A conference to hire just women?! Okay, fair is fair, let's have a conference to hire just men.
And one for African-Americans? Sure, let's have one for White Americans as well.
Too me, that is always the litmus test, swap out another group and if it is wrong, then it is always wrong.
I think that's one of the ways the court system works.
They wait on issues that aren't clear until the forces of society play out, the overall consequences of a new technology or a new policy or a new societal trend distill and clarify.
There's a New Yorker cartoon I've always loved. It shows an older couple sitting in their living room. The husband looks concerned and a little depressed. The wife is cheerfully saying, "Don't worry Howard, the big questions are multiple choice."
That line struck me as true, and interesting. Society seems to operate in such a way as to clarify ambiguities and reduce them to choices, and then to reduce the number of choices by grouping them into categories.
The judicial system moves slowly, waiting for those categories to become well defined, and the consequences of the different choices to become clear.