This is a similar tactic to what law schools used against military recruiting prior to the Solomon Amendment. They basically said that no entity can recruit unless it signs a non-discrimination paper. The military, due to its rules, could not sign it, therefore it was banned from recruiting. Then, the Solomon Amendment was passed which basically stripped federal money away if schools did not allow recruiting. The application of the Solomon Amendment was upheld by the federal Supreme Court in FAIR v. Rumsfeld.
The key argument is that the Supreme Court has upheld the military’s policies and the Constitution gives the federal government exclusive power over the military. Who is the City of Berkeley to regulate the military or to pass on its policies or to second guess the federal supreme court.
The City of Berkeley wants to undermine the Constitution’s supremacy clause which was reaffirmed by the Civil War and the Civil Rights movement.
Thanks very much for the information, Wyatt K.