Facts
United
States sued Commonwealth of Virginia alleging equal protection violation in maintaining military college
exclusively for males.
The U.S. District Court entered judgment for Commonwealth.
Appeal was taken.
The Fourth Circuit Court vacated
and remanded.
On remand, the Commonwealth moved for approval of a proposed
remedial plan, and the District Court approved proposal. Appeal was taken.
The
Court of Appeals affirmed.
United
States sought certiorari.
The Supreme Court granted certiorari.
Holding
(1)
Commonwealth failed to show exceedingly persuasive justification for excluding
women from citizen-soldier program offered at Virginia military college in
violation of equal protection;
(2)
remedial plan offered by Commonwealth to create separate program for women at
another college did not afford both
genders benefits comparable in substance to survive equal protection
evaluation; and
(3)
use of substantive comparability inquiry to review remedial plan was plain
error.
