65. A similarly situated female would not have been required to choose between forgoing credit and bearing that inconvenience. Moreover, since many students enrolled in the School of Nursing hold full-time jobs, Deposition of Dean Annette K. Barrar 29-30, Hogan's female colleagues had available an opportunity, not open to Hogan, to obtain credit for additional training. The policy of denying males the right to obtain credit toward a baccalaureate degree thus imposed upon Hogan "a burden he would not bear were he female." Orr v. Orr, 440 U.S. 268, 273 (1979).

[9] In his dissenting opinion, JUSTICE POWELL argues that a less rigorous test should apply because Hogan does not advance a "serious equal protection claim." Post, at 742. JUSTICE BLACKMUN, without proposing an alternative test, labels the test applicable to gender-based discrimination as "rigid" and productive of "needless conformity." Post, at 734, 735. Our past decisions establish, however, that when a classification expressly discriminates on the basis of gender, the analysis and level of scrutiny applied to determine the validity of the classification do not vary simply because the objective appears acceptable to individual Members of the Court. While the validity and importance of the objective may affect the outcome of the analysis, the analysis itself does not change.

Thus, we apply the test previously relied upon by the Court to measure the constitutionality of gender-based discrimination. Because we conclude that the challenged statutory classification is not substantially related to an important objective, we need not decide whether classifications based upon gender are inherently suspect. See Stanton v. Stanton, 421 U.S. 7, 13 (1975).

[10] History provides numerous examples of legislative attempts to exclude women from particular areas simply because legislators believed women were less able than men to perform a particular function. In 1873, this Court remained unmoved by Myra Bradwell's argument that the Fourteenth Amendment prohibited a State from classifying her as unfit to practice law simply because she was female. Bradwell v. Illinois, 16 Wall. 130 (1873). In his opinion concurring in the judgment, Justice Bradley described the reasons underlying the State's decision to determine which positions only men could fill:

"It is the prerogative of the legislator to prescribe regulations founded on nature, reason, and experience for the due admission of qualified persons to professions and callings demanding special skill and confidence. This fairly belongs to the police power of the State; and, in my opinion, in view of the peculiar characteristics, destiny, and mission of woman, it is within the province of the legislature to ordain what offices, positions, and callings shall be filled and discharged by men, and shall receive the benefit of those energies and responsibilities, and that decision and firmness which are presumed to predominate in the sterner sex." Id., at 142.

In a similar vein, the Court in Goesaert v. Cleary, 335 U.S. 464, 466 (1948), upheld a legislature's right to preclude women from bartending, except under limited circumstances, on the ground that the legislature could devise preventive measures against "moral and social problems" that result when women, but apparently not men, tend bar. Similarly, the many protective labor laws enacted in the late 19th and early 20th centuries often had as their objective the protection of weaker workers, which the laws assumed meant females. See generally B. Brown, A. Freedman, H. Katz, & A. Price, Women's Rights and the Law 209-210 (1977).

[11] For instance, in Stanton v. Stanton, supra, this Court invalidated a state statute that specified a greater age of majority for males than for females and thereby affected the period during which a divorced parent was responsible for supporting his children. We did not question the importance or validity of the State's interest in defining parents' obligation to support children during their minority. On analysis, however, we determined that the purported relationship between that objective and the gender-based classification was based upon traditional assumptions that "the female [is] destined solely for the home and the rearing of the family, and only the male for the marketplace and the world of ideas. . . . If a specified age of minority is required for the boy in order to assure him parental support while he attains his education and training, so, too, is it for the girl." 421 U. S., at 14-15. Once those traditional notions were abandoned, no basis for finding a substantial relationship between classification and objective remained.

[12] See, e. g., Kirchberg v. Feenstra, 450 U.S. 455 (1981) (statute granted only husbands the right to manage and dispose of jointly owned property without the spouse's consent); Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142 (1980) (statute required a widower, but not a widow, to show he was incapacitated from earning to recover benefits for a spouse's death under workers' compensation laws); Orr v. Orr, supra (only men could be ordered to pay alimony following divorce); Craig v. Boren, 429 U.S. 190 (1976) (women could purchase "nonintoxicating" beer at a younger age than could men); Stanton v. Stanton, supra (women reached majority at an earlier age than did men); Weinberger v. Wiesenfeld, 420 U.S. 636 (1975) (widows, but not widowers, could collect survivors' benefits under the Social Security Act); Frontiero v. Richardson, 411 U.S. 677 (1973) (determination of spouse's dependency based upon gender of member of Armed Forces claiming dependency benefits); Reed v. Reed, 404 U.S. 71 (1971) (statute preferred men to women as administrators of estates).

[13] In the reply brief, the State understandably retreated from its contention that MUW was founded to provide opportunities for women which were not available to men. Reply Brief for Petitioners 4. Apparently, the impetus for founding MUW came not from a desire to provide women with advantages superior to those offered men, but rather from a desire to provide white women in Mississippi access to state-supported higher learning. In 1856, Sally Reneau began agitating for a college for white women. Those initial efforts were unsuccessful, and, by 1870, Mississippi provided higher education only for white men and black men and women. E. Mayes, History of Education in Mississippi 178, 228, 245, 259, 266, 270 (1899) (hereinafter Mayes). See also S. Neilson, The History of Mississippi State College for Women 4-5 (unpublished manuscript, 1952) (hereinafter Neilson). In 1882, two years before MUW was chartered, the University of Mississippi opened its doors to women. However, the institution was in those early years not "extensively patronized by females; most of those who come being such as desire to qualify themselves to teach." Mayes, at 178. By 1890, the largest number of women in any class at the University had been 23, while nearly 350 women enrolled in the first session of MUW. Id., at 178, 253. Because the University did not solicit the attendance of women until after 1920, and did not accept women at all for a time between 1907 and 1920, most Mississippi women who attended college attended MUW. Neilson, at 86. Thus, in Mississippi, as elsewhere in the country, women's colleges were founded to provide some form of higher education for the academically disenfranchised. See generally 2 T. Woody, A History of Women's Education in the United States 137-223 (1929); L. Baker, I'm Radcliffe! Fly Me! The Seven Sisters and the Failure of Women's Education 22, 136-141 (1976).

[14] Relatively little change has taken place during the past 10 years. In 1980, women received more than 94 percent of the baccalaureate degrees conferred nationwide, National Center for Education Statistics, 1981 Digest of Education Statistics 121 (1981), and constituted 96.5 percent of the registered nurses in the labor force. United States Bureau of Census, 1981 Statistical Abstract of the United States 402 (1981).

[15] Officials of the American Nurses Association have suggested that excluding men from the field has depressed nurses' wages. Hearings before the United States Equal Employment Opportunity Commission on Job Segregation and Wage Discrimination 510-511, 517-518, 523 (Apr. 1980). To the extent the exclusion of men has that effect, MUW's admissions policy actually penalizes the very class the State purports to benefit. Cf. Weinberger v. Wiesenfeld, 420 U.S. 636 (1975).

[16] Even were we to assume that discrimination against women affects their opportunity to obtain an education or to obtain leadership roles in nursing, the challenged policy nonetheless would be invalid, for the State has failed to establish that the legislature intended the single-sex policy to compensate for any perceived discrimination. Cf. Califano v. Webster, 430 U.S. 313, 318 (1977) (legislative history of the compensatory statute revealed that Congress "directly addressed the justification for differing treatment of men and women" and "purposely enacted the more favorable treatment for female wage earners. . ."). The State has provided no evidence whatever that the Mississippi Legislature has ever attempted to justify its differing treatment of men and women seeking nurses' training. Indeed, the only statement of legislative purpose is that in § 37-117-3 of the Mississippi Code, see n. 1, supra, a statement that relies upon the very sort of archaic and overbroad generalizations about women that we have found insufficient to justify a gender-based classification. E. g., Orr v. Orr, 440 U.S. 268 (1979); Stanton v. Stanton, 421 U.S. 7 (1975).

[17] JUSTICE POWELL's dissent suggests that a second objective is served by the gender-based classification in that Mississippi has elected to provide women a choice of educational environments. Post, at 742-744. Since any gender-based classification provides one class a benefit or choice not available to the other class, however, that argument begs the question. The issue is not whether the benefited class profits from the classification, but whether the State's decision to confer a benefit only upon one class by means of a discriminatory classification is substantially related to achieving a legitimate and substantial goal.

[1] "[T]wo other Mississippi universities offered coeducational programs leading to a Bachelor of Science in Nursing—the University of Southern Mississippi in Hattiesburg, 178 miles from Columbus; and the University of Mississippi in Jackson, 147 miles from Columbus . . . ." Brief for Respondent 3. See also Tr. of Oral Arg. 8.

[2] The history, briefly summarized above, of single-sex higher education in the Northeast is duplicated in other States. I mention only my State of Virginia, where even today Hollins College, Mary Baldwin College, Randolph Macon Woman's College, and Sweet Briar College remain all women's colleges. Each has a proud and respected reputation of quality education.

[3] It is true that historically many institutions of higher education— particularly in the East and South—were single-sex. To these extents, choices were by no means universally available to all men and women. But choices always were substantial, and the purpose of relating the experience of our country with single-sex colleges and universities is to document what should be obvious: generations of Americans, including scholars, have thought—wholly without regard to any discriminatory animus—that there were distinct advantages in this type of higher education.

[4] In announcing Wellesley's decision in 1973 to remain a women's college, President Barbara Newell said that "[t]he research we have clearly demonstrates that women's colleges produce a disproportionate number of women leaders and women in responsible positions in society; it does demonstrate that the higher proportion of women on the faculty the higher the motivation for women students." Carnegie Report, in Babcock, at 1014. Similarly rejecting coeducation in 1971, the Mount Holyoke Trustees Committee on Coeducation reported that "the conditions that historically justified the founding of women's colleges" continued to justify their remaining in that tradition. Ibid.

[5] In this Court the benefits of single-sex education have been asserted by the students and alumnae of MUW. One would expect the Court to regard their views as directly relevant to this case:

"[I]n the aspect of life known as courtship or mate-pairing, the American female remains in the role of the pursued sex, expected to adorn and groom herself to attract the male. Without comment on the common sense or equities of this social arrangement, it remains a sociological fact.

"An institution of collegiate higher learning maintained exclusively for women is uniquely able to provide the education atmosphere in which some, but not all, women can best attain maximum learning potential. It can serve to overcome the historic repression of the past and can orient a woman to function and achieve in the still male dominated economy. It can free its students of the burden of playing the mating game while attending classes, thus giving academic rather than sexual emphasis. Consequently, many such institutions flourish and their graduates make significant contributions to the arts, professions and business." Brief for Mississippi University for Women Alumnae Association as Amicus Curiae 2-3.

[6] "[T]he Constitution does not require that a classification keep abreast of the latest in educational opinion, especially when there remains a respectable opinion to the contrary . . . . Any other rule would mean that courts and not legislatures would determine all matters of public policy." Williams v. McNair, 316 F. Supp. 134, 137 (SC 1970) (footnote omitted), summarily aff'd, 401 U.S. 951 (1971).

[7] See Kirchberg v. Feenstra, 450 U.S. 455, 456 (1981) (invalidating statute "that gave husband, as `head and master' of property jointly owned with his wife, the unilateral right to dispose of such property without his spouse's consent"); Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142, 147 (1980) (invalidating law under which the benefits "that the working woman can expect to be paid to her spouse in the case of her work-related death are less than those payable to the spouse of the deceased male wage earner"); Stanton v. Stanton, 421 U.S. 7 (1975) (invalidating statute that provided a shorter period of parental support obligation for female children than for male children); Weinberger v. Wiesenfeld, 420 U.S. 636, 645 (1975) (invalidating statute that failed to grant a woman worker "the same protection which a similarly situated male worker would have received"); Frontiero v. Richardson, 411 U.S. 677, 683 (1973) (invalidating statute containing a "mandatory preference for male applicants"); Reed v. Reed, 404 U.S. 71, 74 (1971) (invalidating an "arbitrary preference established in favor of males" in the administration of decedent's estates).

[8] See also Caban v. Mohammed, 441 U.S. 380 (1979) (invalidating law that both denied men the opportunity—given to women—of blocking the adoption of his illegitimate child by means of withholding his consent, and did not permit men to counter the statute's generalization that the maternal role is more important to women than the paternal role is to men).

[9] Even the Court does not argue that the appropriate standard here is "strict scrutiny"—a standard that none of our "sex discrimination" cases ever has adopted. Sexual segregation in education differs from the tradition, typified by the decision in Plessy v. Ferguson, 163 U.S. 537 (1896), of "separate but equal" racial segregation. It was characteristic of racial segregation that segregated facilities were offered, not as alternatives to increase the choices available to blacks, but as the sole alternative. MUW stands in sharp contrast. Of Mississippi's 8 public universities and 16 public junior colleges, only MUW considers sex as a criterion for admission. Women consequently are free to select a coeducational education environment for themselves if they so desire; their attendance at MUW is not a matter of coercion.

[10] The Court says that "any gender-based classification provides one class a benefit or choice not available to the other class . . . ." Ante, at 731, n. 17. It then states that the issue "is not whether the benefited class profits from the classification, but whether the State's decision to confer a benefit only upon one class by means of a discriminatory classification is substantially related to achieving a legitimate and substantial goal." Ibid. (emphasis added). This is not the issue in this case. Hogan is not complaining about any benefit conferred upon women. Nor is he claiming discrimination because Mississippi offers no all-male college. As his brief states: "Joe Hogan does not ask to attend an all-male college which offers a Bachelor of Science in Nursing; he asks only to attend MUW." Brief for Respondent 24. And he asks this only for his personal convenience.

[11] Students in respondent's position, in "being denied the right to attend the State college in their home town, are treated no differently than are other students who reside in communities many miles distant from any State supported college or university. The location of any such institution must necessarily inure to the benefit of some and to the detriment of others, depending upon the distance the affected individuals reside from the institution." Heaton v. Bristol, 317 S.W.2d 86, 99 (Tex. Civ. App. 1958), cert. denied, 359 U.S. 230 (1959), quoted in Williams v. McNair, 316 F. Supp., at 137.

[12] "`Such a plan (i. e., giving the student a choice of a "single-sex" and coeducational institutions) exalts neither sex at the expense of the other, but to the contrary recognizes the equal rights of both sexes to the benefit of the best, most varied system of higher education that the State can supply.'" Williams v. McNair, supra, at 138, n. 15, quoting Heaton v. Bristol, supra, at 100.

[13] For instance, the School of Nursing takes up 15 pages of MUW's 234-page course catalog. See Mississippi University for Women, 81/82 Bulletin 185-200.

[14] E. g., Bachelor of Arts; Bachelor of Science; Master of Arts; Master of Science. See id., at 40. MUW also offers special preprofessional programs in law, dentistry, medicine, pharmacy, physical therapy, and veterinary medicine. Ibid.

