Re: Legality of single-sex education -Reply
Thu, 12 Mar 1998 20:37:21 -0500

There is a long line of case cites that apply a less stringent scrutiny
to gender discrimination than to race discrimination -- in education or
in any other state action. The most recent case is US v. Virginia (the
VMI case). In that case, Justice Ginsburg clarified the "intermediate
scrutiny" standard a bit. Some think that her words move women slightly
more toward strict scrutiny, but still not there. You can find the case
on the internet under US Supreme Court decisions at
Kristen Galles, Equity Legal;

Linda Purrington wrote:
> Can you give us some case citations for the courts ruling differently in
> gender discrimination cases? Is there any reason to believe they are
> headed more toward Brown? LP
> Linda Purrington <>
> _______________________________________
> PEGGY WEEKS wrote:
> >
> > We have to be very careful in citing the Brown v. Board decision. This
> > decision was fundamentally a disparate-impact decision. The courts
> > have historically ruled differently when a disparate impact case involving
> > sex discrimination has come before it. The court has been more willing
> > to "buy" the disparate impact theory in race discrimination cases than in
> > sex discrimination cases...
> >

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