Shannon Richey FAULKNER; United States of America, Plaintiffs-Appellees,
v.
James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, the Military College of South Carolina; Carrol A. Campbell, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; T. Easton Marchant, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Barbara S. Nielsen, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William F. Prioleau, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William E. Jenkinson, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Leonard C. Fulghum, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; James M. Leland, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; John A. McAllister, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; David S. Boyd, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Julian G. Frasier, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; James W. Bradin, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Larry J. Ferguson, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Steve D. Peper, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Wallace I. West, Jr., Director of Admissions and Recruiting at The Citadel, the Military College of South Carolina; Claudius E. Watts, III, President of The Citadel, the Military College of South Carolina, in their official capacities; State of South Carolina; the Citadel, the Military College of South Carolina; the Board of Visitors of the Citadel, the Military College of South Carolina, Defendants-Appellants.
National Women's Law Center; American Association of University Women; California Women's Law Center; Center for Advancement of Public Policy; Center for Women Policy Studies; Clearinghouse on Women's Issues; Coalition of Labor Union Women; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Incorporated; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association of Girls & Women in Sports; National Association of Commissions for Women; National Council of Jewish Women; National Council of Negro Women, Incorporated; National Education Association; National Hook-up of Black Women, Incorporated; National Organization for Women; NOW Legal Defense and Education Fund; National Women's Party; National Women's Conference Committee; National Women's Political Caucus; Northwest Women's Law Center; Trial Lawyers for Public Justice; Wider Opportunities for Women; Women Employed; Women's Law Project; Women's Legal Defense Fund; Carol Gilligan, Ph.D.; Valerie E. Lee, Ed.D.; Diane S. Pollard, Ph.D.; Bernice Sandler, Ed.D.; Program on Gender, Science and Law at Columbia University School of Public Health, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 30, 1995.
Decided April 13, 1995.
Attorney(s) appearing for the Case
ARGUED: Morris Dawes Cooke, Jr., Barnwell, Whaley, Patterson & Helms, Charleston, Robert Holmes Hood, Hood Law Firm, Charleston, SC, for appellants. Valorie Kay Vojdik, New York University School of Law, New York City, for appellee Faulkner; Thomas Evans Chandler, U.S. Dept. of Justice, Washington, DC, for appellee U.S. ON BRIEF: William R. Hearn, Jr., Joseph C. Wilson, IV, Hood Law Firm, Charleston, SC, Griffin B. Bell, William A. Clineburg, Jr., Dwight J. Davis, King & Spalding, Atlanta, GA, Robert H. Patterson, Jr., Anne Marie Whittemore, William G. Broaddus, J. William Boland, McGuire, Woods, Battle & Boothe, Richmond, VA, for appellants. Sara L. Mandelbaum, American Civil Liberties Union Foundation Women's Rights Project, Henry Weisburg, Thomas F. Swift, Mary K. Warren, Vanessa Beever, Shearman & Sterling, New York City, Robert R. Black, Charleston, SC, Suzanne E. Coe, Silver & Coe, Greenville, SC, for appellee Faulkner; Deval L. Patrick, Asst. Atty. Gen., David K. Flynn, U.S. Dept. of Justice, Washington, DC, for appellee U.S. Marcia Greenberger, Deborah L. Brake, National Women's Law Center, Walter J. Rockler, Peter G. Neiman, Arnold & Porter, Washington, DC, for amici curiae Nat. Women's Law Center, et al. Joan E. Bertin, Program on Gender, Science and Law, Columbia University School of Public Health, New York City, for amici curiae Gilligan, et al.
Affirmed as modified and remanded by published opinion. Judge NIEMEYER wrote the opinion in which Judge HALL concurred. Judge HALL wrote a separate concurring opinion; Judge HAMILTON wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
NIEMEYER, Circuit Judge:
We are presented with the questions of (1) whether South Carolina and The Citadel, in refusing Shannon R. Faulkner admission to The Citadel, denied her equal protection of the laws in violation of the Fourteenth Amendment and (2) whether the remedy ordered by the district court is an appropriate one. In a bifurcated remedial order, the district court directed first that Faulkner be admitted to The Citadel's Corps of Cadets "forthwith" and...
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