[15] MUW's Bulletin in its Table of Contents lists the following subjects (offered in its School of Arts and Sciences): Air Force ROTC; Art; Behavioral Sciences; Biological Sciences; Business and Economics; Cooperative Education; English and Foreign Languages; Health, Physical Education, Recreation, and Dance; History, Journalism and Broadcasting; Mathematics; Music; Physical Sciences; and Speech Communication. See id., at 3.

[16] For instance, the catalog for the coeducational University of Mississippi lists in its general description the "Sarah Isom Center for Women's Studies," which is described as "dedicated to the development of curriculum and scholarship about women, the dissemination of information about their expanding career opportunities, and the establishment of mutual support networks for women of all ages and backgrounds." University of Mississippi, 1982 Undergraduate Catalog 13-14. This listing precedes information about the University's Law and Medical Centers. Id., at 14-15.

[17] The Court argues that MUW's means are not sufficiently related to its goal because it has allowed men to audit classes. The extent of record information is that men have audited 138 courses in the last 10 years. Brief for Respondent 21. On average, then, men have audited 14 courses a year. MUW's current annual catalog lists 913 courses offered in one year. See Mississippi University for Women, 81/82 Bulletin passim.

It is understandable that MUW might believe that it could allow men to audit courses without materially affecting its environment. MUW charges tuition but gives no academic credit for auditing. The University evidently is correct in believing that few men will choose to audit under such circumstances. This deviation from a perfect relationship between means and ends is insubstantial.

[18] The Court, in the opening and closing sentences and note 7 of its opinion, states the issue in terms only of a "professional nursing school" and "decline[s] to address the question of whether MUW's admissions policy, as applied to males seeking admission to schools other than the School of Nursing, violates the Fourteenth Amendment." This would be a welcome limitation if, in fact, it leaves MUW free to remain an all-women's university in each of its other schools and departments—which include four schools and more than a dozen departments. Cf. nn. 13-15, supra. The question the Court does not answer is whether MUW may remain a women's university in every respect except its School of Nursing. This is a critical question for this University and its responsible board and officials. The Court holds today that they have deprived Hogan of constitutional rights because MUW is adjudged guilty of sex discrimination. The logic of the Court's entire opinion, apart from its statements mentioned above, appears to apply sweepingly to the entire University. The exclusion of men from the School of Nursing is repeatedly characterized as "gender-based discrimination," subject to the same standard of analysis applied in previous sex discrimination cases of this Court. Nor does the opinion anywhere deny that this analysis applies to the entire University.

The Court nevertheless purports to decide this case "narrow[ly]." Normally and properly we decide only the question presented. It seems to me that in fact the issue properly before us is the single-sex policy of the University, and it is this issue that I have addressed in this dissent. The Court of Appeals so viewed this case, and unambiguously held that a single-sex state institution of higher education no longer is permitted by the Constitution. I see no principled way—in light of the Court's rationale—to reach a different result with respect to other MUW schools and departments. But given the Court's insistence that its decision applies only to the School of Nursing, it is my view that the Board and officials of MUW may continue to operate the remainder of the University on a single-sex basis without fear of personal liability. The standard of such liability is whether the conduct of the official "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The Court today leaves in doubt the reach of its decision.

