WPCAE 2ABcR Z23|["m^36Gff%==\o3=33ffffffffff33oooQzKfzztzp=o=o\%ffQi\=bp:6m:p\ifQUGpbbbX=o=o=3============i:fffffQ\\\\K:K:K:K:p\\\\ppppbfi\\b\zifffQQQQi\\\\bbbbbbppK:K:K:K:fmz:z:z:z:z:pppp\\QQQtUtUtUtUzGzGzGppppppbpXpXpXiz:pQtUzGbbi\pNo3o\6QNNfff=7f=f=%GGf//\\pp%G=ooee3o<gwZZskkkkB{sssZZcJRRRkkkl_dRZ>\J\B\JlZoN21mRgR\lNaJlRsRSRYZB\BhVrNlRwgsg_BZ11RVVg_]Zk___________________BBBBBBBZZZZZZZZZZZZZZZZZZZZ111111111111RRRRRRRVVVVVVVVVVVVggggggggggggggggggggl\l2lhs2hR"m^!$/CCdb((gwZZskkkkB{sssZZcJRRRkkklWdPZH\I\I\IlWoY2(mWgRklWaMlWs\SCYG\IhSr\lWw_s\_BZ11RVVg_]Zk___________________BBBBBBBZZZZZZZZZZZZZZZZZZZZ111111111111RRRRRRRVVVVVVVVVVVVggggggggggggggggggggl\l2lhs2hR"m^*2gwZZskkkkB{sssZZcJRRRkkkl_dRZ>\J\B\JlZoN21mRgR\lNaJlRsRSRYZB\BhVrNlRwgsg_BZ11RVVg_]Zk___________________BBBBBBBZZZZZZZZZZZZZZZZZZZZ111111111111RRRRRRRVVVVVVVVVVVVggggggggggggggggggggl\l2lhs2hR"X^?Sf}}SSS}?S?F}}}}}}}}}}FFoSaSFSu}So}o}oS}}FF}F}}}}SaF}}}}ox2xS?SS*SSSSSSSSSS}FooooooooooSFSFSFSF}}}}}}}}}}o}}}}}}ooooooo}oooo}}}}}}}}SFSFSFSFa}FFFFF}}}}}}SSSaaaaFFF}}}}}}}ooo}F}SaF}}}}}NX?q}So}}}}}EN}K}K-oo}SS}}SoKF*RRdE|>gn|g|n|SR}{nnnRRnnnnnnnRRRRRRRRRRRRSS"X^?S}}SSS}?S?F}}}}}}}}}}SS}a}SFS}S}ooS}FSF}oaS}}}oc7cS?SS*SSSSSSSSSSF}}}}}oooooaFaFaFaF}}}}}}}}}}}}}oooooooo}}}}}}aFaFaFaF}FFFFF}}oooaaaaSSS}oooFoaS}}}NX?}S}}}}}}KS}K}KF}}}SS}}S}KF*RRdE|>gn|g|n|SR{nnnRRnnnnnnnRRRRRRRRRRRRSS20c`# c& c&* c-"m^3=Iff%==\o3=3offffffffff33oooQzKpzzz~~z=o=o\%ifQpQ=bp=:f=p\ifQQAp_\\U=o=o=3============f=iiiiiQQQQQK=K=K=K=p\\\\pppp~\ip\\~\\ziiiiQQQQpQQQQbbbbbbppK=K=K=K=pfz=z=z=z=z=pppp\\QQQzQzQzQzQ~A~A~Apppppp~\zUzUzUpz=pQzQ~A~\~\p\pNo3w\=QNNfffMDf=f=3GG\==\\pp%G=ooee3o<>RRR1,zzR1llRz199R&&IIZZ91YYQQi)Y00QQQiqiiYXX;Y(yiH$<euXXqiiii@yqqqXXaHQQQiiij]bQXHYYY66^E@@@@(JEEE66;,1N11@@@A9<16%7,7(7,A6C/A1>1P7A/:,A1E12156(7(>4E/A1H>E>9(6144>986@9999999999999999999(((((((666666666666666666661111111444444444444>>>>>>>>>>>>>>>>>>>>A7AA>E>129^1|5o6H}7&)o=3no P['C&P  &[G' ԦGG P['C^PDS?s\  PCPDS?#皝4  p(AC&u![2*d[ P['CP &]I(!̤PI P['ChPu![2*d[ P['CPu![2*4[e xzCX)o=34Roe xzC&X&r!Y1)LY P['CP )o=3no P['C&P &F66 P['CP&UC%D4C P['CJPBQck QuoteSingle spaced indented quote - Circv C   (  Cd  ( ( ( FTNFormats for each footnote,  X` hp x (#%'0*,.8135@8: ?r8@Final OpFinal Opinion Format #  ( (   X` hp x (#%'0*,.8135@8: discrimination in the future. Louisiana v. United  J States, 380 U. S. 145, 154 (1965).  Virginia chose not to eliminate, but to leave untouched, VMI's exclusionary policy. For women only, however, Virginia proposed a separate program, different in kind from VMI and unequal in tangible and intangi JN ble facilities.g Ni uB ԍ FTN  &  XgEpXFr  ddf < As earlier observed, see supra, at 11!12, Judge Phillips, in dissent, measured Virginia's plan against a paradigm arrangement, one that could survive equal protection scrutiny: singlesex schools with substantially comparable curricular and extracurricular programs, funding, physical plant, administration and support services, ... faculty[,] and library resources. 44 F.3d, at 1250.  uB Cf. Bray v. Lee, 337 F.Supp. 934 (D. Mass. 1972) (holding inconsistent with the Equal Protection Clause admission of males to Boston's Boys Latin School with a test score of 120 or higher (up to a top score of 200) while requiring a score, on the same test, of at least 133 for admission of females to Girls Latin School, but not ordering coeducation). Measuring VMI/VWIL against the paradigm, Judge Phillips said, reveals how far short the [Virginia] plan falls from providing substantially equal tangible and intangible educational benefits to men and women. 44 F.3d, at 1250.g Having violated the Constitution's equalNI "   protection requirement, Virginia was obliged to show that its remedial proposal directly address[ed] and  J relate[d] to the violation, see Milliken, 433 U.S., at  J 282, i.e., the equal protection denied to women ready, willing, and able to benefit from educational opportunities of the kind VMI offers. Virginia described VWIL as a parallel program, and asserted that VWIL shares VMI's mission of producing citizensoldiers and VMI's goals of providing education, military training, mental and physical discipline, character ... and leadership development. Brief for Respondents 24 (internal quotation marks omitted). If the VWIL program could not eliminate the discriminatory effects of the past, could it at least bar like discrimination in the future?  