Law schools challenge U.S. military

If the U.S. Supreme Court rules against the Department of Defense, law schools like IU's could say "no" to military recruiters. \nThe Rumsfeld v. Forum for Academic and Institutional Rights case, in which oral arguments were presented Tuesday, seeks to allow universities that receive government funding the ability to turn away military recruiters if they disagree with the military's stance regarding homosexuals. Under the Solomon Amendment, Congress can deny funding to an institution that prohibits military recruiting for any reason. \nBefore the Solomon Amendment, which was passed in 1996, the IU School of Law enforced a policy that did not allow employers who discriminate for any reason, including sexual orientation, to visit the law school. IU School of Law Dean Lauren Robel said the faculty agreed upon the policy.\nThe U.S. military enforces a "Don't Ask, Don't Tell" policy for gays, which many believe is discriminatory.\nThe FAIR case began when 36 law schools challenged U.S. Secretary of \nDefense Donald Rumsfeld, seeking to overturn the Solomon Amendment. The amendment forced the IU School of Law to exempt the military in its nondiscrimination policy.\nThe IU law school was contacted about joining the FAIR case, but Robel declined to join the suit.\n"It's very difficult for me to think of law schools as having a right of affiliation," she said.\nRobel said she didn't agree with FAIR's case, but that she does agree with the "underlying principles" -- that Congress can't use "its spending power to try to force academic institutions to accept positions to which they don't agree."\nLaw schools could deny the military access to their campuses if they do not accept government funding. \n"As a practical matter, a big research university like IU needs government money to survive, which strengthens (FAIR's) case to a certain extent," IU law professor Craig Bradley said.\nAn Army spokeswoman said the U.S. military deserves "no less" than the ability to talk to college students.\n"The military is simply saying, 'Treat us like anyone else and put us on a level playing field. Provide us access to campuses and students in a manner equal in quality and scope with that provided other employers,'" Army spokeswoman Cynthia O. Smith said in an e-mail.\nBoth Robel and Bradley said they believe the military is likely to win the case.\n"This really is a spending power case and I don't see a very powerful First Amendment case with the law school here," Bradley said.\nA law school still retains its First Amendment rights by telling students it does not support the military's "Don't Ask, Don't Tell" policy, Bradley said. \nAt the IU law school, students are sent a message at the beginning of the year that states the school does not condone discrimination from employers on any basis.\n"Most law students don't believe that every employer that walks through the door shares the same beliefs as the law school," Robel said.