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Writing for the majority, Justice Ruth Bader Ginsburg stated that because VMI failed to show " exceedingly persuasive justification " for its sex-based admissions policy, it violated the Fourteenth Amendment's Equal Protection Clause.
In an attempt to satisfy equal protection requirements, the state of Virginia had proposed a parallel program for women, called the Virginia Women's Institute for Leadership ( VWIL ), located at Mary Baldwin College, a private liberal arts women's college.

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