J See Louisiana, 380 U.S., at 154. A comparison of the programs said to be parallel informs our answer. In exposing the character of, and differences in, the VMI and VWIL programs, we recapitulate facts earlier  J0 presented. See supra, at 2!5, 8!9.  VWIL affords women no opportunity to experience the rigorous military training for which VMI is famed. See 766 F.Supp., at 1413!1414 ( No other school in Virginia or in the United States, public or private, offers the same kind of rigorous military training as is available  J@ at VMI.); id., at 1421 (VMI is known to be the most challenging military school in the United States). Instead, the VWIL program deemphasize[s] military education, 44 F. 3d, at 1234, and uses a cooperative method of education which reinforces selfesteem, 852 F.Supp., at 476.   VWIL students participate in ROTC and a largely ceremonial Virginia Corps of Cadets, see 44 F. 3d, at 1234,  but Virginia deliberately did not make VWIL a military institute. The VWIL House is not a militarystyle residence and VWIL students need not live together throughout the 4year program, eat meals together, or wear uniforms during the school day. See 852 F.Supp.,`"   at 477, 495. VWIL students thus do not experience the barracks life crucial to the VMI experience, the spartan living arrangements designed to foster an egalitarian ethic. See 766 F.Supp., at 1423!1424. [T]he most important aspects of the VMI educational experience occur in the barracks, the District Court found,  J id., at 1423, yet Virginia deemed that core experience nonessential, indeed inappropriate, for training its female citizensoldiers.    VWIL students receive their leadership training in seminars, externships, and speaker series, see 852 F.Supp., at 477, episodes and encounters lacking the [p]hysical rigor, mental stress, ... minute regulation of behavior, and indoctrination in desirable values made hallmarks of VMI's citizensoldier training, see 766  J F.Supp., at 1421.x i uB ԍ FTN  &  XgEpXFr  ddf < Both programs include an honor system. Students at VMI are expelled forthwith for honor code violations, see 766 F.Supp., at 1423; the system for VWIL students, see 852 F.Supp., at 496!497, is less severe, see Tr. 414!415 (testimony of Mary Baldwin College President Cynthia Tyson).x Kept away from the pressures, hazards, and psychological bonding characteristic of  JX VMI's adversative training, see id., at 1422, VWIL students will not know the feeling of tremendous accomplishment commonly experienced by VMI's  J successful cadets, id., at 1426.  J  Virginia maintains that these methodological differences are justified pedagogically, based on important differences between men and women in learning and developmental needs, psychological and sociological differences Virginia describes as real and not stereotypes. Brief for Respondents 28 (internal quotation marks omitted). The Task Force charged with developing the leadership program for women, drawn from the staff and faculty at Mary Baldwin College, determined that a military model and, especially VMI's adversativeP #"   method, would be wholly inappropriate for educating and  J training most women. 852 F.Supp., at 476 (emphasis added). See also 44 F.3d, at 1233!1234 (noting Task Force conclusion that, while some women would be suited to and interested in [a VMIstyle experience], VMI's adversative method would not be effective for  J women as a group) (emphasis added). The Commonwealth embraced the Task Force view, as did expert witnesses who testified for Virginia. See 852 F.Supp., at 480!481.  Jp  As earlier stated, see supra, at 24, generalizations about the way women are, estimates of what is  J appropriate for most women, no longer justify denying opportunity to women whose talent and capacity place them outside the average description. Notably, Virginia never asserted that VMI's method of education suits  J most men. It is also revealing that Virginia accounted for its failure to make the VWIL experience the entirely militaristic experience of VMI on the ground that VWIL is planned for women who do not necessarily expect to pursue military careers. 