Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 25, 1993 TAG: 9305250338
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
SOURCE: MADELYN ROSENBERG STAFF WRITER
DATELINE: LEXINGTON LENGTH: Long
But those words will not come from VMI, its spin doctors or its attorneys.
Monday, the Supreme Court turned away the college's argument that its ban on women promotes educational diversity.
Though there was disappointment that the high court won't hear the case, the ruling was just another step along the process, said Stephen Fogelman, head of VMI's alumni task force.
"The alumni are as committed as before, and we will see this matter through," he said.
If lawyers were clergy, VMI's defense team would have a congregation of supporters believing that the 154-year-old institute will remain, in glory, as it is.
"We are confident that preserving this proven educational system will be given the highest priority as this case proceeds to the remedy stage," said Robert Patterson, an alumnus and the attorney heading up VMI's defense. "Our commitment to preserving single-sex educational opportunities for both young women and young men remains undiminished."
Accompanying Monday's denial was an opinion written by Justice Antonin Scalia. Though the justice makes clear he is speaking only for himself, he suggests, some say, that VMI may indeed have its day in court - after all of the options in the lower courts have been exhausted.
Those options will be studied under the direction of U.S. District Judge Jackson Kiser, as charged by a 4th U.S. Circuit Court of Appeals ruling that charges Virginia with providing an educational opportunity for women that parallels VMI's austere military schooling.
The ruling does not force VMI to admit women but sets that out as a choice, along with setting up a similar all-female program, going private or coming up with another "creative option."
"Whether it is constitutional for a state to have a men-only military school is an issue that should receive the attention of this court before, rather than after, a national institution as venerable as the Virginia Military Institute is compelled to transform itself," Scalia said. VMI's petition sought intervention "before the litigation . . . has come to final judgment."
What that means, said Washington and Lee law Professor Allan Ides, "is this clearly isn't over."
If, for example, the district court comes up with a solution that VMI fears would change it, the case may go through the system again, said Ides, who has been following the proceedings through four years of court dates.
For the next two years, at least, the fourth class, or freshmen, likely will not have women in the rat line, Ides said. "We're still talking about several years of litigation."
The next steps will take place in Kiser's court, where the ruling had been in favor of VMI.
"It could be that VMI does change, but there are other things that the commonwealth could do for women," Ides said. "There could be something at UVa or Virginia Tech, or who knows what? The creative option is open now."
Phil Starling, a Norfolk cadet and president of VMI's upcoming senior class, said he would prefer to see women at a separate institution.
"I don't think there are enough [interested women] to make a whole 'nother school for them, but if anything is being explored as far as that goes, that's what I'd look at," he said.
VMI received no applications from women this year, though the school did receive inquiries from nearly 150.
This year's graduates, like Eric Plogger of Lexington, have heard about the case for their entire four years of college.
"I thought that by now, maybe a decision would be made," said Plogger, who graduated Saturday.
And, like the experts, he said he had believed the high court wouldn't hear the case.
"I'm sure a lot of people are disappointed, but a lot of us were expecting this," he said.
Another cadet said this week that he had figured women at VMI to be inevitable.
"I'm just glad I got out of here before they let them in," he said. "Well, actually, I would've liked to have been here when the first one came through. Yeah, I would've liked to see that."
There were few people on VMI's post on Monday, except a high school tennis tournament, two satellite television trucks and a few electricians, whose movements and whistling echoed through the empty barracks.
At the guard tower, two cadets who had volunteered to work through the break had been told to expect questions from the media.
"It's best to let the lawyers handle it," said Allen Johnson, cadet-turned-diplomat.
Only the public relations office, where Lt. Col. Mike Strickler sat with a desk coated with pink message slips, was buzzing.
"At this point, you want to run it to its end," Strickler said, as he tried to sneak bites of hamburger and conversation between phone calls.
"There's an awful lot that's been put into this and to back out - that's certainly not going to happen."
Finances of the case are private, but estimates have ranged from $200,000 to $300,000.
At The Citadel, the country's only other state-supported, all-male school, the high court's denial is not a huge concern. Not, says Maj. Rick Mill, when South Carolina's state legislature just last week passed a resolution in support of single-sex education.
"Certainly what happens at VMI will influence part of the case here, to a point," Mill said. But he said the public decree by the legislature "went a step further than the commonwealth has gone for VMI."
Staff writer Leigh Allen contributed information to this story.
by CNB