Army Regulation 600-13 of Virginia breaches the Biblical Equality Principle and the Equal Protection Clause of the Fourteenth Amendment by having an admittance policy solely for males. Through its public institution, the Virginia Military Institute, the state of Virginia enforced a policy to generate citizen soldiers who are solely exclusively for men. The goal was to prepare them for outstanding military service and civilian life. This higher education prepares these students to become intellectually and physically disciplined soldiers who follow a strict moral code. Though an excellent initiative, it breaches fundamental principles of equality as found in the Bible and the Constitution.
The United States became aware of the prevailing inequality and decided to act. The states filed a lawsuit against the state of Virginia and VMI, alleging violations of the Equal Protection Clause of the Fourteenth Amendment.[1] The lower court ruled in favor of the Virginia Military Institute. The Fourth Circuit upheld the decision but noted that VMI must devise a remedy to rectify the constitutional breach. Lastly, Virginia developed the Virginia Women’s Institute for Leadership (VWIL) as a remedy to comply with Virginia’s constitutional violations.[2] The realization of the dream that all men are created equal was becoming a reality.
The Biblical Equality Principle from God is best described when Paul insists that men and women in the church must be treated equally. There is no such thing as a Jew or a Greek, an enslaved person or a free man, a male or a female; you are all one in Christ Jesus.[3] God created all human beings equally, and it is man’s responsibility to do their best to demonstrate their significance and dignity to be worthy of God’s expectations. They do the right and reasonable thing at all times because they are all made in God’s image.[4] “Female soldiers’ assignment policy enables women for the service of enlisted specialty or in any officer or position for a routine mission in the engagement of direct combat,” according to Army Regulation 600–13.
When Virginia founded VWIL, the Fourth Circuit upheld the trial court’s decision, concluding that VMI’s educational possibilities as a single-gender institute were a reasonable goal. The lower court supported equal protection scrutiny by stating that VMI and VWIL students receive nearly identical privileges.[5] Although the Court of Appeals for the Fourth Circuit acknowledged that a VMI degree is more distinguished than a VWIL degree, the court determined that the two schools offer the same educational possibilities.
Moreover, to comply with the Equal Protection Clause of the Fourteenth Amendment and prevent constitutional violations, persuasive justification must be appropriately proved in favor of gender-based government action. Suppose a state or federal government’s official policy or law discriminates against women. That is because they are women, without considering their characteristics and talents. In that case, the state or federal government is likely to breach the equal protection clause. It is incorrect to categorize women’s social, legal, and economic inferiority based on gender.
The Equal Protection Clause’s governing laws ensure that governmental bodies do not deny U.S. citizens equal protection and must treat them in the same manner as others in similar circumstances. The Equal Protection Clause of the Fourteenth Amendment was drafted to require states to provide equal protection.[6] The Due Process Clause of the Fifth Amendment of the Bill of Rights was drafted to require the federal government to provide equal protection to all individuals residing in the United States. However, it is vital to remember that a government can discriminate against individuals if the discrimination meets the equal protection test.[7] The analysis must persuade individuals that their guaranteed equal rights have been infringed by the state or federal government. If this has occurred, the individual can file a lawsuit against the governmental entity to seek justice. That individual must show that the government has caused him actual injury, and after this has been established, the court will assess and scrutinize the government’s actions.
The Supreme Court of the United States determined that Virginia Women’s Institute for Leadership is distinct from Virginia Military Institute in In re United States v. Virginia, 518 U.S. 515. VWIL was founded as a women’s-only liberal arts institution, whereas VMI was structured as a male-only college. According to the findings, the founding of the Virginia Women’s Institute for Leadership did not rectify VMI’s constitutional infraction.[8] VMI’s training and education and its post-graduation benefits do not, in Ginsburg’s opinion, compare to or even come close to what VWIL can provide. Ginsburg says VMI alumni have higher long-term benefits than VWI graduates. Ginsburg held that persuasive justification is required from Virginia.[9] Therefore, the majority’s level of review strongly suggested that results looked arguably more significant than the regular intermediate scrutiny for gender-based grounds.
Justice William Hubbs Rehnquist of the United States Supreme Court agreed that the state of Virginia had committed a constitutional violation. He then decided that the educational level of VMI and VWIL was roughly similar. According to the Declaration of Independence and the biblical reality, all human beings are created equal, whether men or women.[10] According to the Declaration of Independence, all human beings are equally formed in God’s image, whether men or women.
In conclusion, Army Regulation 600-13 of Virginia violated the Biblical Equality Principle from God. Paul emphasized that there must be no unequal treatment among men and women in the church. The Army regulation also violated the Equal Protection Clause of the Fourteenth Amendment. Reforms are therefore needed to foster equality and gender unbiasedness.
Footnotes
- United States v. Virginia et al.: certiorari to the united states court of appeals for the fourth circuit.
- Legal Information Institute, United States v. Virginia et al. (Apr. 10, 7:42 AM).
- Galatians 3:27-28 NIV
- Genesis 1:27 NIV
- Department of the Army, Army Policy for the Assignment of Female Orders: Army Regulation 600 – 13 (Apr. 9, 2019, 8:37 PM).
- Legal Information Institute, Equal Protection (Apr. 11, 2019, 8:48 AM).
- Legal Information Institute, Equal Protection (Apr. 11, 2019, 8:48 AM).
- JUSTIA, United States v. Virginia, 518 U.S. 515 (Apr. 10, 2019, 7:31 AM).
- JUSTIA, United States v. Virginia, 518 U.S. 515 (Apr. 10, 2019, 7:31 AM).
- Genesis 1:27 NIV