The Solomon Amendment is a bill that was passed in 1996 which calls for the Secretary of Defense to deny funding to institutions of higher learning if they prohibit the ROTC or military recruiters on college campuses.
Representative Mike Rogers(R-AL) sponsored HR 3966, a bill called the "ROTC Military Recruiter Equal Access to Campus" Act. This bill details the Solomon Amendment further, stating that military recruiters are entitled to the same access to students as other employers. This bill was first approved by the House Armed Services Committee on March 17, 2004.
35 Law schools and their faculties are challenging the Solomon Amendment by joining the Forum for Academic and Institutional Rights, also known as FAIR. This association works to promote academic freedom, and to support educational institutions who oppose discrimination.
Years ago, there was a policy passed known as the “don’t ask, don’t
tell policy” in the military. The military is the only government institution in the United States
that allows and requires the dismissal of a military enlistee if he or she is verbally explicit about his or her non-heterosexuality.*
The third circuit Court of Appeals accepted FAIR's argument, as it was presented on First Amendment grounds (which establishes the right to free speech and expression). On March 6th, 2006, the U.S. Supreme Court unanimously ruled to uphold the Solomon Amendment. Rationales include Chief Justice Roberts' assertion that "federal law looks to the actual access military recruiters are given, not the policy that leads to that access," as well as the "broad authority" held by Congress in matters like military recruiting. Look for continuous updates on this site about what you can do to retaliate against this ruling.
For a complete layout and analysis of the trial, please go to: http://www.law.georgetown.edu/solomon/ For more information about FAIR and the Solomon Amendment, please go to:
Solomonresponse.org.
* More than 8700 lesbian, gay and bisexual service members have been
discharged since 1994. In many of these cases, school funding was withdrawn.
(http://www.law.georgetown.edu/solomon/Background.html)
Links and Articles:
Read the Full Text of the Solomon Amendment Here The Daily Princetonian - In the national interest (March 31st, 2006: Princeton) Burt talks on future of recruitment case (March 30th, 2006: multi-city) FAIR v. Rumsfeld: What does it mean? (March 9th, 2006: multi-city)
Ruling lets the military recruit on campuses (March 7th, 2006: Washington)
Roberts rejects his profs' brief (March 7th, 2006: Cambridge) Military Recruitment on Campus-PBS transcript (March 6th, 2006: multi-city)
ACLU Expresses Disappointment over Supreme Court ruling in military recruitment case (March 6th, 2006: multi-city)
Colleges say 1996 Solomon amendment contradicts non-discrimination policies on campuses and free speech is compromised
Solomon Amendment Panel Stirs Emotions
Why the AALS Section on Sexual Orientation and Gender Identity Issues opposes the Solomon Amendment.
The Wisdom of Solomon?
The Solomon Amendment
Student Record Release under the Solomon Amendment
Resisting Solomon’s Divides : Toward Equality on the Law Campus Law gives military recruiters access to student records
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