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text: d

text: Instead

text: the

text: Court

text: of

text: Appeals

text: stated

text: the

text: proper

text: test

text: is

text: whether

text: the

text: State

text: has

text: carried

text: the

text: heavier

text: burden

text: of

text: showing

text: that

text: the

text: gender

text: based

text: classification

text: is

text: substantially

text: related

text: to

text: an

text: important

text: governmental

text: objective

text: Id

text: at

text: Recognizing

text: that

text: the

text: State

text: has

text: a

text: significant

text: interest

text: in

text: providing

text: educational

text: opportunities

text: for

text: all

text: its

text: citizens

text: the

text: court

text: then

text: found

text: that

text: the

text: State

text: had

text: failed

text: to

text: show

text: that

text: providing

text: a

text: unique

text: educational

text: opportunity

text: for

text: females

text: but

text: not

text: for

text: males

text: bears

text: a

text: substantial

text: relationship

text: to

text: that

text: interest

text: Id

text: at

text: Holding

text: that

text: the

text: policy

text: excluding

text: Hogan

text: because

text: of

text: his

text: sex

text: denies

text: him

text: equal

text: protection

text: of

text: the

text: laws

text: the

text: court

text: vacated

text: the

text: summary

text: judgment

text: entered

text: against

text: Hogan

text: as

text: to

text: his

text: claim

text: for

text: monetary

text: damages

text: and

text: remanded

text: for

text: entry

text: of

text: a

text: declaratory

text: judgment

text: in

text: conformity

text: with

text: its

text: opinion

text: and

text: for

text: further

text: appropriate

text: proceedings

text: Id

text: at

text: On

text: rehearing

text: the

text: State

text: contended

text: that

text: Congress

text: in

text: enacting

text: a

text: of

text: Title

text: IX

text: of

text: the

text: Education

text: Amendments

text: of

text: Pub

text: L

text: Stat

text: U

text: S

text: C

text: et

text: seq

text: expressly

text: had

text: authorized

text: MUW

text: to

text: continue

text: its

text: single

text: sex

text: admissions

text: policy

text: by

text: exempting

text: public

text: undergraduate

text: institutions

text: that

text: traditionally

text: have

text: used

text: single

text: sex

text: admissions

text: policies

text: from

text: the

text: gender

text: discrimination

text: prohibition

text: of

text: Title

text: IX

text: Through

text: that

text: provision

text: the

text: State

text: argued

text: Congress

text: limited

text: the

text: reach

text: of

text: the

text: Fourteenth

text: Amendment

text: by

text: exercising

text: its

text: power

text: under

text: of

text: the

text: Amendment

text: The

text: Court

text: of

text: Appeals

text: rejected

text: the

text: argument

text: holding

text: that

text: of

text: the

text: Fourteenth

text: Amendment

text: does

text: not

text: grant

text: Congress

text: power

text: to

text: authorize

text: States

text: to

text: maintain

text: practices

text: otherwise

text: violative

text: of

text: the

text: Amendment

text: F

text: d

text: We

text: granted

text: certiorari

text: U

text: S

text: and

text: now

text: affirm

text: the

text: judgment

text: of

text: the

text: Court

text: of

text: Appeals

text: II

text: We

text: begin

text: our

text: analysis

text: aided

text: by

text: several

text: firmly

text: established

text: principles

text: Because

text: the

text: challenged

text: policy

text: expressly

text: discriminates

text: among

text: applicants

text: on

text: the

text: basis

text: of

text: gender

text: it

text: is

text: subject

text: to

text: scrutiny

text: under

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: Reed

text: v

text: Reed

text: U

text: S

text: That

text: this

text: statutory

text: policy

text: discriminates

text: against

text: males

text: rather

text: than

text: against

text: females

text: does

text: not

text: exempt

text: it

text: from

text: scrutiny

text: or

text: reduce

text: the

text: standard

text: of

text: review

text: Caban

text: v

text: Mohammed

text: U

text: S

text: Orr

text: v

text: Orr

text: U

text: S

text: Our

text: decisions

text: also

text: establish

text: that

text: the

text: party

text: seeking

text: to

text: uphold

text: a

text: statute

text: that

text: classifies

text: individuals

text: on

text: the

text: basis

text: of

text: their

text: gender

text: must

text: carry

text: the

text: burden

text: of

text: showing

text: an

text: exceedingly

text: persuasive

text: justification

text: for

text: the

text: classification

text: Kirchberg

text: v

text: Feenstra

text: U

text: S

text: Personnel

text: Administrator

text: of

text: Mass

text: v

text: Feeney

text: U

text: S

text: The

text: burden

text: is

text: met

text: only

text: by

text: showing

text: at

text: least

text: that

text: the

text: classification

text: serves

text: important

text: governmental

text: objectives

text: and

text: that

text: the

text: discriminatory

text: means

text: employed

text: are

text: substantially

text: related

text: to

text: the

text: achievement

text: of

text: those

text: objectives

text: Wengler

text: v

text: Druggists

text: Mutual

text: Ins

text: Co

text: U

text: S

text: Although

text: the

text: test

text: for

text: determining

text: the

text: validity

text: of

text: a

text: gender

text: based

text: classification

text: is

text: straightforward

text: it

text: must

text: be

text: applied

text: free

text: of

text: fixed

text: notions

text: concerning

text: the

text: roles

text: and

text: abilities

text: of

text: males

text: and

text: females

text: Care

text: must

text: be

text: taken

text: in

text: ascertaining

text: whether

text: the

text: statutory

text: objective

text: itself

text: reflects

text: archaic

text: and

text: stereotypic

text: notions

text: Thus

text: if

text: the

text: statutory

text: objective

text: is

text: to

text: exclude

text: or

text: protect

text: members

text: of

text: one

text: gender

text: because

text: they

text: are

text: presumed

text: to

text: suffer

text: from

text: an

text: inherent

text: handicap

text: or

text: to

text: be

text: innately

text: inferior

text: the

text: objective

text: itself

text: is

text: illegitimate

text: See

text: Frontiero

text: v

text: Richardson

text: U

text: S

text: plurality

text: opinion

text: If

text: the

text: State

text: s

text: objective

text: is

text: legitimate

text: and

text: important

text: we

text: next

text: determine

text: whether

text: the

text: requisite

text: direct

text: substantial

text: relationship

text: between

text: objective

text: and

text: means

text: is

text: present

text: The

text: purpose

text: of

text: requiring

text: that

text: close

text: relationship

text: is

text: to

text: assure

text: that

text: the

text: validity

text: of

text: a

text: classification

text: is

text: determined

text: through

text: reasoned

text: analysis

text: rather

text: than

text: through

text: the

text: mechanical

text: application

text: of

text: traditional

text: often

text: inaccurate

text: assumptions

text: about

text: the

text: proper

text: roles

text: of

text: men

text: and

text: women

text: The

text: need

text: for

text: the

text: requirement

text: is

text: amply

text: revealed

text: by

text: reference

text: to

text: the

text: broad

text: range

text: of

text: statutes

text: already

text: invalidated

text: by

text: this

text: Court

text: statutes

text: that

text: relied

text: upon

text: the

text: simplistic

text: outdated

text: assumption

text: that

text: gender

text: could

text: be

text: used

text: as

text: a

text: proxy

text: for

text: other

text: more

text: germane

text: bases

text: of

text: classification

text: Craig

text: v

text: Boren

text: U

text: S

text: to

text: establish

text: a

text: link

text: between

text: objective

text: and

text: classification

text: Applying

text: this

text: framework

text: we

text: now

text: analyze

text: the

text: arguments

text: advanced

text: by

text: the

text: State

text: to

text: justify

text: its

text: refusal

text: to

text: allow

text: males

text: to

text: enroll

text: for

text: credit

text: in

text: MUW

text: s

text: School

text: of

text: Nursing

text: III

text: A

text: The

text: State

text: s

text: primary

text: justification

text: for

text: maintaining

text: the

text: single

text: sex

text: admissions

text: policy

text: of

text: MUW

text: s

text: School

text: of

text: Nursing

text: is

text: that

text: it

text: compensates

text: for

text: discrimination

text: against

text: women

text: and

text: therefore

text: constitutes

text: educational

text: affirmative

text: action

text: Brief

text: for

text: Petitioners

text: As

text: applied

text: to

text: the

text: School

text: of

text: Nursing

text: we

text: find

text: the

text: State

text: s

text: argument

text: unpersuasive

text: In

text: limited

text: circumstances

text: a

text: gender

text: based

text: classification

text: favoring

text: one

text: sex

text: can

text: be

text: justified

text: if

text: it

text: intentionally

text: and

text: directly

text: assists

text: members

text: of

text: the

text: sex

text: that

text: is

text: disproportionately

text: burdened

text: See

text: Schlesinger

text: v

text: Ballard

text: U

text: S

text: However

text: we

text: consistently

text: have

text: emphasized

text: that

text: the

text: mere

text: recitation

text: of

text: a

text: benign

text: compensatory

text: purpose

text: is

text: not

text: an

text: automatic

text: shield

text: which

text: protects

text: against

text: any

text: inquiry

text: into

text: the

text: actual

text: purposes

text: underlying

text: a

text: statutory

text: scheme

text: Weinberger

text: v

text: Wiesenfeld

text: U

text: S

text: The

text: same

text: searching

text: analysis

text: must

text: be

text: made

text: regardless

text: of

text: whether

text: the

text: State

text: s

text: objective

text: is

text: to

text: eliminate

text: family

text: controversy

text: Reed

text: v

text: Reed

text: U

text: S

text: to

text: achieve

text: administrative

text: efficiency

text: Frontiero

text: v

text: Richardson

text: U

text: S

text: or

text: to

text: balance

text: the

text: burdens

text: borne

text: by

text: males

text: and

text: females

text: It

text: is

text: readily

text: apparent

text: that

text: a

text: State

text: can

text: evoke

text: a

text: compensatory

text: purpose

text: to

text: justify

text: an

text: otherwise

text: discriminatory

text: classification

text: only

text: if

text: members

text: of

text: the

text: gender

text: benefited

text: by

text: the

text: classification

text: actually

text: suffer

text: a

text: disadvantage

text: related

text: to

text: the

text: classification

text: We

text: considered

text: such

text: a

text: situation

text: in

text: Califano

text: v

text: Webster

text: U

text: S

text: which

text: involved

text: a

text: challenge

text: to

text: a

text: statutory

text: classification

text: that

text: allowed

text: women

text: to

text: eliminate

text: more

text: low

text: earning

text: years

text: than

text: men

text: for

text: purposes

text: of

text: computing

text: Social

text: Security

text: retirement

text: benefits

text: Although

text: the

text: effect

text: of

text: the

text: classification

text: was

text: to

text: allow

text: women

text: higher

text: monthly

text: benefits

text: than

text: were

text: available

text: to

text: men

text: with

text: the

text: same

text: earning

text: history

text: we

text: upheld

text: the

text: statutory

text: scheme

text: noting

text: that

text: it

text: took

text: into

text: account

text: that

text: women

text: as

text: such

text: have

text: been

text: unfairly

text: hindered

text: from

text: earning

text: as

text: much

text: as

text: men

text: and

text: work

text: ed

text: directly

text: to

text: remedy

text: the

text: resulting

text: economic

text: disparity

text: Id

text: at

text: A

text: similar

text: pattern

text: of

text: discrimination

text: against

text: women

text: influenced

text: our

text: decision

text: in

text: Schlesinger

text: v

text: Ballard

text: supra

text: There

text: we

text: considered

text: a

text: federal

text: statute

text: that

text: granted

text: female

text: Naval

text: officers

text: a

text: year

text: tenure

text: of

text: commissioned

text: service

text: before

text: mandatory

text: discharge

text: but

text: accorded

text: male

text: officers

text: only

text: a

text: year

text: tenure

text: We

text: recognized

text: that

text: because

text: women

text: were

text: barred

text: from

text: combat

text: duty

text: they

text: had

text: had

text: fewer

text: opportunities

text: for

text: promotion

text: than

text: had

text: their

text: male

text: counterparts

text: By

text: allowing

text: women

text: an

text: additional

text: four

text: years

text: to

text: reach

text: a

text: particular

text: rank

text: before

text: subjecting

text: them

text: to

text: mandatory

text: discharge

text: the

text: statute

text: directly

text: compensated

text: for

text: other

text: statutory

text: barriers

text: to

text: advancement

text: In

text: sharp

text: contrast

text: Mississippi

text: has

text: made

text: no

text: showing

text: that

text: women

text: lacked

text: opportunities

text: to

text: obtain

text: training

text: in

text: the

text: field

text: of

text: nursing

text: or

text: to

text: attain

text: positions

text: of

text: leadership

text: in

text: that

text: field

text: when

text: the

text: MUW

text: School

text: of

text: Nursing

text: opened

text: its

text: door

text: or

text: that

text: women

text: currently

text: are

text: deprived

text: of

text: such

text: opportunities

text: In

text: fact

text: in

text: the

text: year

text: before

text: the

text: School

text: of

text: Nursing

text: s

text: first

text: class

text: enrolled

text: women

text: earned

text: percent

text: of

text: the

text: nursing

text: baccalaureate

text: degrees

text: conferred

text: in

text: Mississippi

text: and

text: percent

text: of

text: the

text: degrees

text: earned

text: nationwide

text: U

text: S

text: Dept

text: of

text: Health

text: Education

text: and

text: Welfare

text: Earned

text: Degrees

text: Conferred

text: Institutional

text: Data

text: That

text: year

text: was

text: not

text: an

text: aberration

text: one

text: decade

text: earlier

text: women

text: had

text: earned

text: all

text: the

text: nursing

text: degrees

text: conferred

text: in

text: Mississippi

text: and

text: percent

text: of

text: the

text: degrees

text: conferred

text: nationwide

text: U

text: S

text: Dept

text: of

text: Health

text: Education

text: and

text: Welfare

text: Earned

text: Degrees

text: Conferred

text: Bachelor

text: s

text: and

text: Higher

text: Degrees

text: As

text: one

text: would

text: expect

text: the

text: labor

text: force

text: reflects

text: the

text: same

text: predominance

text: of

text: women

text: in

text: nursing

text: When

text: MUW

text: s

text: School

text: of

text: Nursing

text: began

text: operation

text: nearly

text: percent

text: of

text: all

text: employed

text: registered

text: nurses

text: were

text: female

text: United

text: States

text: Bureau

text: of

text: Census

text: Statistical

text: Abstract

text: of

text: the

text: United

text: States

text: Rather

text: than

text: compensate

text: for

text: discriminatory

text: barriers

text: faced

text: by

text: women

text: MUW

text: s

text: policy

text: of

text: excluding

text: males

text: from

text: admission

text: to

text: the

text: School

text: of

text: Nursing

text: tends

text: to

text: perpetuate

text: the

text: stereotyped

text: view

text: of

text: nursing

text: as

text: an

text: exclusively

text: woman

text: s

text: job

text: By

text: assuring

text: that

text: Mississippi

text: allots

text: more

text: openings

text: in

text: its

text: state

text: supported

text: nursing

text: schools

text: to

text: women

text: than

text: it

text: does

text: to

text: men

text: MUW

text: s

text: admissions

text: policy

text: lends

text: credibility

text: to

text: the

text: old

text: view

text: that

text: women

text: not

text: men

text: should

text: become

text: nurses

text: and

text: makes

text: the

text: assumption

text: that

text: nursing

text: is

text: a

text: field

text: for

text: women

text: a

text: self

text: fulfilling

text: prophecy

text: See

text: Stanton

text: v

text: Stanton

text: U

text: S

text: Thus

text: we

text: conclude

text: that

text: although

text: the

text: State

text: recited

text: a

text: benign

text: compensatory

text: purpose

text: it

text: failed

text: to

text: establish

text: that

text: the

text: alleged

text: objective

text: is

text: the

text: actual

text: purpose

text: underlying

text: the

text: discriminatory

text: classification

text: The

text: policy

text: is

text: invalid

text: also

text: because

text: it

text: fails

text: the

text: second

text: part

text: of

text: the

text: equal

text: protection

text: test

text: for

text: the

text: State

text: has

text: made

text: no

text: showing

text: that

text: the

text: gender

text: based

text: classification

text: is

text: substantially

text: and

text: directly

text: related

text: to

text: its

text: proposed

text: compensatory

text: objective

text: To

text: the

text: contrary

text: MUW

text: s

text: policy

text: of

text: permitting

text: men

text: to

text: attend

text: classes

text: as

text: auditors

text: fatally

text: undermines

text: its

text: claim

text: that

text: women

text: at

text: least

text: those

text: in

text: the

text: School

text: of

text: Nursing

text: are

text: adversely

text: affected

text: by

text: the

text: presence

text: of

text: men

text: MUW

text: permits

text: men

text: who

text: audit

text: to

text: participate

text: fully

text: in

text: classes

text: Additionally

text: both

text: men

text: and

text: women

