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Law

Substantive Equality in Gender Discrimination Cases

Quick fact

In United States v. Virginia (1996), the Supreme Court held that the Virginia Military Institute's male-only admissions policy violated equal protection, explaining that a state must show an 'exceedingly persuasive justification' for gender-based classifications, and that offering a separate women's program was not equal—because it lacked the same benefits and prestige. This case exemplifies substantive equality because the Court looked at real-world disparities, not just formal separate-but-equal provisions.

Why this is interesting

Imagine two people running a race, but one starts fifty meters behind. Simply telling them to 'run equally' doesn't make the race fair. That's the puzzle substantive equality addresses in law.