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The Supreme Court ruled unanimously Monday that the government can force colleges to open their campuses to military recruiters despite university objections to the Pentagon's "don't ask, don't tell" policy on gays.
Justices rejected a free-speech challenge from law schools and professors who claimed they should not have to associate with military recruiters or promote their campus appearances.
The decision was a setback for universities that had become the latest battleground over the military policy allowing gay men and women to serve only if they keep their sexual orientation to themselves.
The ruling does not, however, answer broader questions about the policy itself. Challenges are pending in courts in Boston and Los Angeles that could eventually reach the high court.
For the record, the Pentagon policy is merely enforcing a law passed by Congress in 1993 and signed by President Clinton as explained in the Supreme Court ruling.
The Solomon Amendment neither limits what law schools may say nor requires them to say anything. Law schools remain free under the statute to express whatever views they may have on the military's congressionally mandated employment policy, all the while retaining eligibility for federal funds. See Tr. of Oral Arg. 25 (Solicitor General acknowledging that law schools could put signs on the bulletin board next to the door, they could engage in speech, they could help organize student protests). As a general matter, the Solomon Amendment regulates conduct, not speech. It affects what law schools must do afford equal access to military recruiters not what they may or may not say.
If you want the government's (taxpayers') money, you're gonna have to deal with the strings.
As to whether Congress should consider repealing "Don't Ask, Don't Tell", that's another matter. This SC case had to do with equal access and free speech rights for military recruiters, not "Don't Ask, Don't Tell."
AP: Court Upholds Campus Military Recruiting
