Posted on 03/06/2006 9:36:44 AM PST by crushelits
The Supreme Court ruled unanimously Monday that colleges that accept federal money must allow military recruiters on campus, despite university objections to the Pentagon's "don't ask, don't tell" policy on gays.
Justices rejected a free-speech challenge from law schools and their professors who claimed they should not be forced to associate with military recruiters or promote their campus appearances.
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.
Law schools had become the latest battleground over the "don't ask, don't tell" policy allowing gay men and women to serve in the military only if they keep their sexual orientation to themselves.
Many universities forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.
The ruling was announced on a day that the court was jammed with visitors from the military, all dressed in uniform. Justices heard arguments in the case in December, and signaled then that they were concerned about hindering a Defense Department need to fill its ranks when the nation is at war.
"This is an important victory for the military and ultimately for our national security," said Jay Sekulow, chief counsel for the American Center for Law and Justice.
The court's decision upholds a law that requires colleges that take federal money to accommodate recruiters.
College leaders have said they could not afford to lose federal help, some $35 billion a year.
Roberts, writing his third decision since joining the court last fall, said there are other less drastic options for protesting the policy. "Students and faculty are free to associate to voice their disapproval of the military's message," he wrote.
"Recruiters are, by definition, outsiders who come onto campus for the limited purpose of trying to hire students — not to become members of the school's expressive association," he wrote.
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 did not participate because he was not on the bench when the case was argued.
"The Solomon Amendment neither limits what law schools may say nor requires them to say anything," Roberts wrote.
The case is Rumsfeld v. Forum for Academic and Institutional Rights, 04-1152.
Already in breaking news.
Let the libs now fish or cut bait. How much are their principles worth? My bet is they go for the money, 100%.
Even if the 'academia nuts' had to be dragged kicking and screaming to do the right thing by those are forced to foot their bills.....
So9
"College leaders have said they could not afford to lose federal help, some $35 billion a year."
Sure they could. We could use it to pay down the national debt! Or start a new university: Patriot U! The mascot is a minuteman, colors are red white and blue, Judaeo-Christianity is a required class, and all recruiters are not only welcome, but have their own office.
Faculty members of Harvard Law School will be swinging from the end of ropes due to this decision.....imagine how depressing it must be to be a liberal academic right now.....
Meltdown over at DU central, that high pitch whining sound is their site you hear...
Carolyn
"This case does not require us to determine when a condition placed on university funding... becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly... the First Amendment would not prevent Congress from directly imposing the Solomon Amendment's access requirement, "
Good. I think any public institution should be forced to accept military recruiters. I think any private school should have the option to accept or reject them but that if they reject them they shouldn't get a cent in government grants or financial aid.
Congress passed a law, and the Supreme Court found that law constitutional.
8-0, just as good. Alito didn't participate in the opinion because he was not on the bench at argument.
How about adding to that a requirement that graduates with a degree from a university allowing miltary access be given hiring preference over those graduating from universities not allowing military recruiting, on any federal job or for any contractor performing work on government projects?
YALE: Taliban welcome, our military recruiters not...
ha,ha,ha...
When the case was argued before the Supreme Court on Dec. 6, Chief Justice Roberts zeroed in on the universities' apparent desire to have it both ways — to show disapproval of the military's treatment of gay people but still leave the federal money spigots open. "What you're saying is, this is a message we believe in strongly, but we don't believe in it to the detriment of $100 million," the chief justice told a university lawyer.
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