By: Ashlea Surles
Published March 7th, 2006
The Supreme Court voted unanimously yesterday that it is legal for the government to cut funding from universities that do not allow the military to recruit on campus.
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The Court's decision came in the face of an effort of a coalition of law schools and professors to repeal the Solomon Amendment, which allowed the government to withhold funds.
The group said colleges should not have to promote the military because of its "don't ask, don't tell" policy regarding gays in its ranks.
The Pentagon's policy against openly gay soldiers conflicts with intentionality clauses stipulated in the bylaws of many universities, including the University of Michigan.
This contradiction has made the Solomon Amendment a hotly debated issue for a decade as universities have sought to bar military recruiters from fairs and other opportunities to seek employees.
"It's disappointing . we didn't expect the court would rule in favor of it, but we didn't expect such a resounding defeat," said Law student Nadine Gartner, a board member of the National Lesbian and Gay Law Association.
Chief Justice John Roberts said especially in a time of war, campus visits are crucial to recruiting.
"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," Jon Davidson, legal director of the gay rights group Lambda Legal.
The decision is a setback for universities that have become a prime battleground for the military's discriminatory policies.
"Law schools are places where we train the harbingers of social change but the Solomon Amendment forces law schools to violate their own nondiscrimination policies," Gartner said.
The University requires potential recruiters to sign an agreement that they will not discriminate. However, the University makes an exception for military recruiters because of the Solomon amendment.
"A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message," Roberts said.
LSA junior Jaya Kalra, co-chair of the Stonewall Democrats, an arm of the College Democrats that protects the rights of the LGBT community, said she does not support the amendment's financial threats as a tool to force universities to discriminate.
Most college administrators say they could not afford the drop in funding, which is estimated at $35 billion a year.
The Association of American Law Schools, which represents all accredited law schools in the nation, implemented a non-discrimination policy in 1991 and made adherence to the policy a membership requirement.
Students at law schools including the University of California at Berkeley, the University of Wisconsin at Madison, Harvard University and Yale University complied by voicing concerns to their administrations or holding protests against military recruitment on campus.
Other universities complied by barring military recruiters from employment fairs or intentionally granting them less desirable locations.
The University's law school has never barred or protested the presence of military recruiters.
"It's clear at this point that the Solomon Amendment is binding law, and until something changes, there isn't any room for conversation," Law School Dean Evan Caminker told The Michigan Daily in December 2004.
Gabe Javier, assistant director of the Office of Lesbian, Gay, Bisexual and Transgender Affairs, said he was disappointed by the ruling but that the public nature of the trial as well as the dialogue it will provoke will be instrumental in raising awareness against the military's biased policy.
"I think this will strengthen our resolve to work harder as law students and people who care about equal rights in this country," Gartner said.
The Associated Press contributed to this report.









