Wednesday, August 29, 2012

West Virginia Federal Judge Issues Preliminary Injunction Against Sex-Segregated Middle School

478px-Pierre-Auguste_Renoir_-_Jeunes_Filles_regardant_un_albumIn a relatively brief opinion today, Judge Joseph Goodwin issued a preliminary injunction in the controversial sex-segregated Middle School program in West Virginia.  Recall that the school mandated a practice of sex-segregated classrooms based on teacher-training that posits the differences between children based upon sex.  Girls do not like stress; boys do.  Girls like warmer rooms; boys cooler.  Girls like to be face-to-face; boys learn better in rows.  Girls learn better when their movement is minimized and their rooms are darker; boys "need" to move and have light.

The judge's opinion rests on the Title IX claim: "The court again emphasizes that its decision today rests on the requirement of the Department of Education regulations that single-sex programs be “completely voluntary.” 34 C.F.R. § 106.34(b)(1)(iii)."

Indeed, the judge held that sex-segregated education could be constitutional, citing United States v. Virginia (VMI) if the "school meets the heightened scrutiny standard."  Thus, the judge was not willing to "go so far" as to enjoin any sex-segregated education. 

Nevertheless, the judge did explicitly note 

that the science behind single-sex education appears to be, at best, inconclusive, and certain gender-based teaching techniques based on stereotypes and lacking any scientific basis may very well be harmful to students. Even Professor Salomone, the expert witness called by the defense, agreed with the ACLU on the issue of brain research—that it’s based on the rationale of pseudoscience—and suggested that many schools were “led astray” by the teachings of Dr. Leonard Sax. Professor Salomone served as an expert witness for the defense not because she agreed with the gender-based teaching techniques, but because she felt that the individual teachers at VDMS were, in fact, not teaching students based on gender stereotype, despite the training given by Dr. Sax and David Chadwell.

Given the testimony of the school's own expert, it seems this constitutional controversy will be best resolved by settlement.

RR
[image: Jeunes Filles regardant un album by Pierre August Renoir via]

http://lawprofessors.typepad.com/conlaw/2012/08/west-virginia-federal-judge-issues-preliminary-injunction-against-sex-segregated-middle-school.html

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