Open Letter to Law School Administrations on the Solomon Amendment We are writing in hopes of opening a discussion concerning the law school’s obligation to foster a community that is free of discrimination and is welcoming to all students. As you are likely aware, the American Association of Law Schools (AALS) in Bylaw 6-4 prohibits discrimination on the basis of sexual orientation. The enforcement of this bylaw is through AALS Regulation 6.19, requiring employers who solicit employees at law schools to, in writing, agree that they will not discriminate on any ground found in Bylaw 6-4. Such forms of discrimination include, race, gender, religion, nationality, and sexual orientation. The U.S. Armed Forces, however, enforce a ban upon homosexual conduct in the military. The policy commonly known as “Don’t Ask, Don’t Tell” applies only to homosexuals. Homosexuals are not permitted to live open lives in the military. Heterosexuals are free to discuss openly their sexual orientation and have no similar rule applicable to them. The “Don’t Ask, Don’t Tell” policy is discriminatory on the basis of sexual orientation, and places the Armed Services, as employers, in violation of AALS Regulation 6.19. The Solomon Amendment, as it applies to law schools, purports to allow the Secretary of Defense to deny federal funding to schools that prohibit Armed Services recruitment on campuses, thus pressuring law schools into noncompliance with AALS Regulation 6.19 and encouraging them to discriminate against LGBT students The AALS Bylaw currently allows law schools to be excused for noncompliance so long as the school fulfills a “duty to ameliorate” the discriminatory practices of the military. The only requirement of that “duty” is to post notice that the military’s policy is inconsistent with that of the law school’s own nondiscrimination policy. The National Lawyers Guild does not believe this is sufficient and urges your administration to take more proactive measures to challenge the Solomon Amendment. Law schools are inherently formative for many people embarking on a legal career. It is during law school that the fundamental values of social justice, equality, and respect should be instilled in the future attorneys, jurists, politicians, and myriad other professionals that our law schools produce. Discrimination is not one of those values. Individuals may express any opinion they wish; but as a profession, we cannot allow this discrimination to go unnoticed and unchallenged. Obtaining equal justice under the law is a constant struggle for racial minorities, women, and members of the lesbian, gay, bisexual, and transgender (LGBT) community, among others. The Academy’s commitment to equality is cheapened when a school’s decision as to whether or not to comply with the requirements of the Solomon Amendment is informed only by considering the money that may be jeopardized by principled action. As a practical matter, schools should look to the possibility of surviving a loss of funding, and determine if that money can be made up through other means, such as LGBT graduates who would give money to the school in support of protesting the Solomon Amendment. More fundamentally, schools must consider the consequences of non-compliance to the principles of non-discrimination and equality. If a decision is made to facilitate discriminatory employment practices, law schools must at minimum take every means necessary to engage in the ameliorative measures that are recommended by the AALS. The Guild would encourage the administration of each law school to be proactive in opening more doors for ameliorative measures such as: Provide students and faculty, particularly activists such as members of the National Lawyers Guild and LGBT student groups, with advance notice of when recruiters will be on campus. Work with those students and faculty to allow them to educate and inform the campus community about the discriminatory policy of the military as well as the school’s policy of non-discrimination. The AALS encourages administrations to provide groups who organize demonstrations with reasonable funding to make the event effective. Encourage administrators to attend events that are offered by student groups dealing with the Solomon Amendment, the “Don’t Ask, Don’t Tell” policy, and other LGBT issues. Show your support for the diversity that members of the LGBT community have to offer. Take efforts to help LGBT students find lawyers in the community who are also lesbian, gay, bisexual, or transgender. Encourage faculty members to get involved. Encourage them to support LGBT student groups. Offer courses dealing with sexual orientation and the law, or seminars affecting homosexuals, such as the issue of same-sex marriage. These steps, and others, can promote an environment of safety and comfort for LGBT students and faculty. Such an environment is necessary to those who are often berated, chastised, even beaten, for who they are. Law school diversity initiatives purport to include LGBT students and faculty, but the environment is often not seen as so, when students feel there is no one else around with whom they can be themselves, and with whom to discuss their unique situations. We look forward to hearing your views concerning the law school’s role in discouraging access to employers who discriminate against LGBT people, and what measures you believe are appropriate at this time. If there is a National Lawyers Guild chapter at your school, we would encourage you to meet with them concerning these issues. Sincerely, Michael Avery, Associate Prof. Suffolk Law School President National Lawyers Guild Zachary Wolfe, Esq. Chair National Lawyers Guild Lesbian, Gay, Bisexual & Transgender Committee Barrett King Student Subcommