Muted Criticism

Contrary to expectations Harvard University President Drew Faust did not use the occasion of the university's ROTC commissioning ceremony to criticize the Congressional “Don’t Ask, Don’t Tell” law, which bars openly lesbian, gay and bisexual Americans from military service.

According to the Harvard Crimson, U.S. News & World Report, and others, Faust's speech made only the slightest allusion to the controversy surrounding the ban. "I wish that there were more of you," Faust told the five cadets and about 100 spectators. "I believe that every Harvard student should have the opportunity to serve in the military, as you do, and as those honored in the past have done."

Faust’s speech came as a surprise to many students who believed the university president would use the occasion to condemn the Congressional law and call for more inclusive policies towards lesbians, gays and bisexuals. Her sharp criticism of the ban in the past has drawn considerable fire, including an op-ed column last month in the Wall Street Journal.

A group of Harvard students recently made national headlines by staging protests at armed forces recruitment centers in Maine, Connecticut, and New York highlighting the need for repeal of the law.

-Victor Maldonado

Hecht on Yale

As Congressional debate on the Employment Non-Discrimination Act (ENDA) heats up, and as support continues to mount for the repeal of “Don’t Ask, Don’t Tell,” the fight against blatant employment discrimination in the LGBT community took another blow last week. The 2nd U.S. Circuit Court of Appeals ruled against Yale University, rejecting its argument that the Solomon Amendment infringes on its right to academic freedom, because it requires universities to give the military the same access as other job recruiters or forfeit federal money.

The ruling by the court in the Yale Law School case follows the US Supreme Court ruling in Fair v. Rumsfeld, effectively requiring academic institutions to compromise their own non-discrimination policies or risk jeopardizing millions of dollars. In Yale’s case, rather than lose $300 million in federal funds each year, the school will now allow military recruiters access to its campus. Harold Koh, Dean of Yale Law School, has, however, pledged to “ameliorate the impact” of this decision and of the discriminatory hiring practices of the US military.

SLDN has always been in favor of the US military having access to the best and brightest this country has to offer. And while the Courts have determined that the Solomon Amendment is Constitutional, it is simply bad policy. It forces academic institutions to compromise their own non-discrimination policies, effectively harming the students whom they serve. The bright side to this madness is that this latest decision has again rallied students to advocate on behalf of repealing “Don’t Ask, Don’t Tell.” Like Yale, schools all over the country participate in amelioration by funding student participation in various activities – conferences, guest speakers, advocacy programs and other events – to counter-balance the impact of the military’s direct and unabashed discrimination. Students are one of the most valuable assets in the fight for repeal. Your representatives in Washington WANT to hear from you. And when you speak, they listen.

“Don’t Ask, Don’t Tell” is currently the only federal law requiring someone to be fired simply because of their sexual orientation, and only 20 states and the District of Columbia have employment non-discrimination statutes on their books specifically prohibiting workers from being fired simply for being gay. The fact that we are almost in 2008 and are still trying to convince those in Congress that sexual orientation has nothing to do with how one performs at work, is a sad state of affairs. Hopefully with this recent defeat in the courts and with the debate in Congress over ENDA heating up, we will have the opportunity to educate some of those who still just don’t get it.

-Emily Hecht