Statement of Dean Spieler Regarding the Solomon Amendment
March 2006
On March 6, 2006, in Donald H. Rumsfeld, Secretary of Defense, et al., v. Forum for Academic and Institutional Rights, the Supreme Court ruled against FAIR in our challenge to the Solomon Amendment. Northeastern University School of Law was proud to be a part of the effort that challenged the military's access to our students despite the don't-ask-don't-tell policy that overtly discriminates against gay and lesbian law students.
Obviously, we are disappointed with the Court's ruling. To comply with it, we must provide the military with the same access to our students that we provide to all other employers -- despite the fact that the military openly violates the anti-discrimination policies of Northeastern University and the School of Law. This law school and our graduates have been leaders in the fight against all forms of discrimination based on gender identity and sexual orientation. We are proud of this strong commitment to equality and to tolerance. And so, while we comply now with the Court's decision, we do so reluctantly and with heavy hearts.
But we should not be silent in our acquiescense. While rejecting the First Amendment claims made by FAIR and others, the Court in its opinion repeatedly invites our response: "Law schools remain free under the statute to express whatever views they may have on the military's congressionally mandated employment policy, all the while retaining eligibility for federal funds .... Students and faculty are free to associate to voice their disapproval of the military's message." And the Court notes approvingly the Solicitor General's acknowledgement that "law schools 'could put signs on the bulletin board next to the door, they could engage in speech, they could help organize student protests.'"
The Court's decision is quite clearly an invitation for us to engage in more speech, not less. Faculty, students and staff plan to accept the court's invitation to speak out against the government's discriminatory military recruiting practices -- and all discriminatory policies that deny our students equal opportunity.
We will continue to raise our voices against the pernicious discrimination practiced by the military. And we look forward to Ð and anticipate -- the day when the government abandons openly discriminatory policies and extends equal opportunity to all of our students, without regard to sexual orientation.
