By Estevan Chavez

The University of Louisville hasn’t taken an official stance on military recruiting on campus. But representatives of the University of Louisville Brandeis School of Law have voiced their opinions over the lawsuit involving a coalition of universities and Secretary of Defense Donald Rumsfeld.

“This school is very hopeful that Rumsfeld will lose,” said Jerie Torbeck, assistant dean for Career Services at the law school.

He believes that the military’s “don’t ask, don’t tell” policy goes against the university’s non-discrimination rule. They only allow recruiters on campus because of the Solomon Amendment which states that the school would lose federal funding for not giving the military equal access to career opportunities.

Master Sgt. Rob Michaud, the noncomissioned officer-in-charge of the 29th Infintry Division Public Affairs Office, said he doesn’t feel the military’s policies should prevent recruiters from being allowed on campus.

“I think [the military] should be allowed. Other businesses are allowed on campus to recruit,” he said.

In a friend of the court brief, the American Association of University Professors state that the biggest reason for the Solomon Amendment is to prevent law schools from expressing opposition to the military’s discriminatory views. They quoted a military recruiter who said that “singling out military recruiters sends a message that employment in the armed forces of the United States is less honorable.”

The University of Louisville complies with government regulations. Before the Solomon Amendment passed, the Brandeis School of Law refused to let military recruiters into their buildings.

“When it started, we thought we could ignore it, but they came in real heavy and told us they would prevent student federal loans,” Torbeck said.

Once the government enacted the new law, the law school felt it had to comply with regulations. Otherwise, students would feel the heat from the cut funding.

Torbeck did say that the law school believes individuals can have a great career in the Judge Advocate General’s Corps and wish to help in any way they can, but they don’t support having people in the building who do not comply with their non-discrimination policy.

The Forum for Academic and Institutional Rights filed suit in 2003 against Rumsfeld over military recruiting on college campuses. FAIR won in the U.S. Court of Appeals for the Third Circuit. The government appealed the decision, and the Supreme Court will now hear the case on Dec. 6. 

In 1995, the United States Congress passed the Solomon Amendment. The amendment denied funding from the Pentagon to universities that refused to allow military recruiters equal access to career placement on college campuses. Gradually, the amendment began to change. Within the next year, the amendment had been stretched to include all funds from the United States Department of Education, labor and health and human services.

In 2000, the Department of Defense expanded the law again to include all federal grant money. FAIR objects to the amendment because of the military’s “don’t ask don’t tell” policy toward homosexuals. Universities require that all potential employers comply with anti-discrimination polices, and the lawsuit claims that the U.S. military doesn’t follow the policies.

“Academic freedom extends beyond teaching and research narrowly understood,” stated the AAUP brief.

Maj. Coy Turner of the Reserve Officer Training Corps said that while the military focuses more on training than recruiting, he establishes a relationship with all of the recruiters that come on campus. He hasn’t heard of any problems with the military at U of L, partially because he said the military doesn’t prefer recruiting on college campuses.

“Recruiters aren’t really that comfortable with campus,” Turner said, adding that he doesn’t expect strained relations with the university over the lawsuit. “We have worked for years to establish an outstanding relationship with U of L, and I wouldn’t let anything harm that.”

For now, the law school will just wait and see what happens during the Supreme Court hearing, but they do offer a warning during career fairs. As part of what Torbeck referred to as their “ethical obligation,” they post a sign outside of the military recruiters’ booth to act as an apology and disclaimer. The sign briefly explains the current laws and the threat of a loss of funding for students.

Law schools named in the lawsuit include New York, Yale and Stanford Universities.