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" Our Nation has had a long and unfortunate history of sex discrimination."1 Twenty-five years ago, a plurality of the Supreme Court admitted a truth long known to many. Modem Americans must still struggle with this history of discrimination. Its effects continue to be felt, less obvious but ongoing. What role, then, does history play for the modem world? What role can it play in the ongoing effort to move towards a deeper realization of equality? There is, of course, no single answer.2 One way to approach these questions is to recognize that many of the standards used in equal protection jurisprudence-in race as well as sex discrimination cases-are designed in reference to a past that is now almost universally recognized to be "wrong." State actors may not depend on "overbroad" generalizations to make "judgments about people that are likely to... perpetuate historical patterns of discrimination."3 Qualified individuals may not be excluded from activities based on "fixed notions

Re-Viewing History: The Use of the Past as Negative Precedent in United States v. Virginia