Domestic Policy

Military Can Recruit On College Campus, Regardless Of Stance On Gays

December 7, 2005 ⋅  E-Mail Article ⋅  Print Article ⋅ Post a comment

I cannot believe this issue has risen as far as it has. The military provides a unique service to all American, and Non-American, citizens living within its borders. For any group, or union, to even try and deny them the right to recruit is appalling. Would these same individuals rather we went back to the draft?

I understand the argument being discussed here; lawyers say the Army utilizes discriminatory practices because of its stance on the topic of Gays in the Military. However, the lawyers have the freedom of speech to voice their opposition to this policy; I do not believe they have the right to ask military recruiters to stay away from their campuses, in actuality they are infringing on the freedoms they are trying to defend.

The Supreme Court justices indicated Tuesday that they would uphold the military’s right to recruit on college campuses, universities, and law schools, despite the Military’s policy of excluding openly gay people from its services.

The main debate centers on the Solomon Amendment. The Solomon Amendment is named after the late Representative Gerald Solomon. The Solomon Amendment is a law that was established to allow the military a reasonable chance of recruiting individuals it considered to be the best and the brightest individuals on college campuses. The Amendment makes it possible to punish any institutions of higher education that provide access to their students by civilian recruiters but prevent military recruiting on campus.

An Appeals court in Philadelphia previously overturned the Solomon Act by a 2 to 1 decision. However, the decision has been appealed to the Supreme Court Justices and it appears that the Appeals Court decision will be reversed.

Supreme Court Judge John Roberts and the other justices appeared to agree that there was no free speech issues or violations incurred by giving the Military a right to recruit on college campuses. However, the judges also reiterated that the schools and their faculty are free to criticize the military for their practices.

The issue of military recruiting on campus goes back to the Vietnam War era. During the Vietnam War, Congress gave the Pentagon the ability to restrict funds to colleges and universities that barred military recruiters from their campus. Recently the issue gained renewed interest when a handful of law schools refused to host military recruiters as a way to protest the Military’s ban on explicitly gay service members.

The Solomon Amendment only makes sure that the Military has every advantage, or opportunity, at a potential employee as does any other potential employer recruiting on campus. Many have pointed out that some of the businesses recruiting on campuses have the same if not more discriminatory policies in place, yet these businesses are not accosted for their college recruiting practices.
High court hears campus recruiting case

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