WASHINGTON (AP) -- Colleges which 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, the Supreme Court
ruled Monday.
Justices unanimously 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. (Watch the impact of the
courtroom 'wipeout' -- 2:00)
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 court's decision upholds a law that requires colleges that take
federal money to accommodate recruiters.
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.
College leaders have said they could not afford to lose federal help,
some $35 billion a year.
The court heard arguments in the case in December, and justices signaled
then that they had little problem with the law.
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.
Copyright 2006 The Associated Press.
http://www.law.cornell.edu/supct/html/04-1152.ZS.html
Robert Paul Reed College
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