Posted on 12/06/2005 8:25:42 AM PST by new yorker 77
(U-WIRE) WASHINGTON -- The Supreme Court agreed last week to decide the constitutionality of the controversial Solomon Amendment, which gives Congress the power to withhold federal funding from campuses who refuse to allow military recruiters on campus due to their anti-gay policies. Thirty-one law schools, including Georgetown, The George Washington University, and New York University, have joined the Forum for Academic and Institutional Rights, all of whom are fighting for their right to free speech. Supporters of FAIR feel that a campus should have the right to ban an organization that does not openly accept all sexual orientations. Thirteen of the groups chose not to publicly identify themselves in fear of retribution.
The Solomon Amendment has its roots in the 1980s when law schools began denying access and assistance to military recruiters due to their ban on openly gay members. The first version of the amendment was adopted by Congress in 1994, and threatened to stop only Pentagon funding for uncooperative schools.
In 1997, however, the amendment was expanded to include all federal agencies. After September 11, the Pentagon took a stronger stance due to an increasing need for military recruitment. In 2001, a new Pentagon policy was enacted, requiring military recruiters to be treated equally to any other organization. This policy was enacted into law last year.
Thus far, no university has lost its federal funding due to banning of military recruiters. In theory, however, the Solomon Amendment could result in the loss of all federal funds to both undergraduate and graduate programs.
The amendment has gone through various trials before reaching the Supreme Court. In February, the faculty of Yale University's law school brought the case to a Federal District Court in Connecticut. Judge Janet C. Hall declared the amendment unconstitutional, and banned its enforcement at Yale.
Last year, the Philadelphia 3rd Circuit Court of Appeals granted FAIR an injunction against the government's attempt to enforce the Solomon Amendment. The Bush administration hopes to reverse this decision in the Supreme Court.
"The Solomon Amendment reflects Congress's judgment that a crucial component of an effective military recruitment program is equal access to college and university campuses," said Acting Solicitor General Paul D. Clement at a court briefing.
The case speaks to a larger national controversy, pitting the Bush administration's notably conservative stance, and the largely liberal law school faculties around the nation.
In light of the recent controversy, the Columbia University Senate voted last week to reject a resolution to reinstate the R.O.T.C. on campus, an organization which has been banned since 1969. The vote weighed heavily against its reinstatement at 51 to 11, following a two hour debate focusing on the discrimination by the military against openly gay members.
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These wealthy schools don't need public funding anyway.
The mind reels...
Everyone has a right to free speech, but no one has a right to feed at the government trough. And congress has always had the right to give or deny funding.
The only possible way you could protest this rule would be to demonstrate that it was unreasonably discriminatory. For instance, it might be unconstitutional to say that Harvard gets funding but Yale doesn't, because we don't like Yale. But this rule is neither arbitrary nor unreasonable.
Still, it's predictable that the Supreme Court, minus Alito, will come down on the wrong side and invent yet another previously unknown "right," the right of liberal universities to get federal funding no matter how many laws they break.
a very dangerous course that the courts are on here...they are just a hairs breadth away from taking the Constitutional "Power of the Purse" away from the Legislative branch....and look out if they succeed!!
The key to the social engineering of the "Great Society" was federal funds with stings attached. Libs had no problem with that!
So much stress on unlimited abortion and supporting perversions these days. How sick is it that our society has sunk into these depths?
With all due respect, this has nothing to do with abortion.
I believe that part of the problem that conservatives are having today getting the message out is that we continue to lump issues together. Just as every Democratic talking point seems to include "Bush Lied", every conservative talking point begins to include abortion or gay rights - particularly those involving the SCOTUS.
I believe that our best strategy should be to remain focused on the issue at hand. In this case, the argument should be very cut and dried. There is no absolute right to government funding, period. Congress maintains the Power of the Purse; they can put whatever restrictions on it that they want. That's the way it was envisioned by the writers of the Constitution, that's the way it should stay.
Hypocrits. If discrimination is bad, why do universities practice affirmative action?
I'm no lawyer - however - listening to the audio on C-Span - it sounds to be me like the Justices are kicking the plantiffs butt.
I agree completely. I wonder what is going through the lawyers head. It seems that all of the justices are on the same page.
One of the justices, I forget which, asked why it's OK (to liberals) to withhold federal funds if a school discriminates on race but not OK in this case. He basically had no answer.
Woops, I spoke to soon. Ginsburg is Ginsburg.
Isn't that close to how Hitler ascended to power? Incrementally?
I continue to listen - man oh man - you have to give this guy credit - he's taking it on the chin.
Seems simple to me - let the recruiters on campus - and then publically tell everyone - "We hate the military".
Let's see if they have guts to state their belief.
That's what's so funny. They're trying to say that the problem is with "Don't Ask - Don't Tell". They really just don't want the recruiters on campus at all.
Agreed - they are simply hiding behind a false screen.
Chicken sh*Ts
Yes, let's not lump everything into one -including immigration along with the others that you mentioned. They are seperate issues and need to be fought one battle at a time.
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