Friday, February 09, 2007

Solomon Amendment Amelioration

Every member school of the Association of American Law Schools has a non-discrimination policy that both includes a prohibition on sexual orientation discrimination and applies to employers recruiting on campus. These policies would forbid military employers from recruiting on campus because of the military's "don't ask, don't tell" rules, but under a provision of federal law known as the Solomon Amendment, schools must nonetheless permit the military to recruit on the same terms as non-discriminating employers, or risk losing millions of dollars in federal funds for themselves and the parent universities with which they are affiliated. Last year, in Rumsfeld v. FAIR, the United States Supreme Court upheld the Solomon Amendment against a challenge based on the First Amendment rights to speech and association. The Court reasoned that the presence of military recruiters on campus could not reasonably be understood to communicate a message of agreement by the schools with "don't ask, don't tell." To underscore the point, Chief Justice Roberts, speaking for a unanimous Court, made clear that "[s]tudents and faculty are free to associate to voice their disapproval of the military’s message."

Taking the Chief Justice at his word, students, faculty and administrations at law schools around the country (including Columbia, where I teach), have taken the occasion of military recruitment on campus to express their disagreement both with "don't ask, don't tell" and with the Solomon Amendment. They hold fora, publish letters, and so forth. Some students here at Columbia and, I suspect, at other law schools, have suggested that students who do seek military employment should try to arrange interviews off campus, to show respect for the school's non-discrimination policy. That is a perfectly appropriate suggestion coming from a student group, but what if it comes from a school administration or the faculty? At the urging of a colleague who feared that official discouragement of students from interviewing on campus could be construed as non-compliance with the Solomon Amendment itself, I left this suggestion out of the Columbia faculty letter that I co-wrote. However, this strikes me as far-fetched. All official events protesting military recruitment on campus can have the effect--indeed, may be intended to have the effect--of discouraging students from interviewing with the military recruiters. Official encouragement to interview off campus is just one more form of First Amendment-protected speech by the law schools.

Indeed, one would think that, in the face of the sorts of protests invited by the Supreme Court's opinion in FAIR, military recruiters would prefer to interview off campus. A straight student who wants to serve his country in the JAG Corps but disapproves of "don't ask, don't tell," or simply doesn't want to earn the ire of his classmates, might well forego the interview if it means running a gauntlet of protesters; the same student might well be willing to interview unobserved a few blocks away. Of course, that doesn't mean my colleague was wrong to worry about the way in which official discouragement of on-campus interviewing would be received by the Department of Defense or Congress. An undermanned military fighting wars in Afghanistan and Iraq that fires Arabic language translators because they are gay cannot be expected to act at all rationally when it comes to this issue.

10 comments:

KipEsquire said...

I friend of mine also suggested that gay students could protest by signing up for interviews, clogging the recruiters' schedules, and then casually mentioning on their way out that they're openly gay and asking whether that would be a problem (wink, wink).

Brian said...

The homosexuals at my law school embarrass themselves every time the military comes here. Perhaps they should call on Congress to eliminate the policy, instead of haranguing the military guys.

Michelle R. said...

While I'm not sure what Brian meant by "embarass themselves," I hope it doesn't mean that a person's desire to stand up for First Amendment rights to free speech and Equal Protection rights to non-discriminatory treatment is embarassing. While it is certainly true a the large amount of criticism regarding "Don't Ask Don't Tell" should be directed to Congress, isn't it also true that recruiters are in a prime position to be able to explain to Congress the immediate effects of such a discriminatory ban? While haranguing military recruiters, who are required to go on campuses even where recruitement numbers are low or non-existent, is certainly not the most efficient use of energy, invoking the Solomon decision's encouragement of schools' rights to protest is necessary to keep dialogue open and ensure that the effects of discrimination are given a face. I would also point out to Brian that not all service members are men. Hopefully I'm not embarassing myself.

Adam P. said...

After a long break away from Dorf on Law, I'm happy to return with my two cents (or 5 points)...
1) Brian inadvertently makes a good point. It's not only the "homosexuals" (or even LGBT people more generally) that should be actively protesting Don't Ask, Don't Tell and the SOlomon Amendment. Straight people have plenty of reasons to despise these laws.

2) Laws are affected by means other than direct lobbying of Congress. The most basic reason is that Congress responds to the demands of its constituency. If more people despise Dont Ask Dont Tell and the Solomon Amendment, Congress will act.

"Haranguing" military guys works in its own way. The biggest news in Dont Ask Dont Tell is when straight members of the military- 3 star generals- come out and oppose the policy. When recruiters come back and say that they can't get qualified servicemen because of the ban, people listen more than when its a bunch of LGBT activists.

3) There's a reason why law students in particular should be targetted: they will be running for office, advising conservative Congressmen, and making ludicrous amounts of money. When writing a check to a candidate, maybe they'll remember the protests on campus.

