United States v. Virginia: A Rhetorical Battle between Progress and Preservation

Abstract

This paper examines the rhetoric of the Court's opinions in United States v. Virginia. The majority opinion is shaped by a framework of progress that acts as a conservative warrant for a politically liberal conceptualization of women. A competing framework of preservation shapes the dissent and reasserts the legitimacy of the traditional sameness/difference approach to gender equality. This analysis demonstrates that different methods of Constitutional interpretation allow for different stories of women to be told.