Supreme Court: Can Feds Withhold Funds From Law Schools That Ban Military Recruiters?
by TChris
An ugly death in Iraq isn't the kind of future that induces young men and women to enlist in the military. The Army missed its recuiting goals for the third consecutive month in April. Perhaps hoping to bolster the Army's recruiting efforts, the administration persuaded the Supreme Court to decide whether it is entitled to withhold federal funds from schools that ban military recruiters.
A coalition of 31 law schools says forcing them to accommodate military recruiters also forces them to endorse the Pentagon's discrimination against gays and lesbians, which is at odds with the colleges' anti-discrimination policies. They say a 1994 law that threatens federal funding for colleges that ban military recruiters ["the Solomon Amendment"] violates their rights to choose what ideas they embrace or support.
The Third Circuit Court of Appeals in Philadelphia agreed with the colleges and declared the law unconstitutional.
The Bush administration argues that the schools surrender their free speech rights by accepting federal money. The law schools contend that they cannot be forced to endorse employers who discriminate on the basis of sexual orientation by providing them with career placement services.
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