WASHINGTON – The Supreme Court appeared ready Tuesday to uphold a law that says colleges cannot turn away military recruiters in protest of the Pentagon’s policy on gays if the universities also want to receive federal money.
New Chief Justice John Roberts said schools unhappy with the “don’t ask, don’t tell” policy have a simple solution: Turn down federal cash.
And Justice Sandra Day O’Connor, who is retiring, said colleges can post disclaimers on campus noting their objections to military policy.
Solicitor General Paul Clement said that when the government picks up the tab for things such as research and education grants, the military also is entitled to demand “a fair shot” in terms of equal access for its recruiters to a university’s “best and brightest.”
Many law schools forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.
Law schools have “a Hobson’s choice: Either the university must forsake millions of dollars of federal funds largely unrelated to the law school, or the law school must abandon its commitment to fight discrimination,” justices were told in a filing by the Association of American Law Schools.
The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities, including their law and medical schools and other branches, give the military the same access as other recruiters or forfeit money from federal agencies like the Education, Labor and Transportation departments.
A few justices, including David Souter, worried that the free speech rights of law schools could be hindered by Congress’ action of tying funding to military recruiters’ access.
“The law schools are taking a position on First Amendment grounds, and that position is in interference with military recruiting, no question about it,” Souter said.
More court members seemed concerned about military recruitment in the post-Sept. 11, 2001, world.
Federal financial support of colleges tops $35 billion a year, and many college leaders say they could not forgo that money.
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