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April 12, 2005
Letter to the Editor: Hamline should join Harvard, Yale in FAIR practices against discrimination
The decision made by Hamline administrators to maintain an exception to our nondiscrimination policy for U.S. Armed Forces recruiters is dishonest and wrong. It is dishonest as a betrayal of our mission and wrong because it hurts people within our community. It is inconsistent for our administrators to publicly decry homophobic hate speech while adhering to government policy that institutionalizes homophobia. I regret to say that recent public statements made by Dean Garvin Davenport and Vice President Dan Loritz (March 15 Oracle) reveal a lack of in-depth investigation into issues so crucial to the integrity of our mission.
The 1995 Solomon Amendment was designed to withhold federal funding from schools that refused to allow U.S. Armed Forces recruiters onto their campuses. It was targeted at universities, Hamline included, whose policies of nondiscrimination necessarily excluded potential recruiters that upheld discriminatory policies (e.g., the U.S. Armed Forces’ mandatory firing of LGBT people).
A group of universities and law schools known as the Forum for Academic and Institutional Rights (FAIR) recently prevailed in a Third Circuit Court decision declaring the Solomon Amendment unconstitutional. Inaccurate reporting has suggested that the court’s decision would be limited to the third circuit; in order to provide full relief for all the plaintiffs involved, the final ruling would have extended beyond the circuit’s geographical boundaries. Currently, however, the Solomon Amendment is still in effect, pending an appeal to the Supreme Court.
Why is it then that Harvard and Yale, which reside in the first and second districts, respectively, have responded to the third circuit’s ruling by reinstating nondiscrimination standards for recruiters that had at one time violated the Solomon Amendment? Why would two prominent law schools risk hundreds of millions of dollars in federal funding if, as our administrators have claimed, the current issues rest primarily on fiscal responsibility?
According to the Feb. 7 edition of the Harvard Crimson: “With [Judge] Ambro’s decision to stay the Third Circuit’s ruling, Harvard could at least theoretically face repercussions from the federal government for barring military recruiters from campus.”
Do Harvard administrators know something that Hamline administrators do not? Truth be told, the government has never withheld funding from a school that violated the Solomon Amendment. In every case, the school in question was provided due process: a written warning and a time period in which to correct the violation. In these matters, Harvard administrators and faculty have consistently acted on principle and defended the school’s policies through litigation and multiple public statements denouncing the Solomon Amendment.
At this important moment in history, when human rights and basic principles of justice are under increasing attack, Hamline students and faculty deserve more from their administrators than regurgitation of popular media and vacuous arguments pertaining to fiscal responsibility. Based upon previous challenges to the Solomon Amendment, Hamline would not be without recourse should it once again choose to enforce its nondiscrimination policy.
In addition, or alternatively, the university should join the Forum for Academic and Institutional Rights (FAIR). Joining FAIR does not involve financial obligations or responsibilities in litigation, nor does it require the university to change any of its existing policies.
Joining FAIR would, however, send a strong public message of our unwavering adherence to our mission of creating “a diverse and collaborative community of learners” and our core “commitment to making the world a better place.” For in-depth information on FAIR and the Solomon Amendment, and to sign petitions in support of Hamline enforcing its nondiscrimination policy and/or joining FAIR, please visit:
http://www.geocities.com/justiceleagueaction
Colin Schumacher
CLA Senior
Posted by msveum at April 12, 2005 04:06 PM
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