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MMLU / A state-funded military institute accepts only male students. The college-level…

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question

A state-funded military institute accepts only male students. The college-level school has a renowned history of producing military and government leaders. It is known for having a uniquely rigorous form of military training that builds strong character forged in the tribulations of adversity and military discipline. A woman with excellent scholastic and athletic achievements applied for admission and was turned down. She brought an injunctive action in federal court claiming a denial of equal protection guaranteed by the Fourteenth Amendment. The state offered to develop a parallel military school for women that would not be as physically demanding or as confrontational. Facilities and faculty would not be equal to the men's institute because of initial budgetary restraints. In light of U.S. Supreme Court precedent, what should the federal district court rule?

choices

  1. There is no equal protection problem when the state offers a parallel program of education to women.
  2. There is no equal protection problem because the unique attributes of a men-only vigorous military training program is constitutionally justified in not allowing women.
  3. There is a denial of equal protection because the "parallel" program does not provide the same rigorous military training or the full spectrum of benefits.
  4. This may be a violation of the civil rights laws against gender discrimination but it has nothing to do with a denial of equal protection.

subject

professional_law

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