Unit 3-Discussion Board
A couple of years have passed since majority opinion efforts towards ending the “Exceedingly persuasive” arguments were presented to the Supreme Court. Virginia argument proposed that male Supreme Court had noticed gender-based biasness through woman, thus prepared to categorize gender as one of the suspect classes. This was a speculation of equal gender based protection plan, although the Supreme Court showed no willingness to make an informed decision. There is no clear conviction on how the Supreme Court would carry out its Judgment.
Perhaps, the court’s decision on Virginia Military Institute portrays broad implications for gender based equality law beyond same sex education framework (Oyez, n.d.). As a result, the Supreme Court will be motivated to remove the debate on women despite the convincing by the majority and may fail to appear in the future core instruction plan by the court.
However, some scholars share Justice Scalia’s argument that measures used by the majority opinion group were challenging and stricter as compared to those applied on previous gender based protection cases (Oyez, n.d.). Justice Scalia further argued that if consideration for sex-based categorization acted as a fitting subject, the best argument would not be on the elevation of standards but on the reduction of rational-based review.
Personally, I believe that much speculation was applied for both majority opinion and Justice Scalia arguments to arrive to their decisions. My opinion is justified by the argument that there was no clear justification to declare gender related case a suspect. Hence, the process required a more strict scrutiny. In addition, some of the court members considered Virginia the basis upon which gender ruling decision could be justified as a suspect class after a given time. Conclusively, Virginia Women Institute for leadership (VWIL) program has remained a shadow of Virginia Men Institute (VMI) based on influence, funding, alumni, support, prestige, and faculty stature.
Reference
Oyez. (n.d.). United States v.Virginia. Retrieved from https://www.oyez.org/cases/1995/94-1941
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