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Yale loses court case over military recruiters
By John Christoffersen (The Associated Press)
NEW HAVEN, Conn. - Yale Law School will end its policy of not working with military recruiters after a court ruling this week jeopardized about $300 million in federal funding, officials said Wednesday.
Yale and other universities have objected to the Pentagon's "don't ask, don't tell" policy, which allows gay men and women to serve in the military only if they keep their sexual orientation to themselves. The 2nd U.S. Circuit Court of Appeals ruled against Yale on Monday, rejecting its argument that its right to academic freedom was infringed by a federal law that says universities must give the military the same access as other job recruiters or forfeit federal money. "The fact is we have been forced under enormous pressure to acquiescence in a policy that we believe is deeply offensive and harmful to our students," said Robert Burt, a Yale law professor who was lead plaintiff in the case. The funding loss would have devastated the university's medical research into cancer, heart disease and other illnesses, Burt said. Yale Law School policy requires all recruiters to sign a nondiscrimination pledge, which the Pentagon has not done. Jan Conroy, a Yale Law spokeswoman, said faculty had authorized the dean to waive the nondiscrimination pledge in 2002 when the military challenged it. The pledge requirement will now be waived if military recruiters ask to participate in job fairs, Conroy said. She said the U.S. Air Force has already asked to participate in a job interview program that starts Monday. The law school had refused to assist military recruiters, denying them access to Web-based programs that link students and employers, Burt said. The appeals court decision came after the Supreme Court ruled unanimously last year that the government can force colleges to open their campuses to military recruiters despite university objections. Justices rejected a free-speech challenge from law schools and professors who claimed they should not have to associate with military recruiters or promote their campus appearances. The Texan strives to present all information fairly, accurately and completely.
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