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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Jan. 12, 2006 / 12 Teves, 5766

Solomon Amendment: Issue of hypocrisy

By Jonathan Turley

Turley
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http://www.JewishWorldReview.com | Following oral argument on Dec. 6, the U.S. Supreme Court is now pondering the wisdom of Solomon.


The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers. Law schools have rallied against the rule for violating their nondiscrimination policies as well as their constitutional rights of speech and association. In the balance are the right of Congress to condition the receipt of federal funds, the right of free speech-and literally billions of dollars that could be lost by schools unable to reconcile anti-discrimination policies with their receipt of federal money.


This case has presented a difficult question for academics who generally support gay rights. Last year, this issue was presented to my law school faculty when we were asked to join the Forum for Academic and Institutional Rights (FAIR) in challenging the rule. Twenty-six law schools have joined the coalition, though many have done so anonymously to avoid any retaliation from the government. As a legal commentator, I have long supported gay rights and opposed the ban on openly gay citizens in the military. Yet I spoke against joining FAIR. Despite my personal respect for academics on the other side of this issue, I continue to believe that schools are not just wrong on the law but hypocritical in their positions in this litigation.


The first problem with this case is the anonymity of many schools. (To its credit, George Washington University Law School joined as a named institution). Basically, these schools are asserting the principle of nondiscrimination while trying to avoid any of the costs of principle. These schools are hiding their identities not only from the government but also from their alumni. It is a disturbing lesson for their students-assuming that their students even know their position.

PRINCIPLE HAS A PRICE
If it is true that military recruiters are engaged in a discriminatory policy, then the schools should bar them from campus. Instead, schools are allowing the interviews to go forward-interviews that they have analogized to the segregationist policies of the Civil Rights period. If the Solomon Amendment is discriminatory, then schools should refuse to cooperate and accept the consequences for such a principled stand. What schools cannot do is to engage in a practice that they consider morally wrong while claiming no moral obligations to stop.


When I raised this issue in the past, I was told that schools could simply not afford such a stance. After all, the University of California alone could lose hundreds of millions of dollars in universitywide grants. Of course, this merely sharpens the age-old test of principle v. price. According to legend, Winston Churchill once asked a socialite if she would sleep with him for 1 million pounds. When she admitted that she would, he offered one pound. "Winston! What sort of woman do you think I am?," the woman objected. He responded, "We have already established what you are, now we are just haggling over price."


Law schools appear to be only haggling over the price of principle. Thus, we have decided to assume the appearance of principle while avoiding its costs.


There is also the question of the propriety of law schools entering this litigation as parties. There are many on faculties and within student bodies who agree with the policy and legal arguments of the military. I do not. However, there was no reason why professors have insisted on schools taking an institutional stand- rather than have professors litigate as individuals. Advocates wanted the imprimatur of law schools to support an otherwise shaky legal argument. Despite the appellate ruling in favor of the schools, Congress is on good legal ground in its position. Allowing military recruiters on campus does not force a law school to endorse the practice. Indeed, the school may warn students that the recruiter is viewed as discriminatory and practice free speech denouncing its presence.


Moreover, the Supreme Court has never held that the military policy on gays is Unconstitutional and has so far refused to give sexual orientation the same protection as race, religion, national origin or even gender. Thus, the military is not engaged in an unconstitutional act.


Finally, the fact that the military is on campus does not force students or a school to associate with anti-gay views-any more than recruiters from anti- abortion or pro-abortion-rights groups are associating their views by their mere presence on campus.


The Supreme Court will most likely uphold the Solomon Amendment. Law schools will then have to face the moral question that they sought to avoid in this case: whether to continue a practice that they consider morally and legal wrong-or just continue to haggle over price.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JWR contributor Jonathan Turley is a law professor at George Washington University. Click here to visit his website. Comment by clicking here.

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