Campus access sought for military

ASSOCIATED PRESS

A Bush administration lawyer told the Supreme Court yesterday that colleges cannot turn away military recruiters in protest of the Pentagon’s policy on homosexuals if the universities also want to receive federal money.

Solicitor General Paul Clement said that when the U.S. 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.”

Mr. Clement was referring to a 1993 law that empowered the government to cut off federal money to any school that blocks military recruiters from having the same kind of access to “the campuses and to students that is provided to any other employer.”

Chief Justice John G. Roberts Jr. and other court members seemed concerned about hindering a Defense Department need to fill its ranks when the nation is at war.

“There’s the right in the Constitution to raise a military,” Chief Justice Roberts said, adding that schools unhappy with the “don’t ask, don’t tell” policy have a simple solution: turn down federal cash.

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 regarding the policy allowing homosexual men and women to serve in the military only if they keep their sexual orientation to themselves.

Mr. Clement said the military is receiving nothing more than any other donor would expect.

A few justices, including David H. 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,” Justice Souter said.

E. Joshua Rosenkranz, the lawyer for the law schools, told the justices: “There are two messages going on here and they are clashing. There is the military’s message, which the schools are interpreting as ’Uncle Sam does not want you,’ and there is the school’s message, which is ’we do not abet those who discriminate. That is immoral.’”

Justice Anthony M. Kennedy said: “Your argument will allow schools to exclude anybody in a uniform from a cafeteria.”

Justice Stephen G. Breyer said that many people disagree with government policies, but they are not allowed to get out of paying taxes or following laws because of that.

Federal financial support of colleges tops $35 billion a year, and many college leaders say they could not forgo that money.

Some students camped out overnight to get seats for the argument. Dan Noble, 26, a homosexual Yale Law School student said that “you feel discriminated against when some recruiters will interview your fellow students but won’t interview you.”

Many law schools forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.