# Faulkner v. Jones

> Court of Appeals for the Fourth Circuit · August 9, 1995 · 66 F.3d 661

URL: https://www.frixlaw.com/law-library/cases/6936313

## Case

- **Full name:** Shannon Richey FAULKNER United States of America v. James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, the Military College of South Carolina Carroll 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. Bra-din, 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, 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 Lavor 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 Sport 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 Woman'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, Am-ici Curiae
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 9, 1995
- **Citations:** 66 F.3d 661; 1995 WL 468727
- **Precedential status:** Published
- **Opinion:** Dissent by Hamilton
- **Judges:** Hamilton
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6936313

## Opinion text

HAMILTON, Circuit Judge,
dissenting:
For well over a century, our nation’s sons and daughters have enjoyed the unique benefits of publicly-funded single-gender education. Before this court should allow Shannon Faulkner to enter the Corps of Cadets at The Citadel, thereby trashing a venerable 152-year history of holistic education for young men at that institution, the Supreme Court of the United States should pass on this question. As Justice Scalia so cogently explained:
Whether it is constitutional for a State to have a men-only military school is an issue that should receive the attention of this Court before, rather than after, a national institution as venerable as the Virginia Military Institute is compelled to transform itself.
Virginia Military Institute v. United States, — U.S. -, 113 S.Ct. 2431 , 124 L.Ed.2d 651 (1993) (Scalia, J., respecting denial of certiorari in United States v. Virginia, 976 F.2d 890 (4th Cir.1992)). Because the issues raised in this case are of such profound importance, I would stay our mandate pending The Citadel’s petition for writ of certiorari to the Supreme Court of the United States.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6936313. Public record. Not legal advice.