Publicly-funded universities must allow military recruiters on campus, the Supreme Court said Wednesday in a unanimous ruling penned by Chief Justice John Roberts.
In upholding the Solomon Amendment, the court struck a blow to law schools and professors who wished to ban the military recruiters based on their exclusion of acknowledged gays. The Solomon Amendment requires schools that accept federal funding to allow military recruiters the same access to students as any other type of recruiters.
A coalition of law schools and professors represented by the Forum for Academic and Institutional Rights (FAIR) had claimed that the Solomon Amendment forced them to endorse the Pentagon’s current policy that does not allow gays in the military. But the Supreme Court sided with the military recruiters, saying they have a right to recruit on all campuses that accept federal funding.
The court reemphasized its belief that the solution to such problems is to generate more speech, not enforce silence. Roberts’ opinion points out that universities still may allow individuals to protest against the military recruiters.
Washington and Lee School of Law has always allowed military recruiters the same access as other on-campus recruiters, said Sidney Evans, the law school’s Associate Dean for Student Services. “[But] we do note that their policies are considered by the American Association of Law Schools to be discriminatory.” Evans added that “the AALS has granted [us] an exemption, recognizing that we would face loss of funding if we barred military recruiters.”
The issue remains a hot topic mostly among graduate and law schools. “It has not really been an issue put before the undergraduate campus,” said Beverly Lorig, Director of Career Services. “The undergraduate [side] has consistently allowed military recruiters on campus.”
Local U.S. army recruiter Sergeant Christopher Smoak agrees. “[The colleges] are all very receptive and allow us to come on campus,” he said.
Beverly Lorig, W&L's Director of Career Services, explains why military recruitment is difficult
Produced by Washington and Lee journalism students.
Lead supervisor: Prof. Claudette Artwick
Reporting supervisor: Prof. Doug Cumming
Editing supervisor: Prof. Pamela Luecke
Technical supervisor: Michael Todd