Historical Highlights: US. v. VA.

As a child, I was encouraged to be anything I wanted to be (as long it was among the acceptable careers in the Indian trifecta: lawyer/doctor/ engineer). But for the most part, I never felt that I was treated any differently than my little brother or my male friends in school. But as we got older, I noticed the different expectations, subtle but there, that society has placed on each gender.

I can accept that both genders are afflicted by this type of discrimination: men are supposed to be strong, powerful, and brave. Sensitive little boys are ridiculed, males are expected to be the primary source of income to provide for their families, and height, something none of us can change, has become indicative of attractiveness. If you’re short enough to walk under the limbo stick, the female gender is swiping left. Sorry Jack.

In the same breath, women are treated as fragile. Those who choose not to have children still face societal scrutiny, and an independent woman with an opinion of her own is often seen as a threat.

To me at least, gender discrimination is obvious, even today. So when I went on a date, and the guy, denied the existence of the pay gap, I was astounded. We are so progressive in so many ways; sure women are allowed to work, we can own property and vote, but there still exists an undercurrent of gender inequality in many aspects of life, including in the work place.

And why not? Despite the 2:1 ratio of women to men in New York City, to quote my favorite legal footnote (US v. Carolene Products Society), women are a “discrete and insular” minority. It’s easy to discriminate against women, even unconsciously.

As I wrote in a previous post, there are so many aspects of a woman’s appearance or person that can cause her to be passed over for a job or a promotion. Hair, makeup, and clothing aside, employers may consider a man over a woman for a job or promotion, because in the long-term, a woman candidate may get pregnant or have other familial obligations that will be prioritized. This is because, of course, women are expected to take care of the household. That ideology has existed since before Aristotle wrote about the different spheres women and men should occupy.

My first instinct when I think of the military is G.I. Joe, not G.I. Jane. When someone talks about their doctor, my initial impression is that they are speaking about a male doctor, much to my chagrin. That’s why precedent like the one that arose out of US v. Virginia in 1996 is so important.

The opinion, announced on June 26, 1996 in a 7-1 decision, made it clear that the male-only admissions policy at Virginia Military Institute violated the Equal Protection Clause of the 14th Amendment. Why? because the policy lacked an “exceedingly persuasive justification.”

Virginia offered to create a parallel program for women, but while the Fourth Circuit ruled that the two programs would be “substantively comparable” in its education, the Supreme Court did not agree. The women-oriented program would not provide the same benefits as Virginia Military Institute offered their male counterparts. The reputation, resources, and rigorous training would not be matched, and thus resulted in a violation of the EPC.

I 100% agree with this ruling, though, it’s not hard to see why Virginia did not understand the need to include women at the Military Institute until this ruling. The idea that a woman can be equally strong, that she is capable of handling the same level of physical training and hardship, the idea that a woman would be just as interested in pursuing an high caliber military education, probably did not cross the minds of those who ran and established the institute. But I am so thankful for the countless brave women who undertake such responsibility and education to keep our country safe.

It might take a little while before society as a whole stops associating different traits to specific genders–a time when men can cry without being seen as weak and women can be angry without being called a shrew– but until then, we’ll all just have to keep proving the world wrong.

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