text: take

text: part

text: in

text: continuing

text: education

text: courses

text: offered

text: by

text: the

text: School

text: of

text: Nursing

text: in

text: which

text: regular

text: nursing

text: students

text: also

text: can

text: enroll

text: Deposition

text: of

text: Dr

text: James

text: Strobel

text: and

text: Deposition

text: of

text: Dean

text: Annette

text: K

text: Barrar

text: The

text: uncontroverted

text: record

text: reveals

text: that

text: admitting

text: men

text: to

text: nursing

text: classes

text: does

text: not

text: affect

text: teaching

text: style

text: Deposition

text: of

text: Nancy

text: L

text: Herban

text: that

text: the

text: presence

text: of

text: men

text: in

text: the

text: classroom

text: would

text: not

text: affect

text: the

text: performance

text: of

text: the

text: female

text: nursing

text: students

text: Tr

text: and

text: Deposition

text: of

text: Dean

text: Annette

text: K

text: Barrar

text: and

text: that

text: men

text: in

text: coeducational

text: nursing

text: schools

text: do

text: not

text: dominate

text: the

text: classroom

text: Deposition

text: of

text: Nancy

text: Herban

text: In

text: sum

text: the

text: record

text: in

text: this

text: case

text: is

text: flatly

text: inconsistent

text: with

text: the

text: claim

text: that

text: excluding

text: men

text: from

text: the

text: School

text: of

text: Nursing

text: is

text: necessary

text: to

text: reach

text: any

text: of

text: MUW

text: s

text: educational

text: goals

text: Thus

text: considering

text: both

text: the

text: asserted

text: interest

text: and

text: the

text: relationship

text: between

text: the

text: interest

text: and

text: the

text: methods

text: used

text: by

text: the

text: State

text: we

text: conclude

text: that

text: the

text: State

text: has

text: fallen

text: far

text: short

text: of

text: establishing

text: the

text: exceedingly

text: persuasive

text: justification

text: needed

text: to

text: sustain

text: the

text: gender

text: based

text: classification

text: Accordingly

text: we

text: hold

text: that

text: MUW

text: s

text: policy

text: of

text: denying

text: males

text: the

text: right

text: to

text: enroll

text: for

text: credit

text: in

text: its

text: School

text: of

text: Nursing

text: violates

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: B

text: In

text: an

text: additional

text: attempt

text: to

text: justify

text: its

text: exclusion

text: of

text: men

text: from

text: MUW

text: s

text: School

text: of

text: Nursing

text: the

text: State

text: contends

text: that

text: MUW

text: is

text: the

text: direct

text: beneficiary

text: of

text: specific

text: congressional

text: legislation

text: which

text: on

text: its

text: face

text: permits

text: the

text: institution

text: to

text: exist

text: as

text: it

text: has

text: in

text: the

text: past

text: Brief

text: for

text: Petitioners

text: The

text: argument

text: is

text: based

text: upon

text: the

text: language

text: of

text: a

text: in

text: Title

text: IX

text: of

text: the

text: Education

text: Amendments

text: of

text: U

text: S

text: C

text: a

text: Although

text: a

text: prohibits

text: gender

text: discrimination

text: in

text: education

text: programs

text: that

text: receive

text: federal

text: financial

text: assistance

text: subsection

text: exempts

text: the

text: admissions

text: policies

text: of

text: undergraduate

text: institutions

text: that

text: traditionally

text: and

text: continually

text: from

text: their

text: establishment

text: have

text: had

text: a

text: policy

text: of

text: admitting

text: only

text: students

text: of

text: one

text: sex

text: from

text: the

text: general

text: prohibition

text: See

text: n

text: supra

text: Arguing

text: that

text: Congress

text: enacted

text: Title

text: IX

text: in

text: furtherance

text: of

text: its

text: power

text: to

text: enforce

text: the

text: Fourteenth

text: Amendment

text: a

text: power

text: granted

text: by

text: of

text: that

text: Amendment

text: the

text: State

text: would

text: have

text: us

text: conclude

text: that

text: a

text: is

text: but

text: a

text: congressional

text: limitation

text: upon

text: the

text: broad

text: prohibitions

text: of

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: Brief

text: for

text: Petitioners

text: The

text: argument

text: requires

text: little

text: comment

text: Initially

text: it

text: is

text: far

text: from

text: clear

text: that

text: Congress

text: intended

text: through

text: a

text: to

text: exempt

text: MUW

text: from

text: any

text: constitutional

text: obligation

text: Rather

text: Congress

text: apparently

text: intended

text: at

text: most

text: to

text: exempt

text: MUW

text: from

text: the

text: requirements

text: of

text: Title

text: IX

text: Even

text: if

text: Congress

text: envisioned

text: a

text: constitutional

text: exemption

text: the

text: State

text: s

text: argument

text: would

text: fail

text: Section

text: of

text: the

text: Fourteenth

text: Amendment

text: gives

text: Congress

text: broad

text: power

text: indeed

text: to

text: enforce

text: the

text: command

text: of

text: the

text: Amendment

text: and

text: to

text: secure

text: to

text: all

text: persons

text: the

text: enjoyment

text: of

text: perfect

text: equality

text: of

text: civil

text: rights

text: and

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: against

text: State

text: denial

text: or

text: invasion

text: Ex

text: parte

text: Virginia

text: U

text: S

text: Congress

text: power

text: under

text: however

text: is

text: limited

text: to

text: adopting

text: measures

text: to

text: enforce

text: the

text: guarantees

text: of

text: the

text: Amendment

text: grants

text: Congress

text: no

text: power

text: to

text: restrict

text: abrogate

text: or

text: dilute

text: these

text: guarantees

text: Katzenbach

text: v

text: Morgan

text: U

text: S

text: n

text: Although

text: we

text: give

text: deference

text: to

text: congressional

text: decisions

text: and

text: classifications

text: neither

text: Congress

text: nor

text: a

text: State

text: can

text: validate

text: a

text: law

text: that

text: denies

text: the

text: rights

text: guaranteed

text: by

text: the

text: Fourteenth

text: Amendment

text: See

text: e

text: g

text: Califano

text: v

text: Goldfarb

text: U

text: S

text: Williams

text: v

text: Rhodes

text: U

text: S

text: The

text: fact

text: that

text: the

text: language

text: of

text: a

text: applies

text: to

text: MUW

text: provides

text: the

text: State

text: no

text: solace

text: A

text: statute

text: apparently

text: governing

text: a

text: dispute

text: cannot

text: be

text: applied

text: by

text: judges

text: consistently

text: with

text: their

text: obligations

text: under

text: the

text: Supremacy

text: Clause

text: when

text: such

text: an

text: application

text: of

text: the

text: statute

text: would

text: conflict

text: with

text: the

text: Constitution

text: Marbury

text: v

text: Madison

text: Cranch

text: Younger

text: v

text: Harris

text: U

text: S

text: IV

text: Because

text: we

text: conclude

text: that

text: the

text: State

text: s

text: policy

text: of

text: excluding

text: males

text: from

text: MUW

text: s

text: School

text: of

text: Nursing

text: violates

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: we

text: affirm

text: the

text: judgment

text: of

text: the

text: Court

text: of

text: Appeals

text: It

text: is

text: so

text: ordered

text: CHIEF

text: JUSTICE

text: BURGER

text: dissenting

text: I

text: agree

text: generally

text: with

text: JUSTICE

text: POWELL

text: S

text: dissenting

text: opinion

text: I

text: write

text: separately

text: however

text: to

text: emphasize

text: that

text: the

text: Court

text: s

text: holding

text: today

text: is

text: limited

text: to

text: the

text: context

text: of

text: a

text: professional

text: nursing

text: school

text: Ante

text: at

text: n

text: Since

text: the

text: Court

text: s

text: opinion

text: relies

text: heavily

text: on

text: its

text: finding

text: that

text: women

text: have

text: traditionally

text: dominated

text: the

text: nursing

text: profession

text: see

text: ante

text: at

text: it

text: suggests

text: that

text: a

text: State

text: might

text: well

text: be

text: justified

text: in

text: maintaining

text: for

text: example

text: the

text: option

text: of

text: an

text: all

text: women

text: s

text: business

text: school

text: or

text: liberal

text: arts

text: program

text: JUSTICE

text: BLACKMUN

text: dissenting

text: Unless

text: Mississippi

text: University

text: for

text: Women

text: wished

text: to

text: preserve

text: a

text: historical

text: anachronism

text: one

text: only

text: states

text: the

text: obvious

text: when

text: he

text: observes

text: that

text: the

text: University

text: long

text: ago

text: should

text: have

text: replaced

text: its

text: original

text: statement

text: of

text: purpose

text: and

text: brought

text: its

text: corporate

text: papers

text: into

text: the

text: th

text: century

text: It

text: failed

text: to

text: do

text: so

text: and

text: perhaps

text: in

text: partial

text: consequence

text: finds

text: itself

text: in

text: this

text: litigation

text: with

text: the

text: Court

text: s

text: opinion

text: ante

text: at

text: and

text: n

text: now

text: taking

text: full

text: advantage

text: of

text: that

text: failure

text: to

text: MUW

text: s

text: embarrassment

text: and

text: discomfiture

text: Despite

text: that

text: failure

text: times

text: have

text: changed

text: in

text: the

text: intervening

text: years

text: What

text: was

text: once

text: an

text: Institute

text: and

text: College

text: is

text: now

text: a

text: genuine

text: university

text: with

text: a

text: year

text: School

text: of

text: Nursing

text: established

text: years

text: ago

text: and

text: then

text: expanded

text: to

text: a

text: year

text: baccalaureate

text: program

text: in

text: But

text: respondent

text: Hogan

text: wants

text: in

text: at

text: this

text: particular

text: location

text: in

text: his

text: home

text: city

text: of

text: Columbus

text: It

text: is

text: not

text: enough

text: that

text: his

text: State

text: of

text: Mississippi

text: offers

text: baccalaureate

text: programs

text: in

text: nursing

text: open

text: to

text: males

text: at

text: Jackson

text: and

text: at

text: Hattiesburg

text: Mississippi

text: thus

text: has

text: not

text: closed

text: the

text: doors

text: of

text: its

text: educational

text: system

text: to

text: males

text: like

text: Hogan

text: Assuming

text: that

text: he

text: is

text: qualified

text: and

text: I

text: have

text: no

text: reason

text: whatsoever

text: to

text: doubt

text: his

text: qualifications

text: those

text: doors

text: are

text: open

text: and

text: his

text: maleness

text: alone

text: does

text: not

text: prevent

text: his

text: gaining

text: the

text: additional

text: education

text: he

text: professes

text: to

text: seek

text: I

text: have

text: come

text: to

text: suspect

text: that

text: it

text: is

text: easy

text: to

text: go

text: too

text: far

text: with

text: rigid

text: rules

text: in

text: this

text: area

text: of

text: claimed

text: sex

text: discrimination

text: and

text: to

text: lose

text: indeed

text: destroy

text: values

text: that

text: mean

text: much

text: to

text: some

text: people

text: by

text: forbidding

text: the

text: State

text: to

text: offer

text: them

text: a

text: choice

text: while

text: not

text: depriving

text: others

text: of

text: an

text: alternative

text: choice

text: JUSTICE

text: POWELL

text: in

text: his

text: separate

text: opinion

text: post

text: p

text: advances

text: this

text: theme

text: well

text: While

text: the

text: Court

text: purports

text: to

text: write

text: narrowly

text: declaring

text: that

text: it

text: does

text: not

text: decide

text: the

text: same

text: issue

text: with

text: respect

text: to

text: separate

text: but

text: equal

text: undergraduate

text: institutions

text: for

text: females

text: and

text: males

text: ante

text: at

text: n

text: or

text: with

text: respect

text: to

text: units

text: of

text: MUW

text: other

text: than

text: its

text: School

text: of

text: Nursing

text: ante

text: at

text: n

text: there

text: is

text: inevitable

text: spillover

text: from

text: the

text: Court

text: s

text: ruling

text: today

text: That

text: ruling

text: it

text: seems

text: to

text: me

text: places

text: in

text: constitutional

text: jeopardy

text: any

text: state

text: supported

text: educational

text: institution

text: that

text: confines

text: its

text: student

text: body

text: in

text: any

text: area

text: to

text: members

text: of

text: one

text: sex

text: even

text: though

text: the

text: State

text: elsewhere

text: provides

text: an

text: equivalent

text: program

text: to

text: the

text: complaining

text: applicant

text: The

text: Court

text: s

text: reasoning

text: does

text: not

text: stop

text: with

text: the

text: School

text: of

text: Nursing

text: of

text: the

text: Mississippi

text: University

text: for

text: Women

text: I

text: hope

text: that

text: we

text: do

text: not

text: lose

text: all

text: values

text: that

text: some

text: think

text: are

text: worthwhile

text: and

text: are

text: not

text: based

text: on

text: differences

text: of

text: race

text: or

text: religion

text: and

text: relegate

text: ourselves

text: to

text: needless

text: conformity

text: The

text: ringing

text: words

text: of

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: what

text: JUSTICE

text: POWELL

text: aptly

text: describes

text: as

text: its

text: liberating

text: spirit

text: post

text: at

text: do

text: not

text: demand

text: that

text: price

text: JUSTICE

text: POWELL

text: with

text: whom

text: JUSTICE

text: REHNQUIST

text: joins

text: dissenting

text: The

text: Court

text: s

text: opinion

text: bows

text: deeply

text: to

text: conformity

text: Left

text: without

text: honor

text: indeed

text: held

text: unconstitutional

text: is

text: an

text: element

text: of

text: diversity

text: that

text: has

text: characterized

text: much

text: of

text: American

text: education

text: and

text: enriched

text: much

text: of

text: American

text: life

text: The

text: Court

text: in

text: effect

text: holds

text: today

text: that

text: no

text: State

text: now

text: may

text: provide

text: even

text: a

text: single

text: institution

text: of

text: higher

text: learning

text: open

text: only

text: to

text: women

text: students

text: It

text: gives

text: no

text: heed

text: to

text: the

text: efforts

text: of

text: the

text: State

text: of

text: Mississippi

text: to

text: provide

text: abundant

text: opportunities

text: for

text: young

text: men

text: and

text: young

text: women

text: to

text: attend

text: coeducational

text: institutions

text: and

text: to

text: the

text: preferences

text: of

text: the

text: more

text: than

text: young

text: women

text: who

text: over

text: the

text: years

text: have

text: evidenced

text: their

text: approval

text: of

text: an

text: all

text: women

text: s

text: college

text: by

text: choosing

text: Mississippi

text: University

text: for

text: Women

text: MUW

text: over

text: seven

text: coeducational

text: universities

text: within

text: the

text: State

text: The

text: Court

text: decides

text: today

text: that

text: the

text: Equal

text: Protection

text: Clause

text: makes

text: it

text: unlawful

text: for

text: the

text: State

text: to

text: provide

text: women

text: with

text: a

text: traditionally

text: popular

text: and

text: respected

text: choice

text: of

text: educational

text: environment

text: It

text: does

text: so

text: in

text: a

text: case

text: instituted

text: by

text: one

text: man

text: who

text: represents

text: no

text: class

text: and

text: whose

text: primary

text: concern

text: is

text: personal

text: convenience

text: It

text: is

text: undisputed

text: that

text: women

text: enjoy

text: complete

text: equality

text: of

text: opportunity

text: in

text: Mississippi

text: s

text: public

text: system

text: of

text: higher

text: education

text: Of

text: the

text: State

text: s

text: universities

text: and

text: junior

text: colleges

text: all

text: except

text: MUW

text: are

text: coeducational

text: At

text: least

text: two

text: other

text: Mississippi

text: universities

text: would

text: have

text: provided

text: respondent

text: with

text: the

text: nursing

text: curriculum

text: that

text: he

text: wishes

text: to

text: pursue

text: No

text: other

text: male

text: has

text: joined

text: in

text: his

text: complaint

text: The

text: only

text: groups

text: with

text: any

text: personal

text: acquaintance

text: with

text: MUW

text: to

text: file

text: amicus

text: briefs

text: are

text: female

text: students

text: and

text: alumnae

text: of

text: MUW

text: And

text: they

text: have

text: emphatically

text: rejected

text: respondent

text: s

text: arguments

text: urging

text: that

text: the

text: State

text: of

text: Mississippi

text: be

text: allowed

text: to

text: continue

text: offering

text: the

text: choice

text: from

text: which

text: they

text: have

text: benefited

text: Nor

text: is

text: respondent

text: significantly

text: disadvantaged

text: by

text: MUW

text: s

text: all

text: female

text: tradition

text: His

text: constitutional

text: complaint

text: is

text: based

text: upon

text: a

text: single

text: asserted

text: harm

text: that

text: he

text: must

text: travel

text: to

text: attend

text: the

text: state

text: supported

text: nursing

text: schools

text: that

text: concededly

text: are

text: available

text: to

text: him

text: The

text: Court

text: characterizes

text: this

