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(b) The single-sex admissions policy of MUW's School of Nursing cannot be justified on the asserted ground that it compensates for discrimination against women and, therefore, constitutes educational affirmative action. O'CONNOR, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, and STEVENS, JJ., joined. POWELL, J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. In 1971, MUW established a School of Nursing, initially offering a 2-year associate degree. in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education; . It seems to me that in fact the issue properly before us is the single-sex policy of the University, and it is this issue that I have addressed in this dissent. The Court nevertheless purports to decide this case "narrow[ly]." Normally and properly we decide only the question presented. Zona Fairbanks Hostetler, Suellen Terrill Keiner, Phyllis N. This case presents the narrow issue of whether a state statute that excludes males from enrolling in a state-supported professional nursing school violates the Equal Protection Clause of the Fourteenth Amendment. In 1884, the Mississippi Legislature created the Mississippi Industrial Institute and College for the Education of White Girls of the State of Mississippi, now the oldest state-supported all-female college in the United States. Since 1974, he has worked as a nursing supervisor in a medical center in Columbus, the city in which MUW is located. Through that provision, the State argued, Congress limited the reach of the Fourteenth Amendment by exercising its power under § 5 of the Amendment. The standard of such liability is whether the conduct of the official "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Lichtman filed a brief for the National Women's Law Center et al. JUSTICE O'CONNOR delivered the opinion of the Court. Respondent, Joe Hogan, is a registered nurse but does not hold a baccalaureate degree in nursing. § 1681 et seq., expressly had authorized MUW to continue its single-sex admissions policy by exempting public undergraduate institutions that traditionally have used single-sex admissions policies from the gender discrimination prohibition of Title IX. But given the Court's insistence that its decision applies only to the School of Nursing, it is my view that the Board and officials of MUW may continue to operate the remainder of the University on a single-sex basis without fear of personal liability. To the contrary, MUW's policy of permitting men to attend classes as auditors fatally undermines its claim that women, at least those in the School of Nursing, are adversely affected by the presence of men. (c) Nor can the exclusion of men from MUW's School of Nursing be justified on the basis of the language of § 901(a)(5) of Title IX of the Education Amendments of 1972, which exempts from § 901(a)'s general prohibition of gender discrimination in federally funded education programs the admissions policies of public institutions of undergraduate higher education "that traditionally and continually from [their] establishment [have] had a policy of admitting only students of one sex." It is not clear that, as argued by the State, Congress enacted the statute pursuant to its power granted by § 5 of the Fourteenth Amendment to enforce that Amendment, and thus placed a limitation upon the broad prohibitions of the Equal Protection Clause.

Because Hogan's claim is thus limited, and because we review judgments, not statements in opinions, Black v. We begin our analysis aided by several firmly established principles. In announcing Wellesley's decision in 1973 to remain a women's college, President Barbara Newell said that "[t]he research we have clearly demonstrates that women's colleges produce a disproportionate number of women leaders and women in responsible positions in society; it does demonstrate that the higher proportion of women on the faculty the higher the motivation for women students." Carnegie Report, in Babcock, at 1014. But, having found "discrimination," the Court finds it difficult to identify the victims.

Vassar was founded in 1865, Smith and Wellesley in 1875, Radcliffe in 1879 Bryn Mawr in 1885, and Barnard in 1889. Ross, Sex Discrimination and the Law 1013, 1014 (1975) (Babcock). It can serve to overcome the historic repression of the past and can orient a woman to function and achieve in the still male dominated economy. The cases cited by the Court therefore do not control the issue now before us. 190 (1976), a male under 21 was not permitted to buy beer anywhere in the State, and women were afforded no choice as to whether they would accept the "statistically measured but loose-fitting generalities concerning the drinking tendencies of aggregate groups." Id., at 209. The extent of record information is that men have audited 138 courses in the last 10 years. On average, then, men have audited 14 courses a year.

Because we conclude that the challenged statutory classification is not substantially related to an important objective, we need not decide whether classifications based upon gender are inherently suspect. Of the Seven Sisters, Mount Holyoke opened as a female seminary in 1837 and was chartered as a college in 1888. have more role models and mentors among women teachers and administrators." Carnegie Report, quoted in K. "An institution of collegiate higher learning maintained exclusively for women is uniquely able to provide the education atmosphere in which some, but not all, women can best attain maximum learning potential. Nor are there prior sex discrimination decisions by this Court in which a male plaintiff, as in this case, had the choice of an equal benefit. The Court argues that MUW's means are not sufficiently related to its goal because it has allowed men to audit classes.

Following a hearing, the District Court denied preliminary injunctive relief.

With him on the briefs were Bill Allain, Attorney General of Mississippi, and Ed Davis Noble, Jr., Assistant Attorney General. School officials informed him that he could audit the courses in which he was interested, but could not enroll for credit. Hogan sought injunctive and declaratory relief, as well as compensatory damages. When Hogan offered no further evidence, the District Court entered summary judgment in favor of the State. The Court of Appeals for the Fifth Circuit reversed, holding that, because the admissions policy discriminates on the basis of gender, the District Court improperly used a "rational relationship" test to judge the constitutionality of the policy. Instead, the Court of Appeals stated, the proper test is whether the State has carried the heavier burden of showing that the gender-based classification is substantially related to an important governmental objective. Recognizing that the State has a significant interest in providing educational opportunities for all its citizens, the court then found that the State had failed to show that providing a unique educational opportunity for females, but not for males, bears a substantial relationship to that interest. Holding that the policy excluding Hogan because of his sex denies him equal protection of the laws, the court vacated the summary judgment entered against Hogan as to his claim for monetary damages, and remanded for entry of a declaratory judgment in conformity with its opinion and for further appropriate proceedings. On rehearing, the State contended that Congress, in enacting § 901(a)(5) of Title IX of the Education Amendments of 1972, Pub.

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