West Virginia v. B. P. J. · ¶177

Here again, B. P. J. is making a similar claim. Even though, she says, West Virginia’s classification may substantially further the State’s interests in most applications, as was the case for most of the women who did not want to and could not attend VMI, the State’s interests are not substantially furthered as applied to her subclass, as was the case for “some women” who did want to and could attend VMI. The Court’s holding in Virginia thus shows that unresolved factual differences matter, even if the classes of people to whom they might be relevant are themselves small.

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