text: injury

text: as

text: one

text: of

text: inconvenience

text: Ante

text: at

text: n

text: This

text: description

text: is

text: fair

text: and

text: accurate

text: though

text: somewhat

text: embarrassed

text: by

text: the

text: fact

text: that

text: there

text: is

text: of

text: course

text: no

text: constitutional

text: right

text: to

text: attend

text: a

text: state

text: supported

text: university

text: in

text: one

text: s

text: home

text: town

text: Thus

text: the

text: Court

text: to

text: redress

text: respondent

text: s

text: injury

text: of

text: inconvenience

text: must

text: rest

text: its

text: invalidation

text: of

text: MUW

text: s

text: single

text: sex

text: program

text: on

text: a

text: mode

text: of

text: sexual

text: stereotype

text: reasoning

text: that

text: has

text: no

text: application

text: whatever

text: to

text: the

text: respondent

text: or

text: to

text: the

text: wrong

text: of

text: which

text: he

text: complains

text: At

text: best

text: this

text: is

text: anomalous

text: And

text: ultimately

text: the

text: anomaly

text: reveals

text: legal

text: error

text: that

text: of

text: applying

text: a

text: heightened

text: equal

text: protection

text: standard

text: developed

text: in

text: cases

text: of

text: genuine

text: sexual

text: stereotyping

text: to

text: a

text: narrowly

text: utilized

text: state

text: classification

text: that

text: provides

text: an

text: additional

text: choice

text: for

text: women

text: Moreover

text: I

text: believe

text: that

text: Mississippi

text: s

text: educational

text: system

text: should

text: be

text: upheld

text: in

text: this

text: case

text: even

text: if

text: this

text: inappropriate

text: method

text: of

text: analysis

text: is

text: applied

text: I

text: Coeducation

text: historically

text: is

text: a

text: novel

text: educational

text: theory

text: From

text: grade

text: school

text: through

text: high

text: school

text: college

text: and

text: graduate

text: and

text: professional

text: training

text: much

text: of

text: the

text: Nation

text: s

text: population

text: during

text: much

text: of

text: our

text: history

text: has

text: been

text: educated

text: in

text: sexually

text: segregated

text: classrooms

text: At

text: the

text: college

text: level

text: for

text: instance

text: until

text: recently

text: some

text: of

text: the

text: most

text: prestigious

text: colleges

text: and

text: universities

text: including

text: most

text: of

text: the

text: Ivy

text: League

text: had

text: long

text: histories

text: of

text: single

text: sex

text: education

text: As

text: Harvard

text: Yale

text: and

text: Princeton

text: remained

text: all

text: male

text: colleges

text: well

text: into

text: the

text: second

text: half

text: of

text: this

text: century

text: the

text: Seven

text: Sister

text: institutions

text: established

text: a

text: parallel

text: standard

text: of

text: excellence

text: for

text: women

text: s

text: colleges

text: Of

text: the

text: Seven

text: Sisters

text: Mount

text: Holyoke

text: opened

text: as

text: a

text: female

text: seminary

text: in

text: and

text: was

text: chartered

text: as

text: a

text: college

text: in

text: Vassar

text: was

text: founded

text: in

text: Smith

text: and

text: Wellesley

text: in

text: Radcliffe

text: in

text: Bryn

text: Mawr

text: in

text: and

text: Barnard

text: in

text: Mount

text: Holyoke

text: Smith

text: and

text: Wellesley

text: recently

text: have

text: made

text: considered

text: decisions

text: to

text: remain

text: essentially

text: single

text: sex

text: institutions

text: See

text: Carnegie

text: Commission

text: on

text: Higher

text: Education

text: Opportunities

text: for

text: Women

text: in

text: Higher

text: Education

text: Carnegie

text: Report

text: excerpted

text: in

text: B

text: Babcock

text: A

text: Freedman

text: E

text: Norton

text: S

text: Ross

text: Sex

text: Discrimination

text: and

text: the

text: Law

text: Babcock

text: Barnard

text: retains

text: its

text: independence

text: from

text: Columbia

text: its

text: traditional

text: coordinate

text: institution

text: Harvard

text: and

text: Radcliffe

text: maintained

text: separate

text: admissions

text: policies

text: as

text: recently

text: as

text: The

text: sexual

text: segregation

text: of

text: students

text: has

text: been

text: a

text: reflection

text: of

text: rather

text: than

text: an

text: imposition

text: upon

text: the

text: preference

text: of

text: those

text: subject

text: to

text: the

text: policy

text: It

text: cannot

text: be

text: disputed

text: for

text: example

text: that

text: the

text: highly

text: qualified

text: women

text: attending

text: the

text: leading

text: women

text: s

text: colleges

text: could

text: have

text: earned

text: admission

text: to

text: virtually

text: any

text: college

text: of

text: their

text: choice

text: Women

text: attending

text: such

text: colleges

text: have

text: chosen

text: to

text: be

text: there

text: usually

text: expressing

text: a

text: preference

text: for

text: the

text: special

text: benefits

text: of

text: single

text: sex

text: institutions

text: Similar

text: decisions

text: were

text: made

text: by

text: the

text: colleges

text: that

text: elected

text: to

text: remain

text: open

text: to

text: women

text: only

text: The

text: arguable

text: benefits

text: of

text: single

text: sex

text: colleges

text: also

text: continue

text: to

text: be

text: recognized

text: by

text: students

text: of

text: higher

text: education

text: The

text: Carnegie

text: Commission

text: on

text: Higher

text: Education

text: has

text: reported

text: that

text: it

text: favor

text: s

text: the

text: continuation

text: of

text: colleges

text: for

text: women

text: They

text: provide

text: an

text: element

text: of

text: diversity

text: and

text: an

text: environment

text: in

text: which

text: women

text: generally

text: speak

text: up

text: more

text: in

text: their

text: classes

text: hold

text: more

text: positions

text: of

text: leadership

text: on

text: campus

text: and

text: have

text: more

text: role

text: models

text: and

text: mentors

text: among

text: women

text: teachers

text: and

text: administrators

text: Carnegie

text: Report

text: quoted

text: in

text: K

text: Davidson

text: R

text: Ginsburg

text: H

text: Kay

text: Sex

text: Based

text: Discrimination

text: ed

text: A

text: year

text: empirical

text: study

text: by

text: the

text: Cooperative

text: Institutional

text: Research

text: Program

text: of

text: the

text: American

text: Counsel

text: of

text: Education

text: and

text: the

text: University

text: of

text: California

text: Los

text: Angeles

text: also

text: has

text: affirmed

text: the

text: distinctive

text: benefits

text: of

text: single

text: sex

text: colleges

text: and

text: universities

text: As

text: summarized

text: in

text: A

text: Astin

text: Four

text: Critical

text: Years

text: the

text: data

text: established

text: that

text: b

text: oth

text: male

text: and

text: female

text: single

text: sex

text: colleges

text: facilitate

text: student

text: involvement

text: in

text: several

text: areas

text: academic

text: interaction

text: with

text: faculty

text: and

text: verbal

text: aggressiveness

text: Men

text: s

text: and

text: women

text: s

text: colleges

text: also

text: have

text: a

text: positive

text: effect

text: on

text: intellectual

text: self

text: esteem

text: Students

text: at

text: single

text: sex

text: colleges

text: are

text: more

text: satisfied

text: than

text: students

text: at

text: coeducational

text: colleges

text: with

text: virtually

text: all

text: aspects

text: of

text: college

text: life

text: The

text: only

text: area

text: where

text: students

text: are

text: less

text: satisfied

text: is

text: social

text: life

text: Despite

text: the

text: continuing

text: expressions

text: that

text: single

text: sex

text: institutions

text: may

text: offer

text: singular

text: advantages

text: to

text: their

text: students

text: there

text: is

text: no

text: doubt

text: that

text: coeducational

text: institutions

text: are

text: far

text: more

text: numerous

text: But

text: their

text: numerical

text: predominance

text: does

text: not

text: establish

text: in

text: any

text: sense

text: properly

text: cognizable

text: by

text: a

text: court

text: that

text: individual

text: preferences

text: for

text: single

text: sex

text: education

text: are

text: misguided

text: or

text: illegitimate

text: or

text: that

text: a

text: State

text: may

text: not

text: provide

text: its

text: citizens

text: with

text: a

text: choice

text: II

text: The

text: issue

text: in

text: this

text: case

text: is

text: whether

text: a

text: State

text: transgresses

text: the

text: Constitution

text: when

text: within

text: the

text: context

text: of

text: a

text: public

text: system

text: that

text: offers

text: a

text: diverse

text: range

text: of

text: campuses

text: curricula

text: and

text: educational

text: alternatives

text: it

text: seeks

text: to

text: accommodate

text: the

text: legitimate

text: personal

text: preferences

text: of

text: those

text: desiring

text: the

text: advantages

text: of

text: an

text: all

text: women

text: s

text: college

text: In

text: my

text: view

text: the

text: Court

text: errs

text: seriously

text: by

text: assuming

text: without

text: argument

text: or

text: discussion

text: that

text: the

text: equal

text: protection

text: standard

text: generally

text: applicable

text: to

text: sex

text: discrimination

text: is

text: appropriate

text: here

text: That

text: standard

text: was

text: designed

text: to

text: free

text: women

text: from

text: archaic

text: and

text: overbroad

text: generalizations

text: Schlesinger

text: v

text: Ballard

text: U

text: S

text: In

text: no

text: previous

text: case

text: have

text: we

text: applied

text: it

text: to

text: invalidate

text: state

text: efforts

text: to

text: expand

text: women

text: s

text: choices

text: Nor

text: are

text: there

text: prior

text: sex

text: discrimination

text: decisions

text: by

text: this

text: Court

text: in

text: which

text: a

text: male

text: plaintiff

text: as

text: in

text: this

text: case

text: had

text: the

text: choice

text: of

text: an

text: equal

text: benefit

text: The

text: cases

text: cited

text: by

text: the

text: Court

text: therefore

text: do

text: not

text: control

text: the

text: issue

text: now

text: before

text: us

text: In

text: most

text: of

text: them

text: women

text: were

text: given

text: no

text: opportunity

text: for

text: the

text: same

text: benefit

text: as

text: men

text: Cases

text: involving

text: male

text: plaintiffs

text: are

text: equally

text: inapplicable

text: In

text: Craig

text: v

text: Boren

text: U

text: S

text: a

text: male

text: under

text: was

text: not

text: permitted

text: to

text: buy

text: beer

text: anywhere

text: in

text: the

text: State

text: and

text: women

text: were

text: afforded

text: no

text: choice

text: as

text: to

text: whether

text: they

text: would

text: accept

text: the

text: statistically

text: measured

text: but

text: loose

text: fitting

text: generalities

text: concerning

text: the

text: drinking

text: tendencies

text: of

text: aggregate

text: groups

text: Id

text: at

text: A

text: similar

text: situation

text: prevailed

text: in

text: Orr

text: v

text: Orr

text: U

text: S

text: where

text: men

text: had

text: no

text: opportunity

text: to

text: seek

text: alimony

text: from

text: their

text: divorced

text: wives

text: and

text: women

text: had

text: no

text: escape

text: from

text: the

text: statute

text: s

text: stereotypical

text: announcement

text: of

text: the

text: State

text: s

text: preference

text: for

text: an

text: allocation

text: of

text: family

text: responsibilities

text: under

text: which

text: the

text: wife

text: plays

text: a

text: dependent

text: role

text: By

text: applying

text: heightened

text: equal

text: protection

text: analysis

text: to

text: this

text: case

text: the

text: Court

text: frustrates

text: the

text: liberating

text: spirit

text: of

text: the

text: Equal

text: Protection

text: Clause

text: It

text: prohibits

text: the

text: States

text: from

text: providing

text: women

text: with

text: an

text: opportunity

text: to

text: choose

text: the

text: type

text: of

text: university

text: they

text: prefer

text: And

text: yet

text: it

text: is

text: these

text: women

text: whom

text: the

text: Court

text: regards

text: as

text: the

text: victims

text: of

text: an

text: illegal

text: stereotyped

text: perception

text: of

text: the

text: role

text: of

text: women

text: in

text: our

text: society

text: The

text: Court

text: reasons

text: this

text: way

text: in

text: a

text: case

text: in

text: which

text: no

text: woman

text: has

text: complained

text: and

text: the

text: only

text: complainant

text: is

text: a

text: man

text: who

text: advances

text: no

text: claims

text: on

text: behalf

text: of

text: anyone

text: else

text: His

text: claim

text: it

text: should

text: be

text: recalled

text: is

text: not

text: that

text: he

text: is

text: being

text: denied

text: a

text: substantive

text: educational

text: opportunity

text: or

text: even

text: the

text: right

text: to

text: attend

text: an

text: all

text: male

text: or

text: a

text: coeducational

text: college

text: See

text: Brief

text: for

text: Respondent

text: It

text: is

text: only

text: that

text: the

text: colleges

text: open

text: to

text: him

text: are

text: located

text: at

text: inconvenient

text: distances

text: III

text: The

text: Court

text: views

text: this

text: case

text: as

text: presenting

text: a

text: serious

text: equal

text: protection

text: claim

text: of

text: sex

text: discrimination

text: I

text: do

text: not

text: and

text: I

text: would

text: sustain

text: Mississippi

text: s

text: right

text: to

text: continue

text: MUW

text: on

text: a

text: rational

text: basis

text: analysis

text: But

text: I

text: need

text: not

text: apply

text: this

text: lowest

text: tier

text: of

text: scrutiny

text: I

text: can

text: accept

text: for

text: present

text: purposes

text: the

text: standard

text: applied

text: by

text: the

text: Court

text: that

text: there

text: is

text: a

text: gender

text: based

text: distinction

text: that

text: must

text: serve

text: an

text: important

text: governmental

text: objective

text: by

text: means

text: that

text: are

text: substantially

text: related

text: to

text: its

text: achievement

text: E

text: g

text: Wengler

text: v

text: Druggists

text: Mutual

text: Ins

text: Co

text: U

text: S

text: The

text: record

text: in

text: this

text: case

text: reflects

text: that

text: MUW

text: has

text: a

text: historic

text: position

text: in

text: the

text: State

text: s

text: educational

text: system

text: dating

text: back

text: to

text: More

text: than

text: women

text: presently

text: evidence

text: their

text: preference

text: for

text: MUW

text: by

text: having

text: enrolled

text: there

text: The

text: choice

text: is

text: one

text: that

text: discriminates

text: invidiously

text: against

text: no

text: one

text: And

text: the

text: State

text: s

text: purpose

text: in

text: preserving

text: that

text: choice

text: is

text: legitimate

text: and

text: substantial

text: Generations

text: of

text: our

text: finest

text: minds

text: both

text: among

text: educators

text: and

text: students

text: have

text: believed

text: that

text: single

text: sex

text: college

text: level

text: institutions

text: afford

text: distinctive

text: benefits

text: There

text: are

text: many

text: persons

text: of

text: course

text: who

text: have

text: different

text: views

text: But

text: simply

text: because

text: there

text: are

text: these

text: differences

text: is

text: no

text: reason

text: certainly

text: of

text: constitutional

text: dimension

text: to

text: conclude

text: that

text: no

text: substantial

text: state

text: interest

text: is

text: served

text: when

text: such

text: a

text: choice

text: is

text: made

text: available

text: In

text: arguing

text: to

text: the

text: contrary

text: the

text: Court

text: suggests

text: that

text: the

text: MUW

text: is

text: so

text: operated

text: as

text: to

text: perpetuate

text: the

text: stereotyped

text: view

text: of

text: nursing

text: as

text: an

text: exclusively

text: women

text: s

text: job

text: Ante

text: at

text: But

text: as

text: the

text: Court

text: itself

text: acknowledges

text: ante

text: at

text: MUW

text: s

text: School

text: of

text: Nursing

text: was

text: not

text: created

text: until

text: about

text: years

text: after

text: the

text: single

text: sex

text: campus

text: itself

text: was

text: founded

text: This

text: hardly

text: supports

text: a

text: link

text: between

text: nursing

text: as

text: a

text: woman

text: s

text: profession

text: and

text: MUW

text: s

text: single

text: sex

text: admission

text: policy

text: Indeed

text: MUW

text: s

text: School

text: of

text: Nursing

text: was

text: not

text: instituted

text: until

text: more

text: than

text: a

text: decade

text: after

text: a

text: separate

text: School

text: of

text: Nursing

text: was

text: established

text: at

text: the

text: coeducational

text: University

text: of

text: Mississippi

text: at

text: Jackson

text: See

text: University

text: of

text: Mississippi

text: Undergraduate

text: Catalog

text: The

text: School

text: of

text: Nursing

text: makes

text: up

text: only

text: one

text: part

text: a

text: relatively

text: small

text: part

text: of

text: MUW

text: s

text: diverse

text: modern

text: university

text: campus

text: and

text: curriculum

text: The

text: other

text: departments

text: on

text: the

text: MUW

