This op-ed in today's YDN first argues, rightly, that reasonable conservatives should be more concerned with recruiting skilled men and women to join the army than with casting them out for their sexual orientation, and then argues, wrongly, that reasonable liberals should see the JAG core's right to Yale Law-sponsored interviews, rather than the Law School's right to enforce it's non-discrimination policy, as a first ammendment issue. The factual error at the heart of the piece is in the suggestion that law students and military recruiters were - up until the Pentagon's $350 million blackmail scheme last year under the Solomon ammendment - being denied their right to association. JAG recruiters, like prospective students, Jews for Jesus, and leafletting undergrads, are free to associate with law students who want to meet with them on campus. What the Pentagon is threatening the termination of a third of a billion dollars worth of lifesaving research to demand is that the Law School sponsor those interviews through its on-campus interview program - and the Law School is right to resist the pressure. The suggestion that political protest is self-indulgent, and institutions can only be changed by the elect that's granted membership in them, belies the history of this University, let alone the US army.
Labels: court, James Kirchick, law, LGBT, speech
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