THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, April 29, 1995 TAG: 9504290353
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 57 lines
An appeals court refused Friday to rehear the federal government's lawsuit challenging Virginia Military Institute's men-only admissions policy.
An unidentified judge on the 4th U.S. Circuit Court of Appeals asked for the rehearing. A divided three-judge panel of the appeals court in January upheld VMI's plan to establish an alternative female military school rather than admit women.
``More than 40 years ago the Supreme Court unanimously held that a state could not constitutionally provide a `separate but equal' education to African-Americans,'' Judge Diana Motz wrote in a blistering dissent to Friday's order.
``Yet in a 2-1 decision, a panel of this court has now held that a state can constitutionally provide a separate - and concededly not even equal - education to women.''
The appeals court voted 6-4 in favor of rehearing the case. However, three judges did not vote, and a rehearing requires approval of a majority of the court's 13 judges.
The Justice Department, which brought the lawsuit on behalf of an unidentified northern Virginia girl, has not said whether it will appeal to the U.S. Supreme Court. The deadline is May 26.
Meanwhile, the state is proceeding with plans to open the Virginia Women's Institute of Leadership at private, all-female Mary Baldwin College in August. Mary Baldwin spokeswoman Christa Cabe said Friday that 31 women have enrolled, and 18 others have been accepted but have not sent in their $300 deposits. The school had anticipated about 25 participants.
In her dissent, Motz said there is no way to create a program for women that would equal the prestige of VMI.
``People do not seek to attend VMI only for the course work or the citizenship and military training,'' Motz wrote. ``At least as important is VMI's reputation, the opportunity to know and learn from other students, faculty and graduates, and the ability to rely on those connections and friendships later in life.''
She also said the state failed to prove single-gender education promotes a legitimate government objective. She said VMI's mission of producing ``citizen-soldiers, educated and honorable'' is similar to the mission the U.S. military academies accomplish with women as well as men.
Judges Donald S. Russell, H. Emory Widener Jr., Paul V. Niemeyer and Clyde Hamilton voted against rehearing the VMI case. Voting in favor of rehearing were Judges Kenneth K. Hall, Francis D. Murnaghan Jr., William W. Wilkins Jr., J. Harry Michael, Sam J. Ervin III and Motz.
Judges Karen J. Williams, James Harvie Wilkinson III and Michael Luttig did not vote. Their reasons were not stated in the order. by CNB