852 F.Supp., at 478. By that reasoning, VMI's entirely militaristic program would be  J inappropriate for men in general or as a group, for [o]nly about 15% of VMI cadets enter career military service. See 766 F.Supp., at 1432.  In contrast to the generalizations about women on which Virginia rests, we note again these dispositive realties: VMI's implementing methodology is not inherently unsuitable to women, 976 F.2d, at 899; some women ... do well under [the] adversative model, 766 F.Supp., at 1434 (internal quotation marks omitted); some women, at least, would want to attend  J [VMI] if they had the opportunity, id., at 1414; some women are capable of all of the individual activities  J required of VMI cadets, id., at 1412, and can meet the physical standards [VMI] now impose[s] on men, 976 F.2d, at 896. It is on behalf of these women that the`!"   United States has instituted this suit, and it is for them  J that a remedy must be crafted,3 i uB@ ԍ FTN  &  XgEpXFr  ddf < Admitting women to VMI would undoubtedly require alterations necessary to afford members of each sex privacy from the other sex in living arrangements, and to adjust aspects of the physical training programs. See Brief for Petitioner 27!29; cf. note following 10 U. S. C. 4342 (academic and other standards for women admitted to the Military, Naval, and Air Force Academies shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals). Experience shows such adjustments are manageable. See U. S. Military Academy, A. Vitters, N. Kinzer, & J. Adams, Report of Admission of Women (Project Athena IIV) (1977!1980) (4year longitudinal study of the admission of women to West Point); Defense Advisory Committee on Women in the Services, Report on the Integration and Performance of Women at West Point 17!18 (1992).3 a remedy that will end their exclusion from a statesupplied educational opportunity for which they are fit, a decree that will  J`  bar like discrimination in the future. Louisiana, 380 U.S., at 154.  ;H2 d d8B؃  L2  In myriad respects other than military training, VWIL does not qualify as VMI's equal. VWIL's student body, faculty, course offerings, and facilities hardly match VMI's. Nor can the VWIL graduate anticipate the benefits associated with VMI's 157!year history, the school's prestige, and its influential alumni network.  Mary Baldwin College, whose degree VWIL students will gain, enrolls firstyear women with an average combined SAT score about 100 points lower than the average score for VMI freshmen. 852 F.Supp., at 501. The Mary Baldwin faculty holds significantly fewer  J Ph.D.'s, id., at 502, and receives substantially lower salaries, see Tr. 158 (testimony of James Lott, Dean of Mary Baldwin College), than the faculty at VMI.  Mary Baldwin does not offer a VWIL student theN"I "   range of curricular choices available to a VMI cadet. VMI awards baccalaureate degrees in liberal arts, biology, chemistry, civil engineering, electrical and computer engineering, and mechanical engineering. See 852 F.Supp., at 503; Virginia Military Institute: More than an Education 11 (Govt. exh. 75, lodged with Clerk of this Court). VWIL students attend a school that does not have a math and science focus, 852 F.Supp., at 503; they cannot take at Mary Baldwin any courses in engineering or the advanced math and physics  Jp courses VMI offers, see id., at 477.  For physical training, Mary Baldwin has two multi J purpose fields and [o]ne gymnasium. Id., at 503. VMI has an NCAA competition level indoor track and field facility; a number of multipurpose fields; baseball, soccer and lacrosse fields; an obstacle course; large boxing, wrestling and martial arts facilities; an 11!lapstothemile indoor running course; an indoor pool; indoor and outdoor rifle ranges; and a football stadium that  J also contains a practice field and outdoor track. Ibid.  