4) Law schools are supposed to be bastions of justice. Yet, law schools daily fail their students. At my school for example, a member of the career services administration regards any protest activity related to the oh-so-ethical campus recruitment process as an annoyance, and violative of the "rights" of students who want to interview with JAG. First, there's no right of on-campus interviewing, it's when that denial is based on one's sexual orientation that it's a problem. But far worse, is that such response from a member of the law school administration shows that people fail to consider Don't Ask Don't Tell in context. if the only discrimination against LGBT Americans was in the military, that wouldn't be so bad. But in reality, that discrimination is pervasive in nearly every aspect of our federal government and American society.

5) Stepping away from my more pragmatic points, and approaching it on a justice level. As privileged law students, even if we don't want to join the military, we have an obligation to every closeted American who does, but can't protest the policy because he's ashamed of who he is.

Anonymous said...

免費A片, ut聊天室, AV女優, 美女視訊, 免費成人影片, 成人論壇, 情色交友, 免費AV, 線上a片, 日本美女寫真集, 同志聊天室, 聊天室交友, 成人文章, 成人圖片區, 色情網站, 辣妹視訊, 美女交友, 微風成人區, 色美媚部落格, 色情影片, 成人影片, 成人網站, 免費A片, 上班族聊天室, A片,H漫, 18成人, a漫, av dvd, 一夜情聊天室, 微風成人, 成人圖片, 成人漫畫, 情色網, 日本A片, 免費A片下載, 性愛, 成人交友, 嘟嘟成人網, 嘟嘟成人網, 成人貼圖, 成人電影, 成人, 中部人聊天室, 080中部人聊天室, 成人貼圖, 成人小說, 成人文章, 成人圖片區, 免費成人影片, 成人遊戲, 微風成人, 愛情公寓, 成人電影, A片, 情色, 情色貼圖, 情色文學, 做愛, 成人遊戲, 成人影城, 色情聊天室, 色情小說, 一葉情貼圖片區, 情色小說, 色情, 寄情築園小遊戲, 色情遊戲, 成人網站, 麗的色遊戲, 色情網站, 成人論壇, 情色視訊, 情色電影, aio交友愛情館, 言情小說, 愛情小說, 色情A片, 情色論壇, 自拍, 癡漢, , 俱樂部, 豆豆聊天室, 聊天室, 色情影片, 視訊聊天室, 免費視訊聊天, 免費視訊, 視訊交友90739 情人視訊網影音視訊聊天室 免費視訊聊天室 視訊聊天 視訊交友 美女視訊 視訊美女 視訊 免費視訊 免費視訊聊天 視訊聊天室 辣妹視訊 一夜情 色情a片 aio交友愛情館 情色電影 情色視訊 色情遊戲 色情 情色小說 一葉情貼圖片區 色情小說 色情聊天室 情色交友 成人論壇 成人網站 色情網站 情色論壇 小高聊天室 女同志聊天室 6K聊天室 080苗栗人聊天室 080聊天室 聊天室尋夢園 UT男同志聊天室 男同志聊天室 尋夢園聊天室 UT聊天室 聊天室 豆豆聊天室 A片 成人電影 成人貼圖 嘟嘟成人網 美女交友 本土自拍 成人交友 成人影片http://ssff01.3b8mm.com/

Anonymous said...

It is called the Entropiauniverse ped world. In the Entropia world, Entropia Universe Gold is important. Entropia universe is role play where the user creates their own character and embarks on tasks, adventures and social interaction with other participants with Entropia Universe Money. Buy Entropia Universe Gold is a real thing to you. It is also possible to offer users the opportunity of buying and selling cheap Entropiauniverse ped.

Anonymous said...

酒店喝酒,禮服店,酒店小姐,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,ktv酒店,酒店,酒店公關,酒店小姐,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工,招待所,酒店小姐,酒店兼差,寒暑假打工,酒店上班,暑假打工,酒店公關,酒店兼職,酒店經紀

Anonymous said...

www.eshooes.com .
www.pumafr.com.
www.myshoess.com.

www.eshooes.com .
www.pumafr.com.
www.myshoess.com.
[url=http://www.pumafr.com]puma shoes[/url]
[url=http://www.eshooes.com]chaussures puma[/url]
[url=http://www.myshoess.com]nike air max ltd[/url]

Anonymous said...

酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店經紀, 酒店打工經紀, 制服酒店工作, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀,,

erqing said...

Those are best online website , best service , best quality. Good luck !
ed hardy clothing
Chaussures Sport
Tennis Racquet Shop
Cheap Polo Shirts
The North Face Jackets
cheap ed hardy
Chaussures Sport
Tennis Racquet
nike shox r4
ed hardy
cheap ed hardy
polo shirts
cheap polo
Remise Chaussures Sport
nike tn requin
ed hardy clothes
nike femmes chaussures