WASHINGTON – The Supreme Court confronts a gay rights issue this week, in a case that asks whether law schools can bar military recruiters because of the Pentagon’s “don’t ask, don’t tell” policy.
Each fall recruiters of all types jam law schools seeking top students during job fairs, receptions and interview sessions.
Justices will decide whether universities that accept government money must accommodate the military even if the schools forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.
| Colleges that accept federal money from these U.S. agencies are required to provide access to military recruiters: Defense Department, Labor Department, Health and Human Services Department, Education Department, Transportation Department, Homeland Security Department, National Nuclear Security Administration or Central Intelligence Agency. Source: Solicitor General’s Office |
The justices hear arguments on Tuesday.
The government contends if it provides financial support to a college – with grants for research, for example – then in exchange it should be able to recruit “the very students whose education it has supported.” In this case, that means having the ability to recruit students.
“In order to recruit the most talented men and women into the armed services, the military must be able to recruit students on college and university campuses, just as other employers do,” justices were told in a filing by Paul Clement, the Bush administration’s top Supreme Court lawyer.
Federal financial support of colleges tops $35 billion a year.
The outcome turns on the First Amendment and whether schools can be made to associate with military recruiters or promote their appearances on campus.
A federal law, known as the Solomon Amendment, mandates that universities, including their law and medical schools and other branches, give the military the same access as other recruiters or forfeit public money.
Congress passed the Solomon Amendment in 1994, the same year that lawmakers approved the “don’t ask, don’t tell” policy.
Law schools say they would welcome military recruiters if the Pentagon dropped its policy against openly gay personnel. Gay men and women may serve only if they don’t reveal their sexual orientation.
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