West Virginia v. B. P. J. · ¶175

The Court has closely scrutinized differences like this in others cases too. In United States v. Virginia, 518 U. S. 515, for example, the Court addressed the lawfulness of the Virginia Military Institute’s (VMI’s) male-only admissions policy. The Court held that Virginia could not “constitutionally deny to women who have the will and capacit[y] the . . . opportunities that VMI uniquely affords,” even if “most women” did not have that “will and capacity.” Id., at 542.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.