UNITED STATES of America, Plaintiff-Appellant,
v.
COMMONWEALTH OF VIRGINIA; L. Douglas Wilder, Governor of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III; Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Members of the Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association, Defendants-Appellees,
and
Gordon K. Davies, Director of the Virginia State Council of Higher Education; The Virginia State Council of Higher Education and its Members and Officers, Defendants.
Virginia Women Attorneys Association; Virginia Chapter of the American Association of University Women; Virginia Chapter of the Older Women's League; Virginia Federation of Business and Professional Women's Clubs, Incorporated; Friends of VMI for Equality; Alexander W. Astin; American Civil Liberties Union; ACLU Foundation of Virginia; National Women's Law Center; American Association of University Women; Center for Women Policy Studies; National Organization for Women; NOW Legal Defense and Education Fund; Virginia National Organization for Women; Virginia NOW Legal Defense and Education Fund, Incorporated; Women's Law Project; Women's Legal Defense Fund, Amici Curiae.
UNITED STATES of America, Plaintiff-Appellant,
v.
COMMONWEALTH OF VIRGINIA; George F. Allen, Governor, of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association; The Virginia State Council of Higher Education and its Members and Officers; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III, Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Defendants-Appellees,
and
Gordon K. Davies, Defendant.
The National Women's Law Center; American Association of University Women; American Civil Liberties Union; California Women's Law Center; Center for Women Policy Studies; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Inc.; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association for Girls & Women in Sport; National Association of Commissions for Women; National Council of Negro Women; National Education Association; National Gay and Lesbian Task Force; National Hookup of Black Women; National Organization for Women; NOW Legal Defense and Education Fund; National Women's Conference Committee; National Women's Party; Northwest Women's Law Center; Trial Lawyers for Public Justice; Women Employed; Women's Law Project; Women's Legal Defense Fund; YWCA of the U.S.A., Amici Curiae.
UNITED STATES of America, Plaintiff-Appellee,
v.
COMMONWEALTH OF VIRGINIA; George F. Allen, Governor, of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association; The Virginia State Council of Higher Education and its Members and Officers; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III, Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Defendants-Appellants,
and
Gordon K. Davies, Defendant.
The National Women's Law Center; American Association of University Women; American Civil Liberties Union; California Women's Law Center; Center for Women Policy Studies; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Inc.; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association for Girls & Women in Sport; National Association of Commissions for Women; National Council of Negro Women; National Education Association; National Gay and Lesbian Task Force; National Hookup of Black Women; National Organization for Women; NOW Legal Defense and Education Fund; National Women's Conference Committee; National Women's Party; Northwest Women's Law Center; Trial Lawyers for Public Justice; Women Employed; Women's Law Project; Women's Legal Defense Fund; YWCA of the U.S.A., Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
September 19, 1996.
September 19, 1996.
Attorney(s) appearing for the Case
Deval L. Patrick, Assistant Attorney General, David O. Simon, Acting Deputy Assistant Attorney General, Thomas E. Chandler, Jessica Dunsay Silver, Civil Rights Division, United States Department of Justice, Washington, DC, for Appellant. Robert H. Patterson, Jr., Anne Marie Whittemore, William G. Broaddus, J. William Boland, Frank B. Atkinson, H. Alexander Wise, McGuire, Woods, Battle & Boothe, Richmond, Virginia; James S. Gilmore, III, Attorney General of Virginia, William Henry Hurd, Deputy Attorney General of Virginia, Richmond, Virginia; Griffin B. Bell, William A. Clineburg, Jr., King & Spalding, Atlanta, Georgia; William B. Poff, Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellees. Eileen N. Wagner, Richmond, Virginia; Karen R. Keesling, Falls Church, Virginia; Sylvia Clute, Richmond, Virginia, for Amici Curiae Virginia Women Attorneys Association, et al. Marcia D. Greenberger, Ellen J. Vargyas, Shirley Sagawa, National Women's Law Center, Washington, D.C.; Joan E. Bertin, Elisabeth A. Werby, Isabelle Katz Pinzler, Jacqueline A. Berrien, American Civil Liberties Union Foundation, New York, New York; Stephen B. Pershing, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia; Robert N. Weiner, Leigh McAfee, Mark Eckenwiler, Stefanie J. Raker, Arnold & Porter, Washington, D.C., for Amici Curiae National Women's Law Center, et al. James W. Tredway, III, Christian, Barton, Epps, Brent & Chappell, Richmond, Virginia, for Amicus Curiae Mary Baldwin College. David M. Lascell, Rebecca A. Kirch, Hallenbeck, Lascell & Pineo, Rochester, New York, for Amici Curiae Wells College, et al.
Before NIEMEYER, Circuit Judge, PHILLIPS, Senior Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
In United States v. Commonwealth of Virginia,976 F.2d 890 (4th Cir.1992), we held that single-gender education is pedagogically justifiable for both males and females, and therefore that "the homogeneity of gender in the process, regardless of which sex is considered" warrants a state's offering single-gender education. Id. at 897. But because the Commonwealth of Virginia was offering single-gender education...
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