Law Commons^™

Single-Sex Education After United States V. Virginia, Catherine O’Neill

Faculty Articles

In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.