The Future of Single-Sex Education After United ... - Stetson University

FILE:C:\WP51\DOCS\LANDFeb 02/21/2 Thu 3:26PM324 Stetson Law Review [Vol. XXVIIly-funded single-sex education and to some forms of publicly-fundedsingle-sex education, single-sex schools may be a viable alternativefor states experimenting with educational programs.V. CONCLUSIONThe majority in the VMI decision clearly invalidates unique,publicly-funded single-sex schools like VMI. However, the Courtimplies in footnote seven that a state may be able to justify someforms of publicly-funded single-sex schools, as long as the schoolsare equitably provided to both genders. 178 In light of the VMI decisionand application of the intermediate scrutiny test, the constitutionalvalidity of “separate-but-equal” single-sex schools is a distinctpossibility. Additionally, the existing statutory protections forequal treatment of both genders would not preclude some forms ofsingle-sex education. Specifically, private single-sex colleges do notviolate Fourteenth Amendment Equal Protection due to the legaldistinction between private and public schools. Moreover, publicprimary and secondary single-sex education alternatives are possibleeven after the VMI decision. 179 Despite the dissenting opinion'sclaims, the majority opinion offered a viable potential for states topass intermediate scrutiny in defense of public funding of someforms of single-sex education.178. See discussion supra Part III.D.179. It remains to be seen whether many students would opt for a single-sexalternative. But interest in single-sex education would likely grow if it were providedpublicly as opposed to privately.