Court: Colleges can bar military recruiters from campuses

Colleges should not be penalized for barring military recruiters from their campuses because of the military's discrimination policy against gay men and lesbians, according to the U.S. Court of Appeals Third Circuit.\nFor IU, the 2-1 decision on Nov. 29 does not change the campus' policies regarding military recruiting.\nThe penalty falls under the Solomon Amendment. According to the Service Members Legal Defense Network Web site, www.sldn.org, the second part of the Solomon Amendment states that "law schools are obliged either to accommodate the military and its discriminatory practices, or lose Department of Education funds that provide financial aid to needy and deserving students."\nThe third circuit court in Philadelphia said the first amendment of the Constitution guarantees the campus freedom of speech and prohibits the government from forcing colleges to support a message they do not agree with.\nSome law schools have restricted military recruiters' access to their campuses because the Defense Department's policy of excluding openly gay men and women from the military services. This conduct goes against many law schools' nondiscriminatory policies.\nThe Forum for Academic and Institutional Rights, an association of 25 law schools, brought the case on behalf of the Society of American Law Teachers, Coalition for Equality, Rutgers Gay and Black Caucus and individual students and professors. Secretary of Defense Donald Rumsfeld and former Secretary of Education Rod Paige are some of the famous names among the defense.\nLauren Robel, dean of the IU School of Law, said the Solomon Amendment has a long history, and the Association of American Law Schools is the main body that has taken the position against the military's discrimination policies.\n"The Association of American Law Schools took the position that the military's policy of refusing employment to gays is a violation of the antidiscrimination principles that law schools are required to follow in the career services offices," Robel said.\nAt one time, the IU School of Law "used to bar military recruiters from use of the career services office," although it did not "keep information about recruiters from students," Robel said.\nBut once the Solomon Amendment was expanded, putting tighter regulations on universities, the AALS changed its position.\n"The AALS took the position that law schools could admit recruiters if they took measures to ameliorate the discriminatory effects of the military's policy," Robel said. \nHelen Harrell, co-host of the bloomingOUT radio program, said campuses that take a position against discrimination, like the one AALS takes, are beneficial.\n"It's a good standard for schools to take," Harrell said.\nAs of yet, there has been no action for appeal, and Robel said, nothing is changing at the School of Law.\n"The Court has not yet ordered a remedy, so we do not know whether the government will be enjoined from enforcing the amendment," Robel said. \n-- Contact staff writer Ashley Lough at amlough@indiana.edu.