In a unanimous decision, the U.S. Supreme Court today ruled that colleges accepting federal money must allow military recruiters on campus, despite any objections to the military’s “Don’t Ask, Don’t Tell” policy.
Chief Justice John Roberts wrote the decision:
Because Congress could require law schools to provide equal access to military recruiters without violating the schools’ freedoms of speech or association, the Court of Appeals erred in holding that the Solomon Amendment likely violates the First Amendment. We therefore reverse the judgment of the Third Circuit and remand the case for further proceedings consistent with this opinion.
Added Roberts: “A military recruiter’s mere presence on campus does not violate a law school’s right to associate, regardless of how repugnant the law school considers the recruiter’s message.”
Justice Samuel Alito did not participate as he had not yet joined the Court when the case was argued.
The Solomon Amendment was passed in 1994 after universities banned military recruiters because the military’s “Don’t Ask, Don’t Tell” policy violated the school’s non-discrimination policies.
Supreme Court Upholds Campus Military Recruiting [nyt]
Supreme Court upholds law school access for military recruiters [jurist]