J  Although Virginia has represented that it will provide equal financial support for instate VWIL students and  J VMI cadets, id., at 483, and the VMI Foundation has  Jh agreed to endow VWIL with $5.4625 million, id., at 499, the difference between the two schools' financial reserves is pronounced. Mary Baldwin's endowment, currently about $19 million, will gain an additional $35 million based on future commitments; VMI's current endowment, $131 million"the largest perstudent endowment in the  Jx Nation"will gain $220 million. Id., at 503.  The VWIL student does not graduate with the advantage of a VMI degree. Her diploma does not unite her with the legions of VMI graduates [who] have distinguished themselves in military and civilian life. See 976 F.2d, at 892!893. [VMI] alumni are exceptionally close to the school, and that closeness accounts, in part, for VMI's success in attracting applicants. See 766`#"   F.Supp., at 1421. A VWIL graduate cannot assume that the network of business owners, corporations, VMI graduates and nongraduate employers ... interested in hiring VMI graduates, 852 F.Supp., at 499, will be equally responsive to her search for employment, see 44 F. 3d, at 1250 (Phillips, J., dissenting) ( the powerful political and economic ties of the VMI alumni network cannot be expected to open for graduates of the fledgling VWIL program).  Virginia, in sum, while maintaining VMI for men only, has failed to provide any comparable singlegender  JH women's institution. Id., at 1241. Instead, the Commonwealth has created a VWIL program fairly appraised as a pale shadow of VMI in terms of the range of curricular choices and faculty stature, funding, prestige,  J alumni support and influence. See id., at 1250 (Phillips, J., dissenting).  Virginia's VWIL solution is reminiscent of the remedy Texas proposed 50 years ago, in response to a state trial court's 1946 ruling that, given the equal protection guarantee, African Americans could not be denied a  J legal education at a state facility. See Sweatt v.  J Painter, 339 U. S. 629 (1950). Reluctant to admit African Americans to its flagship University of Texas Law School, the State set up a separate school for  J Herman Sweatt and other black law students. Id., at 632. As originally opened, the new school had no independent faculty or library, and it lacked accredita J tion. Id., at 633. Nevertheless, the state trial and appellate courts were satisfied that the new school offered Sweatt opportunities for the study of law substantially equivalent to those offered by the State to  J white students at the University of Texas. Id., at 632 (internal quotation marks omitted).  Before this Court considered the case, the new school had gained a faculty of five fulltime professors; a student body of 23; a library of some 16,500 volumes`$"   serviced by a fulltime staff; a practice court and legal aid association; and one alumnus who ha[d] become a  J member of the Texas Bar. Id., at 633. This Court contrasted resources at the new school with those at the school from which Sweatt had been excluded. The University of Texas Law School had a fulltime faculty of 16, a student body of 850, a library containing over 65,000 volumes, scholarship funds, a law review, and  J moot court facilities. Id., at 632!633.  More important than the tangible features, the Court emphasized, are those qualities which are incapable of objective measurement but which make for greatness in a school, including reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, traditions and  J prestige. Id., at 634. Facing the marked differences  J reported in the Sweatt opinion, the Court unanimously ruled that Texas had not shown substantial equality in the [separate] educational opportunities the State  J offered. Id., at 633. Accordingly, the Court held, the Equal Protection Clause required Texas to admit African  J Americans to the University of Texas Law School. Id.,  J at 636. In line with Sweatt, we rule here that Virginia has not shown substantial equality in the separate educational opportunities the State supports at VWIL and VMI.  ;H2 d d8C؃  ,2  When Virginia tendered its VWIL plan, the Fourth Circuit did not inquire whether the proposed remedy, approved by the District Court, placed women denied the VMI advantage in the position they would have occu J pied in the absence of [discrimination]. Milliken, 433 U.S., at 280 (internal quotation marks omitted). Instead, the Court of Appeals considered whether the State could provide, with fidelity to the equal protection principle, separate and unequal educational programs for%"   men and women.  The Fourth Circuit acknowledged that the VWIL degree from Mary Baldwin College lacks the historical benefit and prestige of a degree from VMI. 44 F. 3d, at 1241. The Court of Appeals further observed that VMI is an ongoing and successful institution with a long history, and there remains no comparable single J gender women's institution. Ibid. Nevertheless, the appeals court declared the substantially different and significantly unequal VWIL program satisfactory. The court reached that result by revising the applicable standard of review. The Fourth Circuit displaced the  J standard developed in our precedent, see supra, at 13!16, and substituted a standard of its own invention.  We have earlier described the deferential review in  J which the Court of Appeals engaged, see supra, at 10!11, a brand of review inconsistent with the more  JX exacting standard our precedent requires, see supra, at  J0 13!16. Quoting in part from Mississippi Univ. for  J Women, the Court of Appeals candidly described its own analysis as one capable of checking a legislative purpose ranked as pernicious, but generally according deference to [the] legislative will. 44 F. 3d, at 1235, 1236. Recognizing that it had extracted from our decisions a test yielding little or no scrutiny of the effect of a classification directed at [singlegender education], the Court of Appeals devised another test, a substantive  J comparability inquiry, id., at 1237, and proceeded to  J find that new test satisfied, id., at 1241.  The Fourth Circuit plainly erred in exposing Virginia's VWIL plan to a deferential analysis, for all gender based classifications today warrant heightened scrutiny.  See  J J.E.B., 511 U. S., at 136. Valuable as VWIL mayprove for students who seek the program offered, Virginia's remedy affords no cure at all for the opportunities and advantages withheld from women who want  J` a VMI education and can make the grade. See supra,`&"    J at 31!36. i uBh ԍ FTN  &  XgEpXFr  ddf < Virginia's prime concern, it appears, is that plac[ing] men and women into the adversative relationship inherent in the VMI program ... would destroy, at least for that period of the adversative training, any sense of decency that still permeates the relationship  uBD between the sexes. 44 F. 3d, at 1239; see supra, at 22!27. It is  uB an ancient and familiar fear. Compare In re Lavinia Goodell, 39 Wis. 232, 246 (1875) (denying female applicant's motion for admission to the bar of its court, Wisconsin Supreme Court explained: Discussions are habitually necessary in courts of justice, which are unfit for female ears. The habitual presence of women at these would tend to relax the public sense of decency and propriety.), with Levine, Closing Comments, 6 Law & Inequality 41, 41 (1988) (presentation at Eighth Circuit Judicial Conference, Colorado Springs, Colorado, July 17, 1987) (footnotes omitted): Plato questioned whether women should be afforded equal opportunity to become guardians, those elite Rulers of Platonic society. Ironically, in that most undemocratic system of government, the Republic, women's native ability to serve as guardians was not seriously questioned. The concern was over the wrestling and exercise class in which all candidates for guardianship had to participate, for rigorous physical and mental training were prerequisites to attain the exalted status of guardian. And in accord with Greek custom, those exercise classes were conducted in the nude. Plato concluded that their virtue would clothe the women's nakedness and that Platonic society would not thereby be deprived of the talent of qualified citizens for reasons of mere gender. For Plato's full text on the equality of women, see 2 The Dialogues of Plato 302!312 (B. Jowett transl., 4th ed. 1953). Virginia, not bound to ancient Greek custom in its rigorous physical and mental training programs, could more readily make the accommodations necessary to draw on the talent of [all] qualified citizens. Cf.  uB supra, at 34, n. 19. In sum, Virginia's remedy does not match the constitutional violation; the State has shown no exceedingly persuasive justification for withholding from women qualified for the experience premier training of the kind VMI affords.  