Supreme Court To Review Recruiting Law

WASHINGTON (U.S. Newswire) -- The U.S. Supreme Court agreed Monday to decide whether Congress has the right to withhold federal funds from colleges and universities that refuse to allow military recruiters on-campus access to their students.

In November, the 3rd U.S. Circuit Court of Appeals ruled in favor of FAIR, a coalition of law schools challenging the Solomon Amendment, a law prohibiting colleges and universities from barring military recruiters from on-campus access to students even though the military's "Don't Ask, Don't Tell" ban on lesbian, gay and bisexual personnel violates those schools' non-discrimination policies. Congress threatened to withhold millions of dollars in funding to schools refusing recruiters on-campus access.

Servicemembers Legal Defense Network (SLDN) filed an amicus brief in the 3rd Circuit case, supporting the colleges' right to enforce non-discrimination policies and ensure equal employment opportunities for LGBT students. The Department of Defense has maintained that on-campus access to students is vital to the military's ability to recruit America's best and brightest students.

"We agree that our armed forces should recruit the best and brightest Americans for service to our country," said Sharra E. Greer, director of Law and Policy for SLDN. "The best and brightest, however, include lesbian, gay, bisexual and transgender students, too. The Solomon Amendment has never truly been about access to students. Heterosexual students who want to enlist and serve have every opportunity to do so. Military recruiters should not, however, receive a special exception to colleges' non-discrimination policies. Schools are simply asking the military to adhere to the same rule as every potential employer recruiting on campus: no discrimination on the basis of sexual orientation. Military leaders who want to recruit our nation's most accomplished students should be the first in line to call for repeal of 'Don't Ask, Don't Tell.'"

For more information on the Solomon Amendment, visit http://www.solomonresponse.org.