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The US armed forces have returned to our campus for law student recruitment.  The military’s on-campus recruitment directly violates the Law School’s longstanding policy forbidding employers from recruiting on campus if they discriminate based on, inter alia, sexual orientation.  In response, the faculty members listed below have issued the following letter:

We, the undersigned members of the faculty of Columbia Law School, remain strongly opposed to the federal law known as the Solomon Amendment.  Through punitive financial coercion, this law requires the Law School to allow representatives of the United States armed services to engage in discriminatory recruitment on our campus through the Law School’s Career Services office.  This recruitment directly violates the Law School’s longstanding non-discrimination policy, which forbids employers from recruiting on our campus if they discriminate based on, inter alia, sexual orientation.  Under the “don’t ask, don’t tell” law, which bars openly lesbian, gay and bisexual individuals from military service, military employers discriminate explicitly based on sexual orientation.

In March 2006, in Fair v. Rumsfeld, the United States Supreme Court upheld the Solomon Amendment against a challenge based on the First Amendment rights to speech and association.   The Court held that law schools could be required to permit military recruiters access to campus, notwithstanding the schools’ non-discrimination policies. However, Chief Justice Roberts, speaking for a unanimous Court, also made clear that “[s]tudents and faculty are free to associate to voice their disapproval of the military’s message.”

Gratified by Congress’s recent action recognizing that eligibility for military service should not depend on sexual orientation, we look forward to implementation of Don’t Ask, Don’t Tell’s repeal following presidential certification.  Accordingly, we reaffirm our commitment to an educational environment at the Law School that is free from discrimination based on sexual orientation, as well as discrimination based on race, color, religion, national origin, sex, age, and handicap or disability.

The undersigned faculty members recognize with regret the harms to which our lesbian, gay and bisexual students may be subject as a result of the military recruiters’ presence on campus in violation of our non-discrimination policy.

The undersigned faculty members further regret the harm to the United States and to the rule of law occasioned by a federal law that excludes highly qualified lawyers from serving in the United States armed forces.

MARK BARENBERG
VIVIAN BERGER
GEORGE A. BERMANN
JAGDISH BHAGWATI
BARBARA ARONSTEIN BLACK
VINCENT BLASI
CHRISTINA BURNETT
ALEXANDRA CARTER
JOHN COFFEE
KIMBERLÉ CRENSHAW
LORI DAMROSCH
BRETT DIGNAM
MICHAEL DOYLE
ARIELA DUBLER
HAROLD EDGAR
RANDALL EDWARDS
ELIZABETH F. EMENS
JEFFREY FAGAN
ROBERT A. FERGUSON
MERRITT B. FOX
KATHERINE FRANKE
RICHARD N. GARDNER
ALEJANDRO M. GARRO
PHILIP GENTY
MICHAEL GERRARD
JANE GINSBURG
ABBE GLUCK
SUZANNE GOLDBERG
HARVEY GOLDSCHMID
MICHAEL GRAETZ
KENT GREENAWALT
JACK GREENBERG
JAMAL GREENE
MICHAEL HELLER
JIM HOOVER
BERT HUANG
CONRAD A. JOHNSON
OLATI JOHNSON
AVERY W. KATZ
RISA KAUFMAN
SUSAN KRAHAM
JODY KRAUS (visiting)
BENJAMIN LIEBMAN
CAROL B. LIEBMAN
JAMES LIEBMAN
LANCE LIEBMAN
EDWARD LLOYD
GILLIAN METZGER
CURTIS MILHAUPT
EBEN MOGLEN
TREVOR MORRISON
HORATIA MUIR WATT (visiting)
ARTHUR MURPHY
NATHANIEL PERSILY
KATHARINA PISTOR
ANDRZEJ RAPACZYNSKI
ALEX RASKOLNIKOV
JOSEPH RAZ
DANIEL RICHMAN
DANIEL RODRIGUEZ (visiting)
PETER ROSENBLUM
CHARLES SABEL
CAROL SANGER
BARBARA A. SCHATZ
ELIZABETH SCOTT
ROBERT E. SCOTT
THEODORE SHAW
WILLIAM SIMON
MICHAEL I. SOVERN
JANE SPINAK
PETER L. STRAUSS
SUSAN STURM
KENDALL THOMAS
MATTHEW WAXMAN
PATRICIA WILLIAMS
TIM WU
MARY ZULACK

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  1. New Blog Post: Gender & Sexuality Law Blog » Blog Archive » Columbia Law Faculty … http://bit.ly/gG9Q5k

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