9H1 d8'p"  Ԍd\7VII؃  2  A generation ago, the authorities controlling Virginia higher education, despite long established tradition, agreed to innovate and favorably entertain[ed] the [then] relatively new idea that there must be no discrimination by sex in offering educational opportunity.  JB Kirstein, 309 F.Supp., at 186. Commencing in 1970, Virginia opened to women educational opportunities at the Charlottesville campus that [were] not afforded in  J other [Stateoperated] institutions. Id., at 187; see  J supra, at 20. A federal court approved the State's innovation, emphasizing that the University of Virginia offer[ed] courses of instruction ... not available elsewhere. 309 F.Supp., at 187. The court further noted: [T]here exists at Charlottesville a `prestige' factor [not paralleled in] other Virginia educational institu J tions. Ibid.  VMI, too, offers an educational opportunity no other Virginia institution provides, and the school's prestige"associated with its success in developing citizensoldiers"is unequaled. Virginia has closed this facility to its daughters and, instead, has devised for them a parallel program, with a faculty less impressively credentialed and less well paid, more limited course offerings, fewer opportunities for military training and  JJ for scientific specialization. Cf. Sweatt, 339 U.S., at 633. VMI, beyond question, possesses to a far greater degree than the VWIL program those qualities which are incapable of objective measurement but which make for greatness in a ... school, including position and influence of the alumni, standing in the community,  JZ traditions and prestige. Id., at 634. Women seeking and fit for a VMIquality education cannot be offered anything less, under the State's obligation to afford them genuinely equal protection.  A prime part of the history of our Constitution, historian Richard Morris recounted, is the story of the("   extension of constitutional rights and protections to  J people once ignored or excluded.K i uB@ ԍR. Morris, The Forging of the Union, 1781!1789, p. 193 (1987); see  uB id., at 191, setting out letter to a friend from Massachusetts patriot (later second President) John Adams, on the subject of qualifications for voting in his home state: [I]t is dangerous to open so fruitful a source of controversy and altercation as would be opened by attempting to alter the qualifications of voters; there will be no end of it. New claims will arise; women will demand a vote; lads from twelve to twentyone will think their rights not enough attended to; and every man who has not a farthing, will demand an equal voice with any other, in all acts of state. It tends to confound and destroy all distinctions, and prostrate all ranks to one common level. Letter from John Adams to James Sullivan (May 26, 1776), in 9 Works of John Adams 378 (C. Adams ed. 1854). VMI's story continued as our comprehension of We the People expanded.  J See supra, at 29, n. 16. There is no reason to believe that the admission of women capable of all the activities required of VMI cadets would destroy the Institute rather than enhance its capacity to serve the more perfect Union. 2* * *  For the reasons stated, the initial judgment of the Court of Appeals, 976 F.2d 890 (CA4 1992), is affirmed, the final judgment of the Court of Appeals, 44 F. 3d 1229 (CA4 1995), is reversed, and the case is remanded for further proceedings consistent with this opinion.  J ` BIt is so ordered.ă Justice Thomas took no part in the consideration or decision of this case.