text: campus

text: offer

text: a

text: typical

text: range

text: of

text: degrees

text: and

text: a

text: typical

text: range

text: of

text: subjects

text: There

text: is

text: no

text: indication

text: that

text: women

text: suffer

text: fewer

text: opportunities

text: at

text: other

text: Mississippi

text: state

text: campuses

text: because

text: of

text: MUW

text: s

text: admission

text: policy

text: In

text: sum

text: the

text: practice

text: of

text: voluntarily

text: chosen

text: single

text: sex

text: education

text: is

text: an

text: honored

text: tradition

text: in

text: our

text: country

text: even

text: if

text: it

text: now

text: rarely

text: exists

text: in

text: state

text: colleges

text: and

text: universities

text: Mississippi

text: s

text: accommodation

text: of

text: such

text: student

text: choices

text: is

text: legitimate

text: because

text: it

text: is

text: completely

text: consensual

text: and

text: is

text: important

text: because

text: it

text: permits

text: students

text: to

text: decide

text: for

text: themselves

text: the

text: type

text: of

text: college

text: education

text: they

text: think

text: will

text: benefit

text: them

text: most

text: Finally

text: Mississippi

text: s

text: policy

text: is

text: substantially

text: related

text: to

text: its

text: long

text: respected

text: objective

text: IV

text: A

text: distinctive

text: feature

text: of

text: America

text: s

text: tradition

text: has

text: been

text: respect

text: for

text: diversity

text: This

text: has

text: been

text: characteristic

text: of

text: the

text: peoples

text: from

text: numerous

text: lands

text: who

text: have

text: built

text: our

text: country

text: It

text: is

text: the

text: essence

text: of

text: our

text: democratic

text: system

text: At

text: stake

text: in

text: this

text: case

text: as

text: I

text: see

text: it

text: is

text: the

text: preservation

text: of

text: a

text: small

text: aspect

text: of

text: this

text: diversity

text: But

text: that

text: aspect

text: is

text: by

text: no

text: means

text: insignificant

text: given

text: our

text: heritage

text: of

text: available

text: choice

text: between

text: single

text: sex

text: and

text: coeducational

text: institutions

text: of

text: higher

text: learning

text: The

text: Court

text: answers

text: that

text: there

text: is

text: discrimination

text: not

text: just

text: that

text: which

text: may

text: be

text: tolerable

text: as

text: for

text: example

text: between

text: those

text: candidates

text: for

text: admission

text: able

text: to

text: contribute

text: most

text: to

text: an

text: educational

text: institution

text: and

text: those

text: able

text: to

text: contribute

text: less

text: but

text: discrimination

text: of

text: constitutional

text: dimension

text: But

text: having

text: found

text: discrimination

text: the

text: Court

text: finds

text: it

text: difficult

text: to

text: identify

text: the

text: victims

text: It

text: hardly

text: can

text: claim

text: that

text: women

text: are

text: discriminated

text: against

text: A

text: constitutional

text: case

text: is

text: held

text: to

text: exist

text: solely

text: because

text: one

text: man

text: found

text: it

text: inconvenient

text: to

text: travel

text: to

text: any

text: of

text: the

text: other

text: institutions

text: made

text: available

text: to

text: him

text: by

text: the

text: State

text: of

text: Mississippi

text: In

text: essence

text: he

text: insists

text: that

text: he

text: has

text: a

text: right

text: to

text: attend

text: a

text: college

text: in

text: his

text: home

text: community

text: This

text: simply

text: is

text: not

text: a

text: sex

text: discrimination

text: case

text: The

text: Equal

text: Protection

text: Clause

text: was

text: never

text: intended

text: to

text: be

text: applied

text: to

text: this

text: kind

text: of

text: case

text: NOTES

text: Zona

text: Fairbanks

text: Hostetler

text: Suellen

text: Terrill

text: Keiner

text: Phyllis

text: N

text: Segal

text: Marcia

text: D

text: Greenberger

text: and

text: Judith

text: L

text: Lichtman

text: filed

text: a

text: brief

text: for

text: the

text: National

text: Women

text: s

text: Law

text: Center

text: et

text: al

text: as

text: amici

text: curiae

text: urging

text: affirmance

text: The

text: charter

text: of

text: MUW

text: basically

text: unchanged

text: since

text: its

text: founding

text: now

text: provides

text: The

text: purpose

text: and

text: aim

text: of

text: the

text: Mississippi

text: State

text: College

text: for

text: Women

text: is

text: the

text: moral

text: and

text: intellectual

text: advancement

text: of

text: the

text: girls

text: of

text: the

text: state

text: by

text: the

text: maintenance

text: of

text: a

text: first

text: class

text: institution

text: for

text: their

text: education

text: in

text: the

text: arts

text: and

text: sciences

text: for

text: their

text: training

text: in

text: normal

text: school

text: methods

text: and

text: kindergarten

text: for

text: their

text: instruction

text: in

text: bookkeeping

text: photography

text: stenography

text: telegraphy

text: and

text: typewriting

text: and

text: in

text: designing

text: drawing

text: engraving

text: and

text: painting

text: and

text: their

text: industrial

text: application

text: and

text: for

text: their

text: instruction

text: in

text: fancy

text: general

text: and

text: practical

text: needlework

text: and

text: in

text: such

text: other

text: industrial

text: branches

text: as

text: experience

text: from

text: time

text: to

text: time

text: shall

text: suggest

text: as

text: necessary

text: or

text: proper

text: to

text: fit

text: them

text: for

text: the

text: practical

text: affairs

text: of

text: life

text: Miss

text: Code

text: Ann

text: Mississippi

text: maintains

text: no

text: other

text: single

text: sex

text: public

text: university

text: or

text: college

text: Thus

text: we

text: are

text: not

text: faced

text: with

text: the

text: question

text: of

text: whether

text: States

text: can

text: provide

text: separate

text: but

text: equal

text: undergraduate

text: institutions

text: for

text: males

text: and

text: females

text: Cf

text: Vorchheimer

text: v

text: School

text: District

text: of

text: Philadelphia

text: F

text: d

text: CA

text: aff

text: d

text: by

text: an

text: equally

text: divided

text: Court

text: U

text: S

text: Record

text: Exhibit

text: Bulletin

text: of

text: Mississippi

text: University

text: for

text: Women

text: With

text: a

text: baccalaureate

text: degree

text: Hogan

text: would

text: be

text: able

text: to

text: earn

text: a

text: higher

text: salary

text: and

text: would

text: be

text: eligible

text: to

text: obtain

text: specialized

text: training

text: as

text: an

text: anesthetist

text: Tr

text: Dr

text: James

text: Strobel

text: President

text: of

text: MUW

text: verified

text: that

text: men

text: could

text: audit

text: the

text: equivalent

text: of

text: a

text: full

text: classload

text: in

text: either

text: night

text: or

text: daytime

text: classes

text: Id

text: at

text: Section

text: a

text: of

text: Title

text: IX

text: Education

text: Amendments

text: of

text: Pub

text: L

text: Stat

text: U

text: S

text: C

text: a

text: provides

text: in

text: part

text: a

text: No

text: person

text: in

text: the

text: United

text: States

text: shall

text: on

text: the

text: basis

text: of

text: sex

text: be

text: excluded

text: from

text: participation

text: in

text: be

text: denied

text: the

text: benefits

text: of

text: or

text: be

text: subjected

text: to

text: discrimination

text: under

text: any

text: education

text: program

text: or

text: activity

text: receiving

text: Federal

text: financial

text: assistance

text: except

text: that

text: in

text: regard

text: to

text: admissions

text: to

text: educational

text: institutions

text: this

text: section

text: shall

text: apply

text: only

text: to

text: institutions

text: of

text: vocational

text: education

text: professional

text: education

text: and

text: graduate

text: higher

text: education

text: and

text: to

text: public

text: institutions

text: of

text: undergraduate

text: higher

text: education

text: in

text: regard

text: to

text: admissions

text: this

text: section

text: shall

text: not

text: apply

text: to

text: any

text: public

text: institution

text: of

text: undergraduate

text: higher

text: education

text: which

text: is

text: an

text: institution

text: that

text: traditionally

text: and

text: continually

text: from

text: its

text: establishment

text: has

text: had

text: a

text: policy

text: of

text: admitting

text: only

text: students

text: of

text: one

text: sex

text: Section

text: of

text: the

text: Fourteenth

text: Amendment

text: provides

text: The

text: Congress

text: shall

text: have

text: power

text: to

text: enforce

text: by

text: appropriate

text: legislation

text: the

text: provisions

text: of

text: this

text: article

text: Although

text: some

text: statements

text: in

text: the

text: Court

text: of

text: Appeals

text: decision

text: refer

text: to

text: all

text: schools

text: within

text: MUW

text: see

text: F

text: d

text: at

text: the

text: factual

text: underpinning

text: of

text: Hogan

text: s

text: claim

text: for

text: relief

text: involved

text: only

text: his

text: exclusion

text: from

text: the

text: nursing

text: program

text: Complaint

text: and

text: the

text: Court

text: of

text: Appeals

text: holding

text: applies

text: only

text: to

text: Hogan

text: s

text: individual

text: claim

text: for

text: relief

text: F

text: d

text: at

text: Additionally

text: during

text: oral

text: argument

text: counsel

text: verified

text: that

text: Hogan

text: sought

text: only

text: admission

text: to

text: the

text: School

text: of

text: Nursing

text: Tr

text: of

text: Oral

text: Arg

text: Because

text: Hogan

text: s

text: claim

text: is

text: thus

text: limited

text: and

text: because

text: we

text: review

text: judgments

text: not

text: statements

text: in

text: opinions

text: Black

text: v

text: Cutter

text: Laboratories

text: U

text: S

text: we

text: decline

text: to

text: address

text: the

text: question

text: of

text: whether

text: MUW

text: s

text: admissions

text: policy

text: as

text: applied

text: to

text: males

text: seeking

text: admission

text: to

text: schools

text: other

text: than

text: the

text: School

text: of

text: Nursing

text: violates

text: the

text: Fourteenth

text: Amendment

text: Without

text: question

text: MUW

text: s

text: admissions

text: policy

text: worked

text: to

text: Hogan

text: s

text: disadvantage

text: Although

text: Hogan

text: could

text: have

text: attended

text: classes

text: and

text: received

text: credit

text: in

text: one

text: of

text: Mississippi

text: s

text: state

text: supported

text: coeducational

text: nursing

text: programs

text: of

text: which

text: was

text: located

text: in

text: Columbus

text: he

text: could

text: attend

text: only

text: by

text: driving

text: a

text: considerable

text: distance

text: from

text: his

text: home

text: Tr

text: A

text: similarly

text: situated

text: female

text: would

text: not

text: have

text: been

text: required

text: to

text: choose

text: between

text: forgoing

text: credit

text: and

text: bearing

text: that

text: inconvenience

text: Moreover

text: since

text: many

text: students

text: enrolled

text: in

text: the

text: School

text: of

text: Nursing

text: hold

text: full

text: time

text: jobs

text: Deposition

text: of

text: Dean

text: Annette

text: K

text: Barrar

text: Hogan

text: s

text: female

text: colleagues

text: had

text: available

text: an

text: opportunity

text: not

text: open

text: to

text: Hogan

text: to

text: obtain

text: credit

text: for

text: additional

text: training

text: The

text: policy

text: of

text: denying

text: males

text: the

text: right

text: to

text: obtain

text: credit

text: toward

text: a

text: baccalaureate

text: degree

text: thus

text: imposed

text: upon

text: Hogan

text: a

text: burden

text: he

text: would

text: not

text: bear

text: were

text: he

text: female

text: Orr

text: v

text: Orr

text: U

text: S

text: In

text: his

text: dissenting

text: opinion

text: JUSTICE

text: POWELL

text: argues

text: that

text: a

text: less

text: rigorous

text: test

text: should

text: apply

text: because

text: Hogan

text: does

text: not

text: advance

text: a

text: serious

text: equal

text: protection

text: claim

text: Post

text: at

text: JUSTICE

text: BLACKMUN

text: without

text: proposing

text: an

text: alternative

text: test

text: labels

text: the

text: test

text: applicable

text: to

text: gender

text: based

text: discrimination

text: as

text: rigid

text: and

text: productive

text: of

text: needless

text: conformity

text: Post

text: at

text: Our

text: past

text: decisions

text: establish

text: however

text: that

text: when

text: a

text: classification

text: expressly

text: discriminates

text: on

text: the

text: basis

text: of

text: gender

text: the

text: analysis

text: and

text: level

text: of

text: scrutiny

text: applied

text: to

text: determine

text: the

text: validity

text: of

text: the

text: classification

text: do

text: not

text: vary

text: simply

text: because

text: the

text: objective

text: appears

text: acceptable

text: to

text: individual

text: Members

text: of

text: the

text: Court

text: While

text: the

text: validity

text: and

text: importance

text: of

text: the

text: objective

text: may

text: affect

text: the

text: outcome

text: of

text: the

text: analysis

text: the

text: analysis

text: itself

text: does

text: not

text: change

text: Thus

text: we

text: apply

text: the

text: test

text: previously

text: relied

text: upon

text: by

text: the

text: Court

text: to

text: measure

text: the

text: constitutionality

text: of

text: gender

text: based

text: discrimination

text: Because

text: we

text: conclude

text: that

text: the

text: challenged

text: statutory

text: classification

text: is

text: not

text: substantially

text: related

text: to

text: an

text: important

text: objective

text: we

text: need

text: not

text: decide

text: whether

text: classifications

text: based

text: upon

text: gender

text: are

text: inherently

text: suspect

text: See

text: Stanton

text: v

text: Stanton

text: U

text: S

text: History

text: provides

text: numerous

text: examples

text: of

text: legislative

text: attempts

text: to

text: exclude

text: women

text: from

text: particular

text: areas

text: simply

text: because

text: legislators

text: believed

text: women

text: were

text: less

text: able

text: than

text: men

text: to

text: perform

text: a

text: particular

text: function

text: In

text: this

text: Court

text: remained

text: unmoved

text: by

text: Myra

text: Bradwell

text: s

text: argument

text: that

text: the

text: Fourteenth

text: Amendment

text: prohibited

text: a

text: State

text: from

text: classifying

text: her

text: as

text: unfit

text: to

text: practice

text: law

text: simply

text: because

text: she

text: was

text: female

text: Bradwell

text: v

text: Illinois

text: Wall

text: In

text: his

text: opinion

text: concurring

text: in

text: the

text: judgment

text: Justice

text: Bradley

text: described

text: the

text: reasons

text: underlying

text: the

text: State

text: s

text: decision

text: to

text: determine

text: which

text: positions

text: only

text: men

text: could

text: fill

text: It

text: is

text: the

text: prerogative

text: of

text: the

text: legislator

text: to

text: prescribe

text: regulations

text: founded

text: on

text: nature

text: reason

text: and

text: experience

text: for

text: the

text: due

text: admission

text: of

text: qualified

text: persons

text: to

text: professions

text: and

text: callings

text: demanding

text: special

text: skill

text: and

text: confidence

text: This

text: fairly

text: belongs

text: to

text: the

text: police

text: power

text: of

text: the

text: State

text: and

text: in

text: my

text: opinion

text: in

text: view

text: of

text: the

text: peculiar

text: characteristics

text: destiny

text: and

text: mission

text: of

text: woman

text: it

text: is

text: within

text: the

text: province

text: of

text: the

text: legislature

text: to

text: ordain

text: what

text: offices

text: positions

text: and

text: callings

text: shall

text: be

text: filled

text: and

text: discharged

text: by

text: men

text: and

text: shall

text: receive

text: the

text: benefit

text: of

text: those

text: energies

text: and

text: responsibilities

text: and

text: that

text: decision

text: and

text: firmness

text: which

text: are

text: presumed

text: to

text: predominate

text: in

text: the

text: sterner

text: sex

text: Id

text: at

text: In

text: a

text: similar

text: vein

text: the

text: Court

text: in

text: Goesaert

text: v

text: Cleary

text: U

text: S

text: upheld

text: a

text: legislature

text: s

text: right

text: to

text: preclude

text: women

text: from

text: bartending

text: except

text: under

text: limited

text: circumstances

text: on

text: the

text: ground

text: that

text: the

text: legislature

text: could

text: devise

text: preventive

text: measures

text: against

text: moral

text: and

text: social

text: problems

text: that

text: result

text: when

text: women

text: but

text: apparently

text: not

text: men

text: tend

text: bar

text: Similarly

text: the

text: many

text: protective

text: labor

text: laws

text: enacted

text: in

text: the

text: late

text: th

text: and

text: early

text: th

text: centuries

text: often

text: had

text: as

text: their

text: objective

text: the

text: protection

text: of

text: weaker

text: workers

text: which

text: the

text: laws

text: assumed

text: meant

text: females

text: See

text: generally

text: B

text: Brown

text: A

text: Freedman

text: H

text: Katz

text: A

text: Price

