United States v. Virginia, 518 U.S. 515, 44 (1996)

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558

UNITED STATES v. VIRGINIA

Rehnquist, C. J., concurring in judgment

There is no reason to believe that the admission of women capable of all the activities required of VMI cadets would destroy the Institute rather than enhance its capacity to serve the "more perfect Union."

* * *

For the reasons stated, the initial judgment of the Court of Appeals, 976 F. 2d 890 (CA4 1992), is affirmed, the final judgment of the Court of Appeals, 44 F. 3d 1229 (CA4 1995), is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Thomas took no part in the consideration or decision of these cases.

Chief Justice Rehnquist, concurring in the judgment. The Court holds first that Virginia violates the Equal Protection Clause by maintaining the Virginia Military Institute's (VMI's) all-male admissions policy, and second that establishing the Virginia Women's Institute for Leadership (VWIL) program does not remedy that violation. While I agree with these conclusions, I disagree with the Court's analysis and so I write separately.

I

Two decades ago in Craig v. Boren, 429 U. S. 190, 197 (1976), we announced that "[t]o withstand constitutional challenge, . . . classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives." We have adhered to that standard of scrutiny ever since. See Califano v. Gold-farb, 430 U. S. 199, 210-211 (1977); Califano v. Webster, 430 U. S. 313, 316-317 (1977); Orr v. Orr, 440 U. S. 268, 279 (1979); Caban v. Mohammed, 441 U. S. 380, 388 (1979); Davis v. Passman, 442 U. S. 228, 234-235, 235, n. 9 (1979); Personnel Administrator of Mass. v. Feeney, 442 U. S. 256, 273 (1979);

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