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- ETHICS, Page 66The Thin Gray Gender Line
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- V.M.I. gets state funds, and it bars women. Fine, says a federal
- judge, because that permits "bonding."
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- The all-male Virginia Military Institute was faring better
- than the beleaguered Boy Scouts last week. A federal judge ruled
- that the elite college, which has maintained a single-sex
- admissions policy since its founding in 1839, could continue to
- discriminate. "V.M.I. truly marches to the beat of a different
- drummer," concluded Judge Jackson L. Kiser, "and I will permit
- it to continue to do so."
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- The Justice Department brought suit against V.M.I. 16
- months ago, claiming that exclusion of women from the state
- school was unconstitutional under the 14th Amendment's
- equal-protection clause. After hearing arguments in April, Judge
- Kiser, who got his law degree from Washington and Lee University
- 33 years before it became coed, found that as a single-sex
- school V.M.I. adds important diversity to Virginia's education
- system that would be lost if women joined the 1,350-strong cadet
- corps. The Justice Department has two months to appeal.
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- This decision goes against a 1982 Supreme Court ruling
- that forbids gender discrimination in schools receiving federal
- or state funds. In that case, the Justices said, a
- tax-supported female nursing school in Mississippi could not
- refuse to enroll men, since a single-sex policy was not
- necessary to achieve an important educational goal. Citing the
- Mississippi case, Judge Kiser concluded that V.M.I.'s goals
- would be thwarted if women were admitted. His ruling, complained
- Ellen Vargyas, senior counsel for the National Women's Law
- Center, turns the 1982 precedent "upside down."
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- V.M.I., which receives $9 million annually from the state
- -- a third of its budget -- is an old-fashioned military
- school, but only about 15% of its graduates enter the armed
- forces. The majority move smoothly into the Old Dominion's most
- powerful business and political ranks. Barring women from the
- school effectively curtails their access to that old-boy
- network.
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- In his 21-page opinion, Judge Kiser took note of the
- school's traditions. V.M.I.'s freshman-class members -- the
- "rats" as they are called -- are hazed unmercifully, forced to
- live under Spartan conditions and confronted with demeaning
- physical demands. Kiser observed that the "rat line" creates a
- "bonding to their fellow sufferers and former tormentors." Any
- changes made in the rat line to accommodate women, he said,
- would thwart the college's mission.
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- If V.M.I. were a private institution, it would be as free
- to keep out women as it is to require every cadet to snap a
- morning salute in front of a bronze statue of Confederate
- General Stonewall Jackson, who taught there from 1851 to 1861.
- "We're not talking about whether there is a role for single-sex
- education," says Vargyas. "The real question is, Can the brother
- rats have male bonding with tax money from the state of
- Virginia?'' In the wake of Operation Desert Storm, in which
- women died alongside men for their country, Judge Kiser's ruling
- seems rather jarring -- especially since female taxpayers help
- pay for V.M.I.'s different drummer.
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- By Emily Mitchell. Reported by Julie Johnson/Washington
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