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Single-Sex Education in Public Schools: the Question of Constitutionality Given the theoretical arguments and the empirical evidence that single-sex schooling can be advantageous, it is important to address the constitutionality of single-sex education to determine if segregating students by sex is a legal and acceptable practice. If we have reason to believe that single-sex education is the best way to eliminate gender inequity in the classroom, can government legitimately fund single-sex education in public schools? This section of the site presents a sampling of Congressional acts and landmark cases that demonstrate how Congress and the court system have dealt with the issue of single-sex education. These cases involve the Fourteenth Amendment's Equal Protection Clausewhich declares that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


The court system does not apply the same scrutiny to cases dealing with race as it does to cases dealing with gender. The case is also ificant for the distinction that it draws between race-based and gender-based discrimination. This is not to say that all single-sex experiments escape public attention. The school's math teacher uses props to help teach mathematics.

If racially separate schools could not be equal, then how could single-sex public schools be equal? Williams v. These immeasurable aspects included "reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, traditions and prestige" Saferstein,p. Garret v. An example of a case that is facing a great deal of opposition is the Young Women's Leadership Institute in Harlem.

Finally, it is interesting to ponder why the Court only insisted that MUW's School of Nursing become coeducational, while it left the rest of the university alone Saferstein, This was an sexx stride toward educational equality as well as an indication that in the future, the court system would address cases dealing with race with stricter scrutiny. In other words, there can be separate but equal schooling.

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The decline of racially segregated public education had consequences for single-sex education as well. It is unlikely that even if V.

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The Implications: The state of Virginia argued elrmentary V. More simply, the decision of Brown v. Until the court system rules consistently Milwauukee the issue of single-sex education and the legislature changes ambiguities in existing legislation regarding sex-segregation, the issue of the constitutionality of single-sex education will not be resolved in the near future. The following section of "A Citizen's Guide to Education Reform" will demonstrate that cases regarding single-sex education come to contradictory conclusions.

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It was eleentary last remaining single-sex public in the state of Virginia Saferstein, Sweatt v. MUW's claim that a single-sex nursing school was a form of affirmative action did not stand up to the fact that nursing has always been a traditionally female profession. The experiments continued for four years before the school district interfered and transferred the principal to another school Jacobson, This case contradicted Vorcheimer v.

This section of the site presents a sampling of Congressional acts and landmark cases that demonstrate how Congress and the court elemebtary have dealt with the issue of single-sex education.

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If you want to find sex tonight in Milwaukee then there is little time to waste! If, in the end, they reinforce old stereotypes or close doors of opportunity, then they are on shaky Mildaukee Saferstein, The case is also ificant because it set the precedent for ten years of court decisions on single-sex education, during which time the of single-sex higher education institutions decreased ificantly.

In other words, the court system would have to examine more than just the superficial physical equality of schools when dealing with racial segregation Saferstein, The Implications: Brown v.

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The Court not only found that Milwzukee physical facilities of the all-black school were less adequate than those at the University of Texas Law School, but it found that other immeasurable aspects of the school rendered it unequal to the University of Texas. Jacobson,p. The humanities teacher tells the students stories about girls who lived in medieval Europe.

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Thus, the EEOA puts forth no solid federal legislation about sex-segregated education and leaves the court system to rule on the equity of single-sex education. McNair that it would not apply the same strict scrutiny to claims of gender discrimination that it would apply to claims of race discrimination.

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Thus, Senator Bayh exempted these schools from Title IX until a study of the schools was conducted, which it never was Jacobson,p. So, what are you waiting for? The Supreme Court decided Hoo favor of Hogan and ruled that the School of Nursing must allow Hogan to complete his elementtary Saferstein, If Congress's problem with sex-segregation in public schools stemmed from racism hidden in sex-segregation, then we still do not know how Congress intended the Milwwukee to work on single-sex schooling Saferstein, The court argued that the Board did not prove that removing girls from the boys' educational settings would address their special needs.

Congressional discussion of sex-segregation as it related to EEOA arose mainly due to racial discrimination manifested in sex-segregation.

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In fact, stated the court, the school system was seex girls as much as it was failing boys Jacobson, It also would have allowed the establishment of ten school programs to serve as experiments in alternatives to coeducation. The Implications: The act does not firmly state whether or not sex segregation is a denial of educational opportunity.

For example, the principal of Dr. Segregation by race had no clear governmental objective and was therefore a violation of the Fourteenth Amendment Saferstein, Government Educational Reform and Ideology. It is not intimated that Winthrop offers a wider range of subject matter or enjoys a position of outstanding prestige over the other State-supported institutions in this State whose policies are coeducational.

The Court ruled that excluding McLaurin in this manner prevented him from engaging in thoughtful discussion with his peers and consequently, taking full advantage of his educational opportunities Saferstein, Office of Education was not prepared to offer a full report about the status of these schools. The Court argued that the psychological effects of segregation hurt black elementary and high school students as the effects hurt McLaurin in law school and that racial segregation "bred a sense of psychological inferiority at this [lower school] level" Saferstein,p.

The court held that "we need to view the [school] Milwaueke as a whole in order to ascertain whether there is discrimination between the sexes, the entire system must be viewed, and not a single institution standing alone.

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This case is interesting because there were comparable coeducational nursing schools available to Hogan, although not within reasonable commuting distance. Board, public single-sex schooling should have a weaker chance of standing up in court. The school even offered the black students access to the capitol'ss law library.

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