SINGLE-SEX EDUCATION: THE LAW SAYS PROCEED WITH CAUTION
Both the Constitution and Title IX of the Education Amendments of 1972 recognize that there are certain circumstances in which single-sex educational opportunities may be justified, but provide strong protections so that schools cannot use harmful stereotypes to limit girls' opportunities and aspirations through sex-segregated schools or classes. For example, the Constitution and Title IX's prohibition against sex discrimination in education opened up shop classes, vocational education schools for high-paid trades and prestigious academic high schools that had been for boys only. Most recently, the male-only policies of the Virginia Military Institute and the Citadel were declared unconstitutional, even though alternative women's schools were touted by Virginia and South Carolina as "comparable," and best-suited to women. These legal protections are as important now as ever.
The Constitution allows single-sex education programs for girls that are compensatory and operate to overcome barriers.
- In the Supreme Court's Virginia Military Institute case, the Court held that sex-based classifications must be based on an "exceedingly persuasive justification" and that such classifications can meet this justification when they are aimed at overcoming barriers to opportunity for women. The Supreme Court said "Sex classifications may be used to compensate women 'for particular economic disabilities they have suffered ... to promote equal employment opportunity ... to advance full development of the talent and capacities of our Nation's people.'"
Title IX allows single-sex programs only under appropriate circumstances.
- Like the Constitution, Title IX generally frowns on excluding students just because of their sex, but permits single-sex programs to be used when they are designed to compensate women for barriers to opportunity.
- Title IX also has certain common sense circumstances where single-sex classes are specifically allowed (e.g. competitive athletics, human sexuality classes, choirs).
- Unlike the Constitution, Title IX contains a statutory exception addressing admissions in elementary and secondary schools and single-sex schools in place before Title IX was passed, such as VMI, but this exception does not apply to vocational education, professional education, graduate higher education, and public institutions of undergraduate higher education.
Without the safeguards of the Constitution and Title IX, a school would not need any persuasive rationale or purpose for separating the sexes, and could use harmful stereotypes in a way that would hurt girls and young women.
