Tuesday, May 03, 2005

Military Recruiters - Bogus Court Case

31 college law schools have gone to the Supreme Court to keep military recruiters off their campuses. The Solomon Amendment, passed in 1994, requires them to give the military full access. They say that the military is bigoted because it does not recruit open gays. And that they have free-speech rights to not allow anyone who holds such a position. Since the Solomon Amendment forces them to host the military, it violates this free-speech right, they claim.

Wrong. The law schools' free speech is intact, because they don't have to host the military. They can tell the military to get lost. But to do so they have to give up their federal funding. And they depend on the taxes you pay, so they can't do that. They are addicted to your tax dollars.

So it is not a free-speech case; they are just protecting their funding. Don't feel sorry for Yale, Vanderbilt and Southern Cal. They have to make their own decisions. Do they want the funds or to follow their conscience? President Bush is not interfering with their consciences. Particularly since the military does recruit gays, just not open ones.

This case never should have gone to the Supremes. The circuit court should have said "get lost." Seattle Times

Update. Law Prof. Marci Hastings says the Supreme Court should and will overturn the 3d Circuit Court and uphold the Solomon Amendment. She thinks they accepted the case in order to overturn it. Find Law.com

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