Christy BRZONKALA, Plaintiff-Appellant,
v.
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY; Antonio J. Morrison; James Landale Crawford, Defendants-Appellees, and
Cornell D. Brown; William E. Landsidle, in his capacity as Comptroller of the Commonwealth, Defendants.
Law Professors; Virginians Aligned Against Sexual Assault; The Antidefamation League; Center for Women Policy Studies; The DC Rape Crisis Center; Equal Rights Advocates; The Georgetown University Law Center Sex Discrimination Clinic; Jewish Women International; The National Alliance of Sexual Assault Coalitions; The National Coalition Against Domestic Violence; The National Coalition Against Sexual Assault; The National Network to End Domestic Violence; National Organization For Women; Northwest Women's Law Center; The Pennsylvania Coalition Against Domestic Violence, Incorporated; Virginia National Organization for Women; Virginia Now Legal Defense and Education Fund, Incorporated; Women Employed; Women's Law Project; Women's Legal Defense Fund; Independent Women's Forum; Women's Freedom Network, Amici Curiae.
United States of America, Intervenor-Appellant, and
Christy Brzonkala, Plaintiff,
v.
Antonio J. Morrison; James Landale Crawford, Defendants-Appellees, and
Virginia Polytechnic Institute and State University; Cornell D. Brown; William E. Landsidle, in his capacity as Comptroller of the Commonwealth, Defendants.
Law Professors; Virginians Aligned Against Sexual Assault; The Antidefamation League; Center for Women Policy Studies; The DC Rape Crisis Center; Equal Rights Advocates; The Georgetown University Law Center Sex Discrimination Clinic; Jewish Women International; The National Alliance of Sexual Assault Coalitions; The National Coalition Against Domestic Violence; The National Coalition Against Sexual Assault; The National Network to End Domestic Violence; National Organization for Women; Northwest Women's Law Center; The Pennsylvania Coalition Against Domestic Violence, Incorporated; Virginia National Organization for Women; Virginia Now Legal Defense and Education Fund, Incorporated; Women Employed; Women's Law Project; Women's Legal Defense Fund; Independent Women's Forum; Women's Freedom Network, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 3, 1998.
Decided March 5, 1999.
Attorney(s) appearing for the Case
ARGUED: Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Julie Goldscheid, NOW Legal Defense & Education Fund, New York, New York; Deborah L. Brake, National Women's Law Center, Washington, D.C., for Appellants. William Henry Hurd, Senior to the Attorney General, Office of the Attorney General, Richmond, Virginia; Michael E. Rosman, Center for Individual Rights, Washington, D.C., for Appellees. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Stephen W. Preston, Deputy Assistant Attorney General, Alisa B. Klein, Anne M. Lobell, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant United States; Martha F. Davis, NOW Legal Defense & Education Fund, New York, New York; Neena K. Chaudry, Marcia D. Greenberger, National Women's Law Center, Washington, D.C.; Eileen Wagner, Richmond, Virginia, for Appellant Brzonkala. Mark L. Earley, Attorney General of Virginia, William E. Thro, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia; Jerry D. Cain, Special Assistant Attorney General, Kay Heidbreder, Special Assistant Attorney General, Virginia Polytechnic Institute and State University, Blacksburg, Virginia, for Appellee VPI. Hans F. Bader, Center for Individual Rights, Washington, D.C.; W. David Paxton, M. Christina Floyd, Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellee Morrison; Joseph Graham Painter, Jr., Painter, Kratman, Swindell & Crenshaw, Blacksburg, Virginia, for Appellee Crawford. Sara D. Schotland, Amy W. Schulman, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., for Amici Curiae Law Professors. Janice Redinger, Virginians Aligned Against Sexual Assault, Charlottesville, Virginia; Minna J. Kotkin, Sara Kay, Federal Litigation Program, BLS Legal Services Corporation, Brooklyn, New York, for Amici Curiae Virginians Aligned, et al. E. Duncan Getchell, Jr., J. William Boland, Robert L. Hodges, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia, for Amicus Curiae Independent Women's Forum. Michael D. Weiss, Lawson, Weiss & Danziger, Houston, Texas, for Amicus Curiae Women's Freedom Network.
Before WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKES, NIEMEYER, HAMILTON, and WILLIAMS joined. Judge NIEMEYER wrote a concurring opinion. Judge DIANA GRIBBON MOTZ wrote a dissenting opinion, in which Judges MURNAGHAN, ERVIN, and MICHAEL joined.
OPINION
LUTTIG, Circuit Judge:
We the People, distrustful of power, and believing that government limited and dispersed
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