In a unanimous decision Monday, the Supreme Court ruled that
universities must allow military recruiters on campus even if
schools oppose the military’s “don’t ask,
don’t tell” policy, which prohibits openly gay people
from serving.
A coalition of law schools from across the country filed a suit
against the military because they believed military recruitment and
promotion on campus violated the First Amendment rights of the
schools. The suit argued that schools must choose between receiving
federal funding and being unfairly associated with a program that
discriminates based on sexual orientation.
The decision upheld the Solomon Amendment, passed by Congress in
1996, which said institutions that do not allow military recruiters
on campus cannot receive federal funding. The amendment has been a
source of contention between the Department of Defense and law
school faculty for the past 10 years.
But Chief Justice John Roberts, who wrote the decision, ruled
that it does not violate the First Amendment.
“The Solomon Amendment neither limits what law schools may
say nor requires them to say anything,” Roberts wrote in his
ruling. “Students and faculty are free to associate to voice
their disapproval of the military message.”
The decision was 8-0, with Justice Samuel Alito not
participating because he was not on the bench when the case was
heard.
The UCLA School of Law was not one of the schools involved in
the suit. A University of California policy states that the UC can
only exclude groups who are performing illegal actions.
Members of the Association of American Law Schools said
prospective employers who recruit on campus follow a policy of
nondiscrimination. The group said this set them at odds with the
military’s “don’t ask, don’t tell”
policy, which allows gay men and women to serve in the military as
long as they don’t disclose their sexual orientation.
Lt. Col. Shawn Buck, a professor of military science and a
campus recruiter at UCLA, said banning military recruiting from
campus would limit the student body’s access to career
choices.
“College is about opportunity, and the army is one of
those opportunities,” Buck said.
Buck said on-campus U.S. Army recruitment is steadily increasing
and that military recruitment increases opportunities for free
speech rather than violating anyone’s right to it.
“College is also about debating and looking at other
points of view,” he said.
The Supreme Court included in its ruling that Congress could
demand military access on campus whether or not the school accepted
federal funds.
Jon Davidson, legal director of Lambda Legal, a gay rights
group, attributed the broad decision in part to the U.S. currently
being at war.
“When you’re in the middle of war, even if
it’s not a terribly popular one, courts are hesitant to tie
the hands of the military,” he said.
UCLA law Professor Jonathan Varat said the constitutionality of
military recruitment on campus does not necessarily mean the
“don’t ask, don’t tell” policy is
constitutional.
“They’re two completely different issues,” he
said.
Joshua Rosenkranz, attorney for the challengers of the law, said
that although the case was defeated it successfully called
attention to the military policy.
“We lost a skirmish in a much larger civil rights battle
for the rights of gays and lesbians, which is a movement we are
winning,” he said.
With reports from Bruin wire services.