Frank Proposes Bill to Preserve Law School Aid

Two Capitol Hill lawmakers are stepping in to resolve a clash between military recruiters and the nation's law schools. They propose to repeal a law that cut federal financial aid to schools that banned military recruiters from their campuses.

Representatives Barney Frank '61-'62 (D-Newton) and Thomas J. Campbell (R-Calif.) are preparing to introduce legislation that would repeal part of the "Solomon Amendment," which was passed last year and withholds federal funding from colleges and universities that bar military recruiters due to the military's discrimination against gays.

Currently, Harvard Law School (HLS) does not allow military recruiters to use its career services center, but they are not barred from campus completely, according to Sally Donahue, director of the HLS career services office.

The Pentagon sent a letter to HLS last fall claiming HLS policies should trigger a funding loss under the Solomon amendment, but after explaining its policy to the Defense Department, HLS was let off the hook, Donahue said.

But the amendment did force the "great majority" of Association of American Law Schools (AALS) members, which include HLS, to change their policies, according Carl C. Monk, executive director of AALS.

The AALS requires its members to adopt non-discrimination policies, but the military forbids homosexuals from serving. To avoid violating the non-discrimination clause, many schools limited the presence of military recruiters on their campuses.

The Solomon Amendment forced many schools to bend their rules with the threat of losing federal funds, including Pell Grants and Stafford Loans, according to Campbell's office.

"It's a terrible choice to make the law schools make," Frank said. "They have to choose between their principles and aid for their students."

The Campbell-Frank amendment, which will be introduced in the coming weeks, is designed to preserve federal financial aid for students at schools that ban military recruiters.

Even though HLS has not had to alter its policies, Donahue said she is "hopeful that the Solomon Amendment will be altered," a sentiment echoed by Monk, who said the Solomon Amendment "serves no legitimate purpose at all."

Gerald B.H. Solomon, the now-retired New York Republican representative who authored the amendment that now bears his name, disagrees.

"If there are institutions willing to accept the dollars of the federal government, it seems hypocritical to stiff-arm that branch of the government that protects society," said William R. Teator, a spokesperson for Solomon.

Teator added that Solomon did not intend his legislation to limit financial aid to students.

He cautioned, however, that universities might be looking for a "loophole" to exploit in an attempt to repeal the entire amendment, which also withholds defense department grants from offending universities.

Frank was unwilling to predict the bill's ultimate success, which will depend, he said, on the law schools' lobbying efforts.

"It's not going to pass unless there is pressure," Frank said, and added that Harvard has done "no more or less" than other law schools.