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Dean Nell Jessup Newton's statement on the Supreme Court's Solomon Amendment Decision

On Monday, March 6, the United States Supreme Court unanimously rejected a constitutional challenge to the "Solomon Amendment," a federal statute authorizing the withholding of all federal funds from any college or university that denies military recruiters the same access to campus facilities as that provided to other employers. Such access to America's campuses would, of course, be routinely provided to representatives of the Armed Forces were it not for the Pentagon's implementation of the "don't ask - don't tell" policy towards gays and lesbians. Principled disagreement over this policy is what led to passage of the Solomon Amendment and to the controversy that produced this week's Court decision.

Our stance toward this week's developments should be clear. The military's open policy of discriminating on the basis of sexual orientation violates our Law School's non-discrimination policy as well as the policy of The Association of American Law Schools. Under these policies we bar all employers who discriminate against gays and lesbians from access to our facilities.

Owing to the threat of the withdrawal of federal funds to the entire University, however, the Law School sees no choice but to continue to make a limited exception to its policy for the U.S. Armed Forces. As the Supreme Court's decision clearly authorized, we will also continue to protest application of the military's policy, which I personally oppose. The "don't ask-don't tell" policy violates the dignity of our gay and lesbian students and denies the military the services of a significant portion of the population based solely on their sexual orientation.

It is highly regrettable that polarized politics will lead some observers of the Solomon Amendment controversy falsely to equate support for the principle of non-discrimination with opposition to the military's role or disrespect for military personnel or their families. Especially in this time of war, we are mindful of and honor the many sacrifices made by members of our community who serve in, or have close connections to persons who serve in, the armed forces. Indeed, any American law school worthy of the name will recognize that the laws and freedoms we treasure here at home depend upon the courage and sacrifice of those willing to defend us abroad. We look forward to the day when the opportunity to serve one's country in the noble effort of national defense is freely afforded to all Americans. On that day the pride we, as Americans, take in our sons and daughters in uniform will be reflected in a heartfelt invitation to military recruiters to find the best and brightest as they study on our campus. In the meantime, of course, we will respect and comply with the law.

Nell Jessup Newton
Dean, School of Law