Solomon Amendment
Encyclopedia
The 1996 Solomon Amendment is the popular name of 10 U.S.C.
§ 983, a United States
federal law that allows the Secretary of Defense
to deny federal grant
s (including research grants) to institutions of higher education
if they prohibit or prevent ROTC or military recruitment
on campus.
" as applied to men denied Federal government employment and too old to be allowed to cure their ineligibility by registering.) It was revised in later years, most importantly in 1999, when Rep. Barney Frank
(D-MA) pushed through an exemption for federal money used for financial aid, and in 2001, when alterations pushed by the Republican leadership on the House Armed Services Committee made it so that an entire university would lose its federal funding if any of its schools blocked access to recruiters. This alteration significantly strengthened the act, as the military had sought access mostly to law schools, which receive little in federal money, unlike medical schools, which are not usually targeted by recruiters. The amendment does provide an exception for any institution with "a longstanding policy of pacifism based on historical religious affiliation."
exempts federal grants
solely for financial aid as well as for administrative costs for such financial aid from this law (Pub L. 106-79 Sec. 8120).
The Solomon Amendment includes recruiting by the Coast Guard
despite its being a part of the Department of Homeland Security
during peacetime (Pub. L. 107-296).
, the principal consortium of United States law schools, requires that all of its member institutions establish a policy prohibiting discrimination on the basis of sexual orientation, and additionally demands that member schools require the same policy of any employer to which it grants access for employment.
In 2004, the U.S. Third Circuit Court of Appeals
found for the Forum for Academic and Institutional Rights
, a group representing law schools, led by Professor Kent Greenfield (Professor) of Boston College Law School
, opposed to the presence of military recruiters on campus. Many law schools oppose military recruiters on campus because they view it as placing their imprimatur on the military's "don't ask, don't tell
" policy regarding openly gay enlistees, a policy that they believe conflicts with their non-discrimination policies.
The suit then proceeded to the Supreme Court. In Rumsfeld v. FAIR, the U.S. Supreme Court
upheld this law in a unanimous decision [] on March 6, 2006. Chief Justice
John Roberts, writing for the majority, wrote: "A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message".
At least two institutions (Vermont Law School
, and William Mitchell College of Law
) have declined to allow military recruiting on campus, and thus, federal funds as well. These schools receive little in way of federal funds compared to large research universities.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
§ 983, a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law that allows the Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
to deny federal grant
Federal grant
In the United States, federal grants are economic aid issued by the United States government out of the general federal revenue. A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of...
s (including research grants) to institutions of higher education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
if they prohibit or prevent ROTC or military recruitment
Military recruitment
Military recruitment is the act of requesting people, usually male adults, to join a military voluntarily. Involuntary military recruitment is known as conscription. Many countries that have abolished conscription use military recruiters to persuade people to join, often at an early age. To...
on campus.
History
Named for U.S. Representative Gerald B. H. Solomon (R-NY), this Solomon Amendment was passed in 1994. (In the 1980s, Rep. Solomon sponsored an earlier series of "Solomon Amendments" that condition eligibility for Federal financial aid for higher education and job training, Federal government employment, and other Federal benefits on certification by the individual that they either had registered with the Selective Service System or were not required to register. In 2009, one of these Solomon Amendments was held to constitute an unconstitutional "bill of attainderBill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
" as applied to men denied Federal government employment and too old to be allowed to cure their ineligibility by registering.) It was revised in later years, most importantly in 1999, when Rep. Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) pushed through an exemption for federal money used for financial aid, and in 2001, when alterations pushed by the Republican leadership on the House Armed Services Committee made it so that an entire university would lose its federal funding if any of its schools blocked access to recruiters. This alteration significantly strengthened the act, as the military had sought access mostly to law schools, which receive little in federal money, unlike medical schools, which are not usually targeted by recruiters. The amendment does provide an exception for any institution with "a longstanding policy of pacifism based on historical religious affiliation."
About the Law
Related public lawPublic law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
exempts federal grants
Federal grant
In the United States, federal grants are economic aid issued by the United States government out of the general federal revenue. A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of...
solely for financial aid as well as for administrative costs for such financial aid from this law (Pub L. 106-79 Sec. 8120).
The Solomon Amendment includes recruiting by the Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
despite its being a part of the Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
during peacetime (Pub. L. 107-296).
Constitutional challenge
The Association of American Law SchoolsAssociation of American Law Schools
The Association of American Law Schools is a non-profit organization of 170 law schools in the United States. Another 25 schools are "non-member fee paid" schools, which are not members but choose to pay AALS dues. Its purpose is to improve the legal profession through the improvement of legal...
, the principal consortium of United States law schools, requires that all of its member institutions establish a policy prohibiting discrimination on the basis of sexual orientation, and additionally demands that member schools require the same policy of any employer to which it grants access for employment.
In 2004, the U.S. Third Circuit Court of Appeals
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
found for the Forum for Academic and Institutional Rights
Forum for Academic and Institutional Rights
The Forum for Academic and Institutional Rights was an association of American law schools seeking to overturn the Solomon Amendment. It has filed suit in a case, Rumsfeld v. FAIR, heard by the Supreme Court on December 6, 2005. On March 6, 2006, FAIR lost the case....
, a group representing law schools, led by Professor Kent Greenfield (Professor) of Boston College Law School
Boston College Law School
Boston College Law School is one of the six professional graduate schools at Boston College. Located approximately 1.5 miles from the main Boston College campus in Chestnut Hill, Boston College Law School is situated on a wooded campus in Newton, Massachusetts.With approximately 800 students and...
, opposed to the presence of military recruiters on campus. Many law schools oppose military recruiters on campus because they view it as placing their imprimatur on the military's "don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
" policy regarding openly gay enlistees, a policy that they believe conflicts with their non-discrimination policies.
The suit then proceeded to the Supreme Court. In Rumsfeld v. FAIR, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
upheld this law in a unanimous decision [] on March 6, 2006. Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
John Roberts, writing for the majority, wrote: "A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message".
At least two institutions (Vermont Law School
Vermont Law School
Vermont Law School is a private, American Bar Association accredited law school located in South Royalton, Vermont . The Law School has one of the United States' leading programs in environmental law, and the Law School is currently ranked #1 in Environmental Law by U.S...
, and William Mitchell College of Law
William Mitchell College of Law
William Mitchell College of Law, or WMCL, is a private, independent law school located in St. Paul, Minnesota. Accredited by the American Bar Association , it offers full and part-time legal education in pursuit of the Juris Doctor degree....
) have declined to allow military recruiting on campus, and thus, federal funds as well. These schools receive little in way of federal funds compared to large research universities.