Human Rights Campaign President Joe Solmonese made the
following statement regarding the March 6th unanimous Supreme Court decision upholding
a federal law that requires universities to allow the military
recruiters on campus, circumventing anti-discrimination measures. The
case did not consider the constitutionality of "Don't Ask, Don't Tell."
"The American government shouldn't be in the business of sidestepping
anti-discrimination policies. This case didn't even address the military
policy keeping recruiters at bay from thousands of patriotic Americans
who want to serve but can't.
"With substantial support for overturning 'Don't Ask, Don't Tell,' it's
past time for the military to level the playing field. Americans don't
care if the person who catches Osama Bin Laden is gay or straight; they
just want him caught."
Rumsfeld v. Forum for Academic and Institutional Rights was a free
speech challenge to a law known as the Solomon Amendment, which denies
funding to universities that enforce their non-discrimination policies
against military recruiters just like other potential employers. Because
of the military's ban on open service by gay, lesbian and bisexual
troops, several universities with policies prohibiting anti-gay
discrimination were threatened with a loss of funding.
The U.S. Circuit Court of Appeals for the Third Circuit ruled in
November 2004 that the schools were allowed to enforce their own
policies. Last months 8-0 decision overturned the earlier decision.
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