Minow: Expect issue of sex segregated schools to reach Supreme Court

by on August 3, 2010  •  In Constitutional law

Harvard Law Dean Martha Minow has just published In Brown's Wake, a book that analyzes the multiple legacies of Brown v. Board of Education – including in litigation over non-race issues, social science and beyond the U.S.

From an interview of her at SCOTUSblog:

Which big issues concerning school integration – racial or otherwise – do you think are likely to come before the Court next?

Minow: I think that the treatment of gender separation in schools is on its way to the [Supreme] Court.  There are an escalating number of single-sex classrooms and single-sex schools operated by public school systems or with public dollars.  And there’s confusion, even among advocates, about what is the best interpretation of statutory as well as constitutional law with regard to those programs, including whether there must be a comparable alternative offered to people of the other sex.  That was a question that was left open in the Virginia Military Institute case [United States v. Virginia (1996)], and I think that there will be further litigation on that question in the federal courts.  It may well make its way up to the Supreme Court.


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