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The Supreme Court is not deciding anything with regard to sex-based discrimination right now. I would be surprised if it even mentioned anything in dicta (non-binding comments not necessary to the holding) about this topic.

Also, if/when the question comes up, there is a different standard for sex-based discrimination than race-based. The former is subject to intermediate scrutiny, whereas the latter is subject (in general) to strict scrutiny.

So it is plausible that the Court would determine that some sex-based discrimination is acceptable, and simultaneously determine that no race-based discrimination is acceptable.




The ruling almost certainly would include sex because it's part of the same law that protects against racial discrimination. Title VI of the civil rights act specifically protects these plus religion and nationality. If it applies to race (and it obvious does) it applies to all of them.

It's honestly astounding that anyone finds this racism either moral or legal. It's precisely the same thing that the civil rights act forbids and for good reason.


Nope. Sex is exempt from discrimination protections by law to allow same-sex colleges. (Public colleges cannot consider sex, however).

See https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2891107


It seems ridiculous for it to turn out that way. Let's make sure we have enough men in college, but it's wrong to increase the Black representation?


Sex and race are just treated differently by law. The supreme court wouldn't allow drafting only black people, but it does allow drafting only men.


The rules about sex-based discrimination were not crafted for the purpose of college admissions. This is just how the law has evolved around treating people of different sexes and races differently.

Another consequence of having the looser "intermediate scrutiny" for sex discrimination is that the FBI can have different fitness requirement for male and female recruits. Ditto for armed forces, and for laws relating to pregnancy.




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