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federal appeals court)Campuses May Bar Military Recruiters (as anti-gay)

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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-04 10:40 AM
Original message
federal appeals court)Campuses May Bar Military Recruiters (as anti-gay)
http://www.latimes.com/news/nationworld/nation/la-na-recruit30nov30.story
federal appeals court)Campuses May Bar Military Recruiters (as anti-gay)
(3rd Circuit) federal appeals court rules that universities' free-speech rights are incompatible with the Pentagon's policy on gays and lesbians.
By Esther Schrader Times Staff Writer November 30, 2004

WASHINGTON — Handing a significant legal victory to gay-rights advocates, a federal appeals court ruled Monday that academic institutions may restrict on-campus recruiting by the military because of the Pentagon's policy on gays and lesbians.

The 3rd U.S. Circuit Court of Appeals, based in Philadelphia, ruled that a federal law known as the Solomon Amendment infringes on the free-speech rights of schools by allowing the federal government to withhold funds from colleges and universities that deny access to military recruiters.

The preliminary injunction issued in one of four separate lawsuits filed by students and professors at law schools throughout the country found that by threatening to withhold federal funds from schools that do not accommodate military recruiters, the government was compelling them to take part in speech they did not agree with.

"The 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," the panel wrote in a 2-1 decision.

The court overturned an opinion by a federal judge in New Jersey who ruled a year ago that law schools must open their doors to military recruiters, even if the Defense Department's refusal to admit openly gay or lesbian individuals to military service offends a school's antidiscrimination policies.<snip>

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ohtransplant Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-04 11:02 AM
Response to Original message
1. This won't be the last salvo
in this fight but it's a good example that many fights remain and in many forums. If we don't challenge the theft of our country in all forums, large and small, we won't recognize our country in four years.

These must be pinko liberal "activist" judges bent on legislating from the bench and destroying our way of life. I thought we were going to replace them all with good ole boy "strict constructionists"...What?...Some are repubs?...Say it ain't so...

The open secret is there are gays in the military now, always has been, and always will be. We just don't want them to tell us. How silly...

The big lie is "don't ask, don't tell." Plenty of gays are shown the door solely because they're gay.
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-04 11:07 AM
Response to Reply #1
2. I agree - indeed it is nice to win one based on logic now and then!
:-)
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Moderator DU Moderator Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-04 11:25 AM
Response to Original message
3. Duplicate topic--Please continue discussion here:
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