Military recruiters are a common sight among the lines of people handing out flyers in Free Speech Plaza every day. On March 6, the Supreme Court unanimously decided that higher education institutions that accept federal money must allow military recruiters on campus.
The court ruled that the law does not infringe on First Amendment rights of universities that object to the military’s “don’t ask, don’t tell” policy, and it reversed the 3rd circuit decision.
“I think it’s fair because it puts everyone on the same playing field,” said Karl Krousel, Air National Guardsman and computer engineering sophomore.
The Forum for Academic and Institutional Rights, an association of law schools and law faculties, filed the suit against the Department of Defense. Numerous organizations, including the American Civil Liberties Union and the National Lesbian and Gay Law Association, support FAIR.
“Sometimes in educational institutions you see a lack of military support because of politics, but at LSU it is not the case,” said Maj. Victor Todd, assistant professor of military science and Army enrollment officer.
FAIR was seeking a restriction on military recruiting on university campuses. The organization is against the government’s policy on homosexuals in the military. In accordance with the Solomon Amendment of 1996, the court ruled that the federal government could deny funding to universities if they do not give military recruiters access to school resources.
According to the Opinion of the Court No. 04-1152, Congress can require law schools to allow the same access to military recruiters without violating the schools’ freedoms of speech or assembly. Chief Justice John Roberts said the Court of Appeals blundered in saying that the Solomon Amendment violates the First Amendment.
“The irony is that it is the military’s job to protect institutions like our civil liberties. That’s their job,” said Sam Moore, mass communication senior. “It’s ironic that we are using the military to infringe our liberties through strong-arm tactics like federal funding,”
According to a statement by the Association of American Law Schools, of which LSU is a member, universities will continue to engage in appropriate corrective activities to reduce harm caused “by permitting a discriminatory employer to use the career services’ facilities of the law school.” The association’s statement also said it “hope[s] that the day is not too far off when gays and lesbians who seek to serve their country by serving as a military attorney will be able to do so.”
 
Contact Samantha Walker at [email protected]