The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 22, 1982
Decision: Thursday, July 1, 1982
Issues: Civil Rights, Sex Discrimination
Categories: affirmative action, education, gender

Advocates

Wilbur O. Colom (Argued the cause for the respondent)
Hunter M. Gholson (Argued the cause for the petitioners)

Facts of the Case

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.

Question

Did the state statute which prevented men from enrolling in MUW violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

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."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Hogan, 4 vote(s) against
Legal Provision: Equal Protection
Wrote a dissent
Burger
Voted with the majority
Brennan
Voted with the majority
White
Voted with the majority
Marshall
Wrote a dissent
Blackmun
Wrote a dissent
Powell
Voted with the minority, joined Powell's dissent
Rehnquist
Voted with the majority
Stevens
Wrote the majority opinion
O'Connor
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Miss. Univ. for Women v. Hogan, 458 U.S. 718 (1982),
available at: <http://www.oyez.org/cases/1980-1989/1981/1981_81_406/>
(last visited ).