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High Court Upholds Military Recruiting Law

Posted on: Tuesday, 7 March 2006, 15:01 CST

By Gary Gray, The Dominion Post, Morgantown, W.Va.

Mar. 7--The Supreme Court ruled unanimously Monday that colleges that accept federal dollars must let military recruiters on campus despite objections from law schools and professors to the Pentagon's "don't ask, don't tell" policy.

Law schools across the country have been challenging the policy saying it violates free speech. The policy allows gay men and women to serve in the military only if they keep their sexual orientation to themselves.

Justices rejected that challenge.

"At most colleges and universities, you basically cannot discriminate, but all the law schools were watching closely to see what this decision would be," said John Fisher, WVU College of Law dean. "I don't think the decision will change things here. We've had the recruiters on campus for some time."

Many universities forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.

"When the case was argued, most news stories suggested that these objections were not going far," Fisher said. "It would be my guess that things will remain pretty much status quo."

Chief Justice John Roberts, writing for the court, said that the campus visits are an effective military recruiting tool.

"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," he wrote.

Justices also said that Congress can demand military access on campus, even without the threat of losing federal money.

College leaders have said they could not afford to lose federal help, some $35 billion a year.

"That's putting a lot of federal dollars at risk," said Robert Kent, WVU Career Services director.

All military recruiting for undergraduate students at WVU is scheduled through Kent's office. He has followed this issue for years, though recruiting has never been an issue on campus, he said.

"The Army was here today (Monday), and the Marines have been here twice in the last few weeks," he said. "We also schedule the Navy, Air Force and National Guard. They are usually right out in the middle of the Mountainlair where they are visible. Again, it may be an issue for the courts and the media, but not on our campus."

Jay Sekulow, American Center for Law and Justice chief counsel, declared the ruling an "important victory for the military and ultimately for our national security."

Joshua Rosenkranz, the attorney for the challengers of the law, said that the case 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.

The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities give the military the same access as other recruiters or forfeit federal money.

Roberts filed the only opinion, which was joined by every justice but Samuel Alito. Alito was not on the bench when the case was argued.

The Associated Press contributed to this story.

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Copyright (c) 2006, The Dominion Post, Morgantown, W.Va.

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Source: The Dominion Post (Morgantown, W.Va.)

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