A Statement from Dean Onwuachi-Willig
Dear members of the BU Law community:
On Thursday, January 31, as part of our Critical Conversations series, members of the BU Law community engaged in dialogue about transgender rights, including the US Supreme Court’s recent decision to allow the Trump administration’s policy prohibiting transgender military service to stand while cases challenging the policy move through the courts. Although I was unable to participate, I understand from those in attendance that the conversation exemplified some of the best qualities of our community—mutual respect, critical inquiry, and an openness to different perspectives. This community and its openness are two of the primary reasons I feel so fortunate to be a part of BU Law.
As you know, our law school has a proud history of diversity and inclusion, which remain core components of our shared values to this day. In support of this commitment, we require all employers who participate in our recruitment programs to comply with our non-discrimination policy, helping to ensure a safe and supportive environment for all of our students, including those who identify as transgender.
On Monday, February 11, we are hosting a networking event for students interested in public service, at which JAG attorneys representing branches of the US military are scheduled to participate. Let me be clear: The new federal ban on transgender military service is in direct conflict with our values, and the presence of JAG attorneys at this event is indeed inconsistent with our non-discrimination policy.
Since the Supreme Court granted the administration’s request last month, I have been engaged in conversations with members of my senior leadership team in order to give the matter the thorough consideration it deserves. With this in mind, I write you today to explain my decision to suspend the application of this policy to military recruiters and allow them to participate in events of this kind.
The Solomon Amendment, a federal law first passed in 1996, prohibits a university from receiving federal funding if it prevents members of the military from recruiting on its campus. This means barring JAG attorneys from such activities may jeopardize all federal funds that Boston University receives, including those which support student financial aid and various forms of research. Loss of this funding could potentially have a direct impact on many BU Law students, the majority of whom receive some form of federal financial aid, not to mention other students at the University. Despite our unwavering commitment to diversity and inclusion, it would be irresponsible of us to put the entire University at risk of losing federal funding. For this reason alone, I have made the difficult decision to issue this exception to our policy.
As a part of our ongoing dialogue about diversity and inclusion, I look forward to further conversation with students, faculty, and staff about protecting the rights of all individuals—at BU Law and beyond—as well as living our values as a community. I recognize that the policy prohibiting transgender military service is deeply painful and may cause affected students to feel unsupported, alienated, and alone. I want trans individuals at BU Law to know that they have my support and respect. Furthermore, I encourage all of us to remember that the policies of the US military do not reflect the diversity of backgrounds and perspectives among those who serve.
It is my sincere hope that the ban on transgender military service ultimately will be overturned, and that it will be catalogued alongside other ill-conceived policies of discrimination evident throughout our nation’s history. With our students leading by example, I have every reason to be optimistic about the future.
Sincerely,
Angela Onwuachi-Willig
Dean and Professor of Law