Military Recruiters Should Retain Access to Campuses, Conservatives Say

by Bill Fancher
December 1, 2004

(AgapePress) - Conservative leaders are denouncing a ruling from the Third U.S. Circuit Court of Appeals which allows universities to continue their discrimination against military recruiters.

A three-judge panel of the Philadelphia-based court has ruled that a ten-year-old law, known as the Solomon Amendment, is unconstitutional. The law permits the government to withhold funding from colleges that do not allow military recruiters on campus because of what they see as the military's "anti-homosexual" policies. (See Earlier Article)

Retired Army Lt. Colonel Bob Maginnis says he is disturbed by the ruling. "It's critical to the Defense Department to have free access to college campuses in order to recruit not only people that are going to be officers in the armed forces, but in some degree, to also to recruit attorneys that will become members of the Judge Advocates Court," he says.

Maginnis sees a bit of hypocrisy in schools that are blocking recruiters' access to campus. "It is disturbing that colleges -- which predominantly across this country with very, very few exceptions, accept federal taxpayer money for a variety of reasons and a variety of programs -- are now banning or want to ban our recruiters from coming in there and just offering ... these young aspiring lawyers or students [an opportunity] to join the armed forces."

The retired Army officer, who emphasizes no coercion is involved in the recruiting efforts, says this ruling could prevent some of the best leadership and brightest minds from discovering the benefits of military careers.

Gary Bauer

Gary Bauer of Campaign for Working Families sees the ruling as an example of "out-of-control" courts striking again.

"What an interesting legal theory," Bauer muses, "that the taxpayer can be required to support these universities and colleges through the massive amounts of subsidies that the federal government gives to these schools, but the federal government -- in the interest of national defense -- cannot require those schools just to permit military recruiters on campus."

Bauer says he sees a disturbing trend. "[This ruling] shows that, in addition to every other liberal idea that predominates on the court, liberal anti-military attitudes are also well ingrained now in our federal judiciary," he says.