Tuesday, December 06, 2005

First gay related case heard by Supreme Court

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From SCRC: According to an article published by the Washington Blade, the Supreme Court has begun hearings on the case involving on-campus military recruitment and the Solomon Amendment. From the remarks made during the hearings, it looks as though the Court will be all-too-willing to uphold the Solomon Amendment. According to the article:
New Chief Justice John Roberts said schools unhappy with the "Don't Ask, Don't Tell" policy have a simple solution: turn down federal cash. And Justice Sandra Day O'Connor, who is retiring, said colleges can post disclaimers on campus noting their objections to military policy. Law school campuses have become the latest battleground over the policy allowing gay men and women to serve in the military only if they keep their sexual orientation to themselves. Solicitor General Paul Clement said that when the government picks up the tab for things like research and education grants, the military also is entitled to demand "a fair shot" in terms of equal access for its recruiters to a university's "best and brightest." Clement said the military is receiving nothing more than any other donor would expect. A few justices, including David Souter, worried that the free speech rights of law schools could be hindered by Congress' action of tying funding to military recruiters' access. "The law schools are taking a position on First Amendment grounds, and that position is in interference with military recruiting, no question about it," Souter said.
The lawsuit was brought by brought by a group of law schools and professors claiming that their freedom of speech was violated, "on grounds they are forced to associate with military recruiters or promote their campus appearances." ======= The reasons why the schools do not want military recruiters on campus is because the US Military discriminates against gay Americans. This first gay-related case has the possibility of letting us know how the new Roberts Court will handle issues of sexual orientation and LGBT issues, unless of course the Justices are smart enough to steer clear of those issues and stay directly on the topic of the Solomon Amendment. Who knows?