Wednesday, February 16, 2005

Solomon Amendment

Had a meeting over lunch regarding educating the student body about the Solomon Amendment, which is the law/reg requiring universities to permit military recruiters on campus and backed by the threat of loss of all federal funding for the whole University (across departments). To be accredited by the ABA, law schools must have an anti-discrimination policy. They are forced to violate parts of this policy when they are forced to allow military recruiters on campus, as the military discriminates against homosexuals.

This brings up two issues as I understand it. First, there is a potential problem when Congress uses it's tax and spend power to achieve an end which is arguably forbidden by the First Amendment (infringing school and student speech association rights). Second, it invites debate on the underlying policy, here whether gays should be excluded from the military.

Any thoughts?

1 Comments:

Blogger Tally Ho said...

Not so much a comment as a tangent but I found it interesting to see how the students at different law schools deal with the JAG recruiters. At Columbia Law all the gay students fill up the spots to waste the Navy's time while at Yale Law there's a norm that just no one signs up. While neither will prevent a student at either school from joining the JAG corps I think each is an interesting protest.

6:45 PM  

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