text: Women

text: s

text: Rights

text: and

text: the

text: Law

text: For

text: instance

text: in

text: Stanton

text: v

text: Stanton

text: supra

text: this

text: Court

text: invalidated

text: a

text: state

text: statute

text: that

text: specified

text: a

text: greater

text: age

text: of

text: majority

text: for

text: males

text: than

text: for

text: females

text: and

text: thereby

text: affected

text: the

text: period

text: during

text: which

text: a

text: divorced

text: parent

text: was

text: responsible

text: for

text: supporting

text: his

text: children

text: We

text: did

text: not

text: question

text: the

text: importance

text: or

text: validity

text: of

text: the

text: State

text: s

text: interest

text: in

text: defining

text: parents

text: obligation

text: to

text: support

text: children

text: during

text: their

text: minority

text: On

text: analysis

text: however

text: we

text: determined

text: that

text: the

text: purported

text: relationship

text: between

text: that

text: objective

text: and

text: the

text: gender

text: based

text: classification

text: was

text: based

text: upon

text: traditional

text: assumptions

text: that

text: the

text: female

text: is

text: destined

text: solely

text: for

text: the

text: home

text: and

text: the

text: rearing

text: of

text: the

text: family

text: and

text: only

text: the

text: male

text: for

text: the

text: marketplace

text: and

text: the

text: world

text: of

text: ideas

text: If

text: a

text: specified

text: age

text: of

text: minority

text: is

text: required

text: for

text: the

text: boy

text: in

text: order

text: to

text: assure

text: him

text: parental

text: support

text: while

text: he

text: attains

text: his

text: education

text: and

text: training

text: so

text: too

text: is

text: it

text: for

text: the

text: girl

text: U

text: S

text: at

text: Once

text: those

text: traditional

text: notions

text: were

text: abandoned

text: no

text: basis

text: for

text: finding

text: a

text: substantial

text: relationship

text: between

text: classification

text: and

text: objective

text: remained

text: See

text: e

text: g

text: Kirchberg

text: v

text: Feenstra

text: U

text: S

text: statute

text: granted

text: only

text: husbands

text: the

text: right

text: to

text: manage

text: and

text: dispose

text: of

text: jointly

text: owned

text: property

text: without

text: the

text: spouse

text: s

text: consent

text: Wengler

text: v

text: Druggists

text: Mutual

text: Ins

text: Co

text: U

text: S

text: statute

text: required

text: a

text: widower

text: but

text: not

text: a

text: widow

text: to

text: show

text: he

text: was

text: incapacitated

text: from

text: earning

text: to

text: recover

text: benefits

text: for

text: a

text: spouse

text: s

text: death

text: under

text: workers

text: compensation

text: laws

text: Orr

text: v

text: Orr

text: supra

text: only

text: men

text: could

text: be

text: ordered

text: to

text: pay

text: alimony

text: following

text: divorce

text: Craig

text: v

text: Boren

text: U

text: S

text: women

text: could

text: purchase

text: nonintoxicating

text: beer

text: at

text: a

text: younger

text: age

text: than

text: could

text: men

text: Stanton

text: v

text: Stanton

text: supra

text: women

text: reached

text: majority

text: at

text: an

text: earlier

text: age

text: than

text: did

text: men

text: Weinberger

text: v

text: Wiesenfeld

text: U

text: S

text: widows

text: but

text: not

text: widowers

text: could

text: collect

text: survivors

text: benefits

text: under

text: the

text: Social

text: Security

text: Act

text: Frontiero

text: v

text: Richardson

text: U

text: S

text: determination

text: of

text: spouse

text: s

text: dependency

text: based

text: upon

text: gender

text: of

text: member

text: of

text: Armed

text: Forces

text: claiming

text: dependency

text: benefits

text: Reed

text: v

text: Reed

text: U

text: S

text: statute

text: preferred

text: men

text: to

text: women

text: as

text: administrators

text: of

text: estates

text: In

text: the

text: reply

text: brief

text: the

text: State

text: understandably

text: retreated

text: from

text: its

text: contention

text: that

text: MUW

text: was

text: founded

text: to

text: provide

text: opportunities

text: for

text: women

text: which

text: were

text: not

text: available

text: to

text: men

text: Reply

text: Brief

text: for

text: Petitioners

text: Apparently

text: the

text: impetus

text: for

text: founding

text: MUW

text: came

text: not

text: from

text: a

text: desire

text: to

text: provide

text: women

text: with

text: advantages

text: superior

text: to

text: those

text: offered

text: men

text: but

text: rather

text: from

text: a

text: desire

text: to

text: provide

text: white

text: women

text: in

text: Mississippi

text: access

text: to

text: state

text: supported

text: higher

text: learning

text: In

text: Sally

text: Reneau

text: began

text: agitating

text: for

text: a

text: college

text: for

text: white

text: women

text: Those

text: initial

text: efforts

text: were

text: unsuccessful

text: and

text: by

text: Mississippi

text: provided

text: higher

text: education

text: only

text: for

text: white

text: men

text: and

text: black

text: men

text: and

text: women

text: E

text: Mayes

text: History

text: of

text: Education

text: in

text: Mississippi

text: hereinafter

text: Mayes

text: See

text: also

text: S

text: Neilson

text: The

text: History

text: of

text: Mississippi

text: State

text: College

text: for

text: Women

text: unpublished

text: manuscript

text: hereinafter

text: Neilson

text: In

text: two

text: years

text: before

text: MUW

text: was

text: chartered

text: the

text: University

text: of

text: Mississippi

text: opened

text: its

text: doors

text: to

text: women

text: However

text: the

text: institution

text: was

text: in

text: those

text: early

text: years

text: not

text: extensively

text: patronized

text: by

text: females

text: most

text: of

text: those

text: who

text: come

text: being

text: such

text: as

text: desire

text: to

text: qualify

text: themselves

text: to

text: teach

text: Mayes

text: at

text: By

text: the

text: largest

text: number

text: of

text: women

text: in

text: any

text: class

text: at

text: the

text: University

text: had

text: been

text: while

text: nearly

text: women

text: enrolled

text: in

text: the

text: first

text: session

text: of

text: MUW

text: Id

text: at

text: Because

text: the

text: University

text: did

text: not

text: solicit

text: the

text: attendance

text: of

text: women

text: until

text: after

text: and

text: did

text: not

text: accept

text: women

text: at

text: all

text: for

text: a

text: time

text: between

text: and

text: most

text: Mississippi

text: women

text: who

text: attended

text: college

text: attended

text: MUW

text: Neilson

text: at

text: Thus

text: in

text: Mississippi

text: as

text: elsewhere

text: in

text: the

text: country

text: women

text: s

text: colleges

text: were

text: founded

text: to

text: provide

text: some

text: form

text: of

text: higher

text: education

text: for

text: the

text: academically

text: disenfranchised

text: See

text: generally

text: T

text: Woody

text: A

text: History

text: of

text: Women

text: s

text: Education

text: in

text: the

text: United

text: States

text: L

text: Baker

text: I

text: m

text: Radcliffe

text: Fly

text: Me

text: The

text: Seven

text: Sisters

text: and

text: the

text: Failure

text: of

text: Women

text: s

text: Education

text: Relatively

text: little

text: change

text: has

text: taken

text: place

text: during

text: the

text: past

text: years

text: In

text: women

text: received

text: more

text: than

text: percent

text: of

text: the

text: baccalaureate

text: degrees

text: conferred

text: nationwide

text: National

text: Center

text: for

text: Education

text: Statistics

text: Digest

text: of

text: Education

text: Statistics

text: and

text: constituted

text: percent

text: of

text: the

text: registered

text: nurses

text: in

text: the

text: labor

text: force

text: United

text: States

text: Bureau

text: of

text: Census

text: Statistical

text: Abstract

text: of

text: the

text: United

text: States

text: Officials

text: of

text: the

text: American

text: Nurses

text: Association

text: have

text: suggested

text: that

text: excluding

text: men

text: from

text: the

text: field

text: has

text: depressed

text: nurses

text: wages

text: Hearings

text: before

text: the

text: United

text: States

text: Equal

text: Employment

text: Opportunity

text: Commission

text: on

text: Job

text: Segregation

text: and

text: Wage

text: Discrimination

text: Apr

text: To

text: the

text: extent

text: the

text: exclusion

text: of

text: men

text: has

text: that

text: effect

text: MUW

text: s

text: admissions

text: policy

text: actually

text: penalizes

text: the

text: very

text: class

text: the

text: State

text: purports

text: to

text: benefit

text: Cf

text: Weinberger

text: v

text: Wiesenfeld

text: U

text: S

text: Even

text: were

text: we

text: to

text: assume

text: that

text: discrimination

text: against

text: women

text: affects

text: their

text: opportunity

text: to

text: obtain

text: an

text: education

text: or

text: to

text: obtain

text: leadership

text: roles

text: in

text: nursing

text: the

text: challenged

text: policy

text: nonetheless

text: would

text: be

text: invalid

text: for

text: the

text: State

text: has

text: failed

text: to

text: establish

text: that

text: the

text: legislature

text: intended

text: the

text: single

text: sex

text: policy

text: to

text: compensate

text: for

text: any

text: perceived

text: discrimination

text: Cf

text: Califano

text: v

text: Webster

text: U

text: S

text: legislative

text: history

text: of

text: the

text: compensatory

text: statute

text: revealed

text: that

text: Congress

text: directly

text: addressed

text: the

text: justification

text: for

text: differing

text: treatment

text: of

text: men

text: and

text: women

text: and

text: purposely

text: enacted

text: the

text: more

text: favorable

text: treatment

text: for

text: female

text: wage

text: earners

text: The

text: State

text: has

text: provided

text: no

text: evidence

text: whatever

text: that

text: the

text: Mississippi

text: Legislature

text: has

text: ever

text: attempted

text: to

text: justify

text: its

text: differing

text: treatment

text: of

text: men

text: and

text: women

text: seeking

text: nurses

text: training

text: Indeed

text: the

text: only

text: statement

text: of

text: legislative

text: purpose

text: is

text: that

text: in

text: of

text: the

text: Mississippi

text: Code

text: see

text: n

text: supra

text: a

text: statement

text: that

text: relies

text: upon

text: the

text: very

text: sort

text: of

text: archaic

text: and

text: overbroad

text: generalizations

text: about

text: women

text: that

text: we

text: have

text: found

text: insufficient

text: to

text: justify

text: a

text: gender

text: based

text: classification

text: E

text: g

text: Orr

text: v

text: Orr

text: U

text: S

text: Stanton

text: v

text: Stanton

text: U

text: S

text: JUSTICE

text: POWELL

text: s

text: dissent

text: suggests

text: that

text: a

text: second

text: objective

text: is

text: served

text: by

text: the

text: gender

text: based

text: classification

text: in

text: that

text: Mississippi

text: has

text: elected

text: to

text: provide

text: women

text: a

text: choice

text: of

text: educational

text: environments

text: Post

text: at

text: Since

text: any

text: gender

text: based

text: classification

text: provides

text: one

text: class

text: a

text: benefit

text: or

text: choice

text: not

text: available

text: to

text: the

text: other

text: class

text: however

text: that

text: argument

text: begs

text: the

text: question

text: The

text: issue

text: is

text: not

text: whether

text: the

text: benefited

text: class

text: profits

text: from

text: the

text: classification

text: but

text: whether

text: the

text: State

text: s

text: decision

text: to

text: confer

text: a

text: benefit

text: only

text: upon

text: one

text: class

text: by

text: means

text: of

text: a

text: discriminatory

text: classification

text: is

text: substantially

text: related

text: to

text: achieving

text: a

text: legitimate

text: and

text: substantial

text: goal

text: T

text: wo

text: other

text: Mississippi

text: universities

text: offered

text: coeducational

text: programs

text: leading

text: to

text: a

text: Bachelor

text: of

text: Science

text: in

text: Nursing

text: the

text: University

text: of

text: Southern

text: Mississippi

text: in

text: Hattiesburg

text: miles

text: from

text: Columbus

text: and

text: the

text: University

text: of

text: Mississippi

text: in

text: Jackson

text: miles

text: from

text: Columbus

text: Brief

text: for

text: Respondent

text: See

text: also

text: Tr

text: of

text: Oral

text: Arg

text: The

text: history

text: briefly

text: summarized

text: above

text: of

text: single

text: sex

text: higher

text: education

text: in

text: the

text: Northeast

text: is

text: duplicated

text: in

text: other

text: States

text: I

text: mention

text: only

text: my

text: State

text: of

text: Virginia

text: where

text: even

text: today

text: Hollins

text: College

text: Mary

text: Baldwin

text: College

text: Randolph

text: Macon

text: Woman

text: s

text: College

text: and

text: Sweet

text: Briar

text: College

text: remain

text: all

text: women

text: s

text: colleges

text: Each

text: has

text: a

text: proud

text: and

text: respected

text: reputation

text: of

text: quality

text: education

text: It

text: is

text: true

text: that

text: historically

text: many

text: institutions

text: of

text: higher

text: education

text: particularly

text: in

text: the

text: East

text: and

text: South

text: were

text: single

text: sex

text: To

text: these

text: extents

text: choices

text: were

text: by

text: no

text: means

text: universally

text: available

text: to

text: all

text: men

text: and

text: women

text: But

text: choices

text: always

text: were

text: substantial

text: and

text: the

text: purpose

text: of

text: relating

text: the

text: experience

text: of

text: our

text: country

text: with

text: single

text: sex

text: colleges

text: and

text: universities

text: is

text: to

text: document

text: what

text: should

text: be

text: obvious

text: generations

text: of

text: Americans

text: including

text: scholars

text: have

text: thought

text: wholly

text: without

text: regard

text: to

text: any

text: discriminatory

text: animus

text: that

text: there

text: were

text: distinct

text: advantages

text: in

text: this

text: type

text: of

text: higher

text: education

text: In

text: announcing

text: Wellesley

text: s

text: decision

text: in

text: to

text: remain

text: a

text: women

text: s

text: college

text: President

text: Barbara

text: Newell

text: said

text: that

text: t

text: he

text: research

text: we

text: have

text: clearly

text: demonstrates

text: that

text: women

text: s

text: colleges

text: produce

text: a

text: disproportionate

text: number

text: of

text: women

text: leaders

text: and

text: women

text: in

text: responsible

text: positions

text: in

text: society

text: it

text: does

text: demonstrate

text: that

text: the

text: higher

text: proportion

text: of

text: women

text: on

text: the

text: faculty

text: the

text: higher

text: the

text: motivation

text: for

text: women

text: students

text: Carnegie

text: Report

text: in

text: Babcock

text: at

text: Similarly

text: rejecting

text: coeducation

text: in

text: the

text: Mount

text: Holyoke

text: Trustees

text: Committee

text: on

text: Coeducation

text: reported

text: that

text: the

text: conditions

text: that

text: historically

text: justified

text: the

text: founding

text: of

text: women

text: s

text: colleges

text: continued

text: to

text: justify

text: their

text: remaining

text: in

text: that

text: tradition

text: Ibid

text: In

text: this

text: Court

text: the

text: benefits

text: of

text: single

text: sex

text: education

text: have

text: been

text: asserted

text: by

text: the

text: students

text: and

text: alumnae

text: of

text: MUW

text: One

text: would

text: expect

text: the

text: Court

text: to

text: regard

text: their

text: views

text: as

text: directly

text: relevant

text: to

text: this

text: case

text: I

text: n

text: the

text: aspect

text: of

text: life

text: known

text: as

text: courtship

text: or

text: mate

text: pairing

text: the

text: American

text: female

text: remains

text: in

text: the

text: role

text: of

text: the

text: pursued

text: sex

text: expected

text: to

text: adorn

text: and

text: groom

text: herself

text: to

text: attract

text: the

text: male

text: Without

text: comment

text: on

text: the

text: common

text: sense

text: or

text: equities

text: of

text: this

text: social

text: arrangement

text: it

text: remains

text: a

text: sociological

text: fact

text: An

text: institution

text: of

text: collegiate

text: higher

text: learning

text: maintained

text: exclusively

text: for

text: women

text: is

text: uniquely

text: able

text: to

text: provide

text: the

text: education

text: atmosphere

text: in

text: which

text: some

text: but

text: not

text: all

text: women

text: can

text: best

text: attain

text: maximum

text: learning

text: potential

text: It

text: can

text: serve

text: to

text: overcome

text: the

text: historic

text: repression

text: of

text: the

text: past

text: and

text: can

text: orient

text: a

text: woman

text: to

text: function

text: and

text: achieve

text: in

text: the

text: still

text: male

text: dominated

text: economy

text: It

text: can

text: free

text: its

text: students

text: of

text: the

text: burden

text: of

text: playing

text: the

text: mating

text: game

text: while

text: attending

text: classes

text: thus

text: giving

text: academic

text: rather

text: than

text: sexual

text: emphasis

text: Consequently

text: many

text: such

text: institutions

text: flourish

text: and

text: their

text: graduates

text: make

text: significant

text: contributions

text: to

text: the

text: arts

text: professions

text: and

text: business

text: Brief

text: for

text: Mississippi

text: University

text: for

text: Women

text: Alumnae

text: Association

text: as

text: Amicus

text: Curiae

text: T

text: he

text: Constitution

text: does

text: not

text: require

text: that

text: a

text: classification

text: keep

text: abreast

text: of

text: the

text: latest

text: in

text: educational

text: opinion

text: especially

text: when

text: there

text: remains

text: a

text: respectable

text: opinion

text: to

text: the

text: contrary

text: Any

text: other

text: rule

text: would

text: mean

text: that

text: courts

text: and

text: not

text: legislatures

text: would

text: determine

text: all

text: matters

text: of

text: public

text: policy

text: Williams

text: v

text: McNair

text: F

text: Supp

text: SC

text: footnote

text: omitted

text: summarily

text: aff

text: d

text: U

text: S

text: See

text: Kirchberg

text: v

text: Feenstra

text: U

text: S

text: invalidating

text: statute

text: that

text: gave

text: husband

text: as

text: head

text: and

text: master

text: of

text: property

text: jointly

text: owned

text: with

text: his

text: wife

text: the

text: unilateral

text: right

text: to

text: dispose

text: of

text: such

text: property

text: without

text: his

text: spouse

text: s

text: consent

text: Wengler

text: v

text: Druggists

text: Mutual

text: Ins

text: Co

text: U

text: S

text: invalidating

text: law

text: under

text: which

text: the

text: benefits

text: that

text: the

text: working

text: woman

text: can

text: expect

text: to

text: be

text: paid

text: to

text: her

text: spouse

text: in

text: the

text: case

text: of

text: her

text: work

text: related

text: death

text: are

text: less

text: than

text: those

text: payable

text: to

text: the

text: spouse

text: of

text: the

text: deceased

text: male

text: wage

text: earner

text: Stanton

text: v

text: Stanton

text: U

text: S

text: invalidating

text: statute

text: that

text: provided

text: a

text: shorter

text: period

text: of

text: parental

text: support

text: obligation

text: for

text: female

text: children

text: than

text: for

text: male

text: children

text: Weinberger

text: v

text: Wiesenfeld

text: U

text: S

text: invalidating

text: statute

text: that

text: failed

text: to

text: grant

text: a

text: woman

text: worker

text: the

text: same

text: protection

text: which

text: a

text: similarly

text: situated

text: male

text: worker

text: would

text: have

text: received

text: Frontiero

text: v

text: Richardson

text: U

text: S

text: invalidating

text: statute

text: containing

text: a

text: mandatory

text: preference

text: for

text: male

text: applicants

text: Reed

text: v

text: Reed

text: U

text: S

text: invalidating

text: an

text: arbitrary

text: preference

text: established

text: in

text: favor

text: of

text: males

text: in

text: the

text: administration

text: of

text: decedent

text: s

text: estates

text: See

text: also

text: Caban

text: v

text: Mohammed

text: U

text: S

text: invalidating

text: law

text: that

text: both

text: denied

text: men

text: the

text: opportunity

text: given

text: to

text: women

text: of

text: blocking

text: the

text: adoption

text: of

text: his

text: illegitimate

text: child

text: by

text: means

text: of

text: withholding

text: his

text: consent

text: and

text: did

text: not

text: permit

text: men

text: to

text: counter

text: the

text: statute

text: s

text: generalization

text: that

text: the

text: maternal

text: role

text: is

text: more

text: important

text: to

text: women

text: than

text: the

text: paternal

text: role

text: is

text: to

text: men

text: Even

text: the

text: Court

text: does

text: not

text: argue

text: that

text: the

text: appropriate

text: standard

text: here

text: is

text: strict

text: scrutiny

text: a

text: standard

text: that

text: of

text: our

text: sex

text: discrimination

text: cases

text: ever

text: has

text: adopted

text: Sexual

text: segregation

text: in

text: education

text: differs

text: from

text: the

text: tradition

text: typified

text: by

text: the

text: decision

text: in

text: Plessy

text: v

text: Ferguson

text: U

text: S

text: of

text: separate

text: but

text: equal

text: racial

text: segregation

text: It

text: was

text: characteristic

text: of

text: racial

text: segregation

text: that

text: segregated

text: facilities

text: were

text: offered

text: not

text: as

text: alternatives

text: to

text: increase

text: the

text: choices

text: available

text: to

text: blacks

text: but

text: as

text: the

text: sole

text: alternative

text: MUW

text: stands

text: in

text: sharp

text: contrast

text: Of

text: Mississippi

text: s

text: public

text: universities

text: and

text: public

text: junior

text: colleges

text: only

text: MUW

text: considers

text: sex

text: as

text: a

text: criterion

text: for

text: admission

text: Women

text: consequently

text: are

text: free

text: to

text: select

text: a

text: coeducational

text: education

text: environment

text: for

text: themselves

text: if

text: they

text: so

text: desire

text: their

text: attendance

text: at

text: MUW

text: is

text: not

text: a

text: matter

text: of

text: coercion

text: The

text: Court

text: says

text: that

text: any

text: gender

text: based

text: classification

text: provides

text: one

text: class

text: a

text: benefit

text: or

text: choice

text: not

text: available

text: to

text: the

text: other

text: class

text: Ante

text: at

text: n

text: It

text: then

text: states

text: that

text: the

text: issue

text: is

text: not

text: whether

text: the

text: benefited

text: class

text: profits

text: from

text: the

text: classification

text: but

text: whether

text: the

text: State

text: s

text: decision

text: to

text: confer

text: a

text: benefit

text: only

text: upon

text: one

text: class

text: by

text: means

text: of

text: a

text: discriminatory

text: classification

text: is

text: substantially

text: related

text: to

text: achieving

text: a

text: legitimate

text: and

text: substantial

text: goal

text: Ibid

text: emphasis

text: added

text: This

text: is

text: not

text: the

text: issue

text: in

text: this

text: case

text: Hogan

text: is

text: not

text: complaining

text: about

text: any

text: benefit

text: conferred

text: upon

text: women

text: Nor

text: is

text: he

text: claiming

text: discrimination

text: because

text: Mississippi

text: offers

text: no

text: all

text: male

text: college

text: As

text: his

text: brief

text: states

text: Joe

text: Hogan

text: does

text: not

text: ask

text: to

text: attend

text: an

text: all

text: male

text: college

text: which

text: offers

text: a

text: Bachelor

text: of

text: Science

text: in

text: Nursing

text: he

text: asks

text: only

text: to

text: attend

text: MUW

text: Brief

text: for

text: Respondent

text: And

text: he

text: asks

text: this

text: only

text: for

text: his

text: personal

text: convenience

text: Students

text: in

text: respondent

text: s

text: position

text: in

text: being

text: denied

text: the

text: right

text: to

text: attend

text: the

text: State

text: college

text: in

text: their

text: home

text: town

text: are

text: treated

text: no

text: differently

text: than

text: are

text: other

text: students

text: who

text: reside

text: in

text: communities

text: many

text: miles

text: distant

text: from

text: any

text: State

text: supported

text: college

text: or

text: university

text: The

text: location

text: of

text: any

text: such

text: institution

text: must

text: necessarily

text: inure

text: to

text: the

text: benefit

text: of

text: some

text: and

text: to

text: the

text: detriment

text: of

text: others

text: depending

text: upon

text: the

text: distance

text: the

text: affected

text: individuals

text: reside

text: from

text: the

text: institution

text: Heaton

text: v

text: Bristol

text: S

text: W

text: d

text: Tex

text: Civ

text: App

text: cert

text: denied

text: U

text: S

text: quoted

text: in

text: Williams

text: v

text: McNair

text: F

text: Supp

text: at

text: Such

text: a

text: plan

text: i

text: e

text: giving

text: the

text: student

text: a

text: choice

text: of

text: a

text: single

text: sex

text: and

text: coeducational

text: institutions

text: exalts

text: neither

text: sex

text: at

text: the

text: expense

text: of

text: the

text: other

text: but

text: to

text: the

text: contrary

text: recognizes

text: the

text: equal

text: rights

text: of

text: both

text: sexes

text: to

text: the

text: benefit

text: of

text: the

text: best

text: most

text: varied

text: system

text: of

text: higher

text: education

text: that

text: the

text: State

text: can

text: supply

text: Williams

text: v

text: McNair

text: supra

text: at

text: n

text: quoting

text: Heaton

text: v

text: Bristol

text: supra

text: at

text: For

text: instance

text: the

text: School

text: of

text: Nursing

text: takes

text: up

text: pages

text: of

text: MUW

text: s

text: page

text: course

text: catalog

text: See

text: Mississippi

text: University

text: for

text: Women

text: Bulletin

text: E

text: g

text: Bachelor

text: of

text: Arts

text: Bachelor

text: of

text: Science

text: Master

text: of

text: Arts

text: Master

text: of

text: Science

text: See

text: id

text: at

text: MUW

text: also

text: offers

text: special

text: preprofessional

text: programs

text: in

text: law

text: dentistry

text: medicine

text: pharmacy

text: physical

text: therapy

text: and

text: veterinary

text: medicine

text: Ibid

text: MUW

text: s

text: Bulletin

text: in

text: its

text: Table

text: of

text: Contents

text: lists

text: the

text: following

text: subjects

text: offered

text: in

text: its

text: School

text: of

text: Arts

text: and

text: Sciences

text: Air

text: Force

text: ROTC

text: Art

text: Behavioral

text: Sciences

text: Biological

text: Sciences

text: Business

text: and

text: Economics

text: Cooperative

text: Education

text: English

text: and

text: Foreign

text: Languages

text: Health

text: Physical

text: Education

text: Recreation

text: and

text: Dance

text: History

text: Journalism

text: and

text: Broadcasting

text: Mathematics

text: Music

text: Physical

text: Sciences

text: and

text: Speech

text: Communication

text: See

text: id

text: at

text: For

text: instance

text: the

text: catalog

text: for

text: the

text: coeducational

text: University

text: of

text: Mississippi

text: lists

text: in

text: its

text: general

text: description

text: the

text: Sarah

text: Isom

text: Center

text: for

text: Women

text: s

text: Studies

text: which

text: is

text: described

text: as

text: dedicated

text: to

text: the

text: development

text: of

text: curriculum

text: and

text: scholarship

text: about

text: women

text: the

text: dissemination

text: of

text: information

text: about

text: their

text: expanding

text: career

text: opportunities

text: and

text: the

text: establishment

text: of

text: mutual

text: support

text: networks

text: for

text: women

text: of

text: all

text: ages

text: and

text: backgrounds

text: University

text: of

text: Mississippi

text: Undergraduate

text: Catalog

text: This

text: listing

text: precedes

text: information

text: about

text: the

text: University

text: s

text: Law

text: and

text: Medical

text: Centers

text: Id

text: at

text: The

text: Court

text: argues

text: that

text: MUW

text: s

text: means

text: are

text: not

text: sufficiently

text: related

text: to

text: its

text: goal

text: because

text: it

text: has

text: allowed

text: men

text: to

text: audit

text: classes

text: The

text: extent

text: of

text: record

text: information

text: is

text: that

text: men

text: have

text: audited

text: courses

text: in

text: the

text: last

text: years

text: Brief

text: for

text: Respondent

text: On

text: average

text: then

text: men

text: have

text: audited

text: courses

text: a

text: year

text: MUW

text: s

text: current

text: annual

text: catalog

text: lists

text: courses

text: offered

text: in

text: one

text: year

text: See

text: Mississippi

text: University

text: for

text: Women

text: Bulletin

text: passim

text: It

text: is

text: understandable

text: that

text: MUW

text: might

text: believe

text: that

text: it

text: could

text: allow

text: men

text: to

text: audit

text: courses

text: without

text: materially

text: affecting

text: its

text: environment

text: MUW

text: charges

text: tuition

text: but

text: gives

text: no

text: academic

text: credit

text: for

text: auditing

text: The

text: University

text: evidently

text: is

text: correct

text: in

text: believing

text: that

text: few

text: men

text: will

text: choose

text: to

text: audit

text: under

text: such

text: circumstances

text: This

text: deviation

text: from

text: a

text: perfect

text: relationship

text: between

text: means

text: and

text: ends

text: is

text: insubstantial

text: The

text: Court

text: in

text: the

text: opening

text: and

text: closing

text: sentences

text: and

text: note

text: of

text: its

text: opinion

text: states

text: the

text: issue

text: in

text: terms

text: only

text: of

text: a

text: professional

text: nursing

text: school

text: and

text: decline

text: s

text: to

text: address

text: the

text: question

text: of

text: whether

text: MUW

text: s

text: admissions

text: policy

text: as

text: applied

text: to

text: males

text: seeking

text: admission

text: to

text: schools

text: other

text: than

text: the

text: School

text: of

text: Nursing

text: violates

text: the

text: Fourteenth

text: Amendment

text: This

text: would

text: be

text: a

text: welcome

text: limitation

text: if

text: in

text: fact

text: it

text: leaves

text: MUW

text: free

text: to

text: remain

text: an

text: all

text: women

text: s

text: university

text: in

text: each

text: of

text: its

text: other

text: schools

text: and

text: departments

text: which

text: include

text: four

text: schools

text: and

text: more

text: than

text: a

text: dozen

text: departments

text: Cf

text: nn

text: supra

text: The

text: question

text: the

text: Court

text: does

text: not

text: answer

text: is

text: whether

text: MUW

text: may

text: remain

text: a

text: women

text: s

text: university

text: in

text: every

text: respect

text: except

text: its

text: School

text: of

text: Nursing

text: This

text: is

text: a

text: critical

text: question

text: for

text: this

text: University

text: and

text: its

text: responsible

text: board

text: and

text: officials

text: The

text: Court

text: holds

text: today

text: that

text: they

text: have

text: deprived

text: Hogan

text: of

text: constitutional

text: rights

text: because

text: MUW

text: is

text: adjudged

text: guilty

text: of

text: sex

text: discrimination

text: The

text: logic

text: of

text: the

text: Court

text: s

text: entire

text: opinion

text: apart

text: from

text: its

text: statements

text: mentioned

text: above

text: appears

text: to

text: apply

text: sweepingly

text: to

text: the

text: entire

text: University

text: The

text: exclusion

text: of

text: men

text: from

text: the

text: School

text: of

text: Nursing

text: is

text: repeatedly

text: characterized

text: as

text: gender

text: based

text: discrimination

text: subject

text: to

text: the

text: same

text: standard

text: of

text: analysis

text: applied

text: in

text: previous

text: sex

text: discrimination

text: cases

text: of

text: this

text: Court

text: Nor

text: does

text: the

text: opinion

text: anywhere

text: deny

text: that

text: this

text: analysis

text: applies

text: to

text: the

text: entire

text: University

text: The

text: Court

text: nevertheless

text: purports

text: to

text: decide

text: this

text: case

text: narrow

text: ly

text: Normally

text: and

text: properly

text: we

text: decide

text: only

text: the

text: question

text: presented

text: It

text: seems

text: to

text: me

text: that

text: in

text: fact

text: the

text: issue

text: properly

text: before

text: us

text: is

text: the

text: single

text: sex

text: policy

text: of

text: the

text: University

text: and

text: it

text: is

text: this

text: issue

text: that

text: I

text: have

text: addressed

text: in

text: this

text: dissent

text: The

text: Court

text: of

text: Appeals

text: so

text: viewed

text: this

text: case

text: and

text: unambiguously

text: held

text: that

text: a

text: single

text: sex

text: state

text: institution

text: of

text: higher

text: education

text: no

text: longer

text: is

text: permitted

text: by

text: the

text: Constitution

text: I

text: see

text: no

text: principled

text: way

text: in

text: light

text: of

text: the

text: Court

text: s

text: rationale

text: to

text: reach

text: a

text: different

text: result

text: with

text: respect

text: to

text: other

text: MUW

text: schools

text: and

text: departments

text: But

text: given

text: the

text: Court

text: s

text: insistence

text: that

text: its

text: decision

text: applies

text: only

text: to

text: the

text: School

text: of

text: Nursing

text: it

text: is

text: my

text: view

text: that

text: the

text: Board

text: and

text: officials

text: of

text: MUW

text: may

text: continue

text: to

text: operate

text: the

text: remainder

text: of

text: the

text: University

text: on

text: a

text: single

text: sex

text: basis

text: without

text: fear

text: of

text: personal

text: liability

text: The

text: standard

text: of

text: such

text: liability

text: is

text: whether

text: the

text: conduct

text: of

text: the

text: official

text: violate

text: s

text: clearly

text: established

text: statutory

text: or

text: constitutional

text: rights

text: of

text: which

text: a

text: reasonable

text: person

text: would

text: have

text: known

text: Harlow

text: v

text: Fitzgerald

text: U

text: S

text: The

text: Court

text: today

text: leaves

text: in

text: doubt

text: the

text: reach

text: of

text: its

text: decision