Supeme Court Backs Military Recruiters on Campus
In a unanimous opinion written by Chief Justice John Roberts, the Supreme Court today upheld the "Solomon Amendment" and ruled that military recruiters must be allowed on campus. Scotus Blog has more details.
Upholding the so-called "Solomon Amendment," the Court ruled that the military must be given access to those campuses even though it violates the law schools' policy against facilitating discrimination against homosexuals. The military's "don't ask, don't tell" policy bars homosexuals who are publicly identified from serving in any of the services.
In a part of the decision rejecting a non-constitutional argument for avoiding the "Solomon Amendment," the Court declared that law schools could not exclude the military even if they also excluded all other potential employers that similarly declined to hire gays and lesbians. "Applying the same policy to all recruiters is insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. Law schools must ensure that their recruiting policy operates in such a way that military recruiters are given access to students at least equal to that 'provided to any other employer.' "
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