Joe Hogan, a registered nurse and qualified applicant, was denied admission to the Mississippi University for Women School of Nursing's baccalaureate program on the basis of sex. Created by a state statute in 1884, MUW was the oldest state-supported all-female college in the United States.
Did the state statute which prevented men from enrolling in MUW violate the Equal Protection Clause of the Fourteenth Amendment?
Yes. The Court held that the state did not provide an "exceedingly persuasive justification" for the gender-based distinction. The state's primary argument, that the policy constituted educational affirmative action for women, was "unpersuasive" to the Court since women traditionally have not lacked opportunities to enter nursing. If anything, argued Justice O'Connor, the statute "tends to perpetuate the stereotyped view of nursing as an exclusively women's job."
Decisions
Decision: 5 votes for Hogan, 4 vote(s) against Legal provision: Equal Protection
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Full Opinion by Justice Sandra Day O'Connor
