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In United States v. Virginia, the United States District Court for the Western District of Virginia held that Virginia Military Institute ("VMI"), a state-supported college, can exclude women under its 152- year-old admissions policy without violating the Equal Protection Clause of the Fourteenth Amendment. The court based its decision on the United States Supreme Court's holding in Mississippi University for Women v. Hogan. Applying the Hogan test, the district court held that VMI's discrimination serves an important state educational objective by enhancing the diversity of Virginia's overall education system and that the exclusive admissions policy is substantially related to the achievement of this objective. According to District Judge Jackson L. Kiser, "VMI truly marches to the beat of a different drummer, and I will permit it to continue to do so.''

This Casenote begins with a discussion of the development of the intermediate scrutiny test employed by the Supreme Court. Next, it provides a brief discussion of the VMI experience, along with the facts and procedural history of United States v. Virginia. An examination of the present controversy follows, including arguments presented by both sides and a discussion of the court's opinion. The Casenote concludes with an analysis of the decision.