Don’t Ask, Don’t Tell, But Feel Free to Recruit

by Kelly Phillips Erb on March 6, 2006

In a unanimous decision, today the Supreme Court ruled that colleges and universities which accept federal funding must allow military recruiters on campus, despite objections to the Defense Department’s “don’t ask, don’t tell” policy on homosexuals.

Justice Roberts wrote the opinion, rejecting a free-speech challenge from law schools to the contrary.

Many colleges and universities have successfully banned recruiters from public agencies and private companies with discriminatory policies. However, the issue before the Justices specifically revolved around those institutions which accept federal funding and focused on a federal law, known as the Solomon Amendment, which requires universities to give the military the same access as other recruiters or forfeit federal money.

This particular matter had been presented to the US Supreme Court in December, although the opinion was released today. At that time, in December, Justices had indicated that they were concerned about limiting the military’s ability to recruit during wartime.

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