Solomon Amendment -- Religious Discrimination

[daviwag at regent.edu]

> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu 
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of 
> Jonathan Miller
> Sent: Friday, March 10, 2006 3:49 PM
> To: CONLAWPROF at lists.ucla.edu
> Subject: Solomon Amendment -- Religious Discrimination
> 
> I just finished reading Rumsfeld v. FAIR and am puzzled by 
> Chief Justice Roberts' passing reference to the statutory 
> exception  for institutions with "a longstanding policy of 
> pacifism based on historical religious affiliation."  10 USC 
> 983(c)(2).  Isn't this clearly discrimination among 
> religions?  


Didn't Corporation of the Presiding Bishop v. Amos settle this?


David M. Wagner
Regent University School of Law