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Military Recruiting on Campus   
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Dean's Letter Regarding Military Recruiting on Campus
Over the next few weeks, the U.S. Army, U.S. Navy, and U.S. Air Force Judge Advocate General will conduct interviews at the Law School. As you know, Columbia has a long-standing nondiscrimination policy, under which employers who use Law School facilities in recruiting are asked to pledge that they will not discriminate based on numerous factors, including race, sex, religion, or sexual orientation.
 
The military’s "Don’t Ask, Don’t Tell" statute cuts against our strongly held conviction that employer hiring should be solely based on merit, and without regard to factors including race, sex, religion, and sexual orientation. The U.S. Army, U.S. Navy, and U.S. Air Force Judge Advocate General are being permitted to interview at the Law School pursuant to federal legislation known as the Solomon Amendment. Under that legislation, a law school’s refusal to permit the military equal access to recruit on campus can result in the withholding of a wide range of federal funding to an entire university.
 
As a community, we are mindful of the military’s status as an institution that protects the nation. We admire the courage and self-sacrifice of our troops and appreciate the particular contributions of military lawyers in an age when national security and personal liberty must be balanced in difficult new contexts. We believe strongly that those of our students who choose careers in the military can offer invaluable service to the nation. This very certitude renders it even more acutely troubling that our gay, lesbian and bisexual students are precluded from doing so, due to the "Don't Ask, Don't Tell" statute.
 
I encourage you, as future advocates, to participate in a robust, vibrant, public conversation around the issues raised by military recruiting. It is the role of a great law school – including both its students and faculty -- to explore contemporary legal issues in an open, collegial, and thoughtful way. We urge you to examine this issue through the various ameliorative programs at the Law School and the greater university during the course of the semester and in conversations with your peers, professors, and administrators.
 
Dean David Schizer
Dean and Lucy G. Moses
Professor of Law
Columbia Law School
 
Faculty Letter Regarding Military Recruitment
We, the undersigned members of the faculty of Columbia Law School, strongly oppose the federal law, known as the Solomon Amendment, which requires the Law School, through punitive financial coercion, to allow the United States armed services to recruit 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.
 
Last year, in Rumsfeld v. Fair, 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.”
 
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 faculty recognizes with regret the particular harm to which our lesbian, gay and bisexual students will be subject as a result of the military recruiters’ presence on campus in violation of our non-discrimination policy.
 
JOSÉ ALVAREZ
MARK BARENBERG
GEORGE A. BERMANN
VIVIAN BERGER
BARBARA ARONSTEIN BLACK
VINCENT BLASI
CHRISTINA BURNETT
SARAH CLEVELAND
JOHN COFFEE
SHERRY COLB
LORI DAMROSCH
MICHAEL C. DORF
MICHAEL DOYLE
ARIELA DUBLER
HAROLD EDGAR
RANDALL EDWARDS
MELVIN EISENBERG
ELIZABETH F. EMENS
JEFFREY FAGAN
ROBERT A. FERGUSON
MERRITT B. FOX
KATHERINE FRANKE
RICHARD N. GARDNER
PHILIP GENTY
SUZANNE GOLDBERG
HARVEY GOLDSCHMID
JACK GREENBERG
MICHAEL HELLER
LOUIS HENKIN
JIM HOOVER
CONRAD A. JOHNSON
OLATI JOHNSON
WILLIAM K. JONES
AVERY W. KATZ
JOHN LEUBSDORF
BENJAMIN LIEBMAN
CAROL B. LIEBMAN
LANCE LIEBMAN
EDWARD LLOYD
LOUIS LOWENSTEIN
GILLIAN METZGER
CURTIS MILHAUPT
EBEN MOGLEN
ARTHUR MURPHY
KATHARINA PISTOR
ANDRZEJ RAPACZYNSKI
ALEX RASKOLNIKOV
JOSEPH RAZ
DANIEL RICHMAN
PETER ROSENBLUM
CHARLES SABEL
CAROL SANGER
BARBARA A. SCHATZ
ELIZABETH SCOTT
ROBERT E. SCOTT
WILLIAM SIMON
MICHAEL I. SOVERN
JANE SPINAK
JANE STAPLETON
PETER L. STRAUSS
SUSAN STURM
ALEC STONE SWEET
KENDALL THOMAS
MATTHEW WAXMAN
PATRICIA WILLIAMS
JOHN WITT
TIM WU
MARY ZULACK
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