Thursday, March 24, 2005

Yale vs. "The Solomon Amendment": Part Deux

Sometimes, something real scary comes around to remind me to check my "drafts." Time to report on the death of The Solomon Amendment.

As the sky is blue and the grass in green, it is no surprise that many on the Left hate the military as much as they hate themselves and their country. In case you forget, often they will show you again how they feel.

One thing about Rep. McKinney, I respect her honest aggressiveness. Many of the tenured, self-appointed elite do not deserve respect. They have honed passive-aggressive anti-militarism to an art; r.e. banning ROTC on campus. They are very concerned with inclusiveness, you see. We can't have gay-bashing fascists recruiting our fine men and womyn.

I have written about this before here and to a lesser extent here.

Yale receives more than a quarter of a billion dollars in federal funding per year while at the same time discriminating against the military in its recruitment fairs.


TO: The Law School Community
FROM: Harold Hongju Koh
DATE: February 1, 2005
RE: Military Recruiting and the Spring 2005 Interviewing Program

As you know, the Defense Department has lately interpreted the Solomon Amendment to require denial of federal funds to institutions of higher education that withhold assistance from military recruiters who will not pledge to refrain from discrimination in recruiting.

Last year, groups of Yale Law School faculty and students filed suit in the federal district court in Bridgeport challenging the legality of the Defense Department's interpretation of the Solomon Amendment. On December 9, 2004, Judge Janet C. Hall (D.Conn.) heard argument on motions for summary judgment in these cases. A few weeks earlier, in the FAIR litigation, the Third Circuit directed entry of a preliminary injunction against enforcement of the Solomon Amendment, stating that "[t]he Solomon Amendment requires law schools to express a message that is incompatible with their educational objectives, and no compelling governmental interest has been shown to deny this freedom. ... In this context, the Solomon Amendment cannot condition federal funding on law schools' compliance with it."

Yesterday, Judge Hall granted summary judgment in favor of the faculty plaintiffs. Judge Hall's opinion confirmed that the Solomon Amendment has been unconstitutionally applied to Yale Law School and permanently enjoined the Defense Department "from enforcing it against Yale University based upon Yale Law School's Non-Discrimination Policy." Judge Hall's opinion declared: "The Solomon Amendment violates the [faculty] plaintiffs' First Amendment right to freedom of speech.. . . " Yale Law School, "acting through the Faculty, has been unconstitutionally coerced into foregoing its own message [of nondiscrimination] and into assisting DoD in the dissemination of DoD's message of its "Don't Ask, Don't Tell policy...." "In addition, DoD offers no evidence to support a finding that the Solomon Amendment, and the suspension of the N[on-]D[iscrimination] P[olicy] for the past two years at YLS that it caused, has advanced its goal of raising an army through effective recruiting." ... "[T]he Solomon Amendment is not narrowly tailored to advance a compelling government interest, and thus unjustifiably burdens the Faculty Members' First Amendment right of expressive association."

I am gratified by Judge Hall's judgment, which seems to me clearly correct. Her ruling brings us closer to the day when all members of our community have an equal opportunity to serve in our Nation's armed forces. This Thursday, February 3, 2005, the Spring 2005 Interviewing Program will begin. In light of the District Court's opinion and injunction, Yale Law School will enforce its nondiscrimination policy during the Spring 2005 Interviewing Program without exception.

Harold Hongju Koh Dean, Yale Law School
In light of what we have seen over the last few months from our Judiciary, this shouldn't be a shock.

Read the memo again. It really is beyond parody and Fisking. I am just waiting for Harold to complain about the cultural divide between the military and civilian world.

Respect Harvard and Yale? Though there are a few sound minds there. Naw. They have lost their dedication to anything buy themselves and their dogma.

Hat tip: Shannen Coffin at "The Corner" and LGF.

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