by TChris

Some members of Congress evidently believe the First Amendment doesn't apply to law schools. Representatives recently voted (by 327 to 84) to support a resolution encouraging the executive branch to challenge a Third Circuit decision that upheld the right of law schools to ban military recruiters from their campuses without losing federal funding. The military needs more lawyers, but some law schools prefer not to be associated with the military's discriminatory policies.

The 2-to-1 [court] decision relied in large part on a ruling in 2000 by the Supreme Court to allow the Boy Scouts to exclude gay scoutmasters. Just as the Scouts have a First Amendment right to bar gays, the appeals court said, law schools may prohibit groups that they consider discriminatory.

Representative Tammy Baldwin explains why the resolution (like the law withholding federal funds from campuses that "obstruct" military recruiting) is short-sighted.

"We should be looking at ways to strengthen our military and expand our resources," Ms. Baldwin said. "When will we have the debate about the harm caused by excluding many qualified, skilled Americans from serving in our military simply because they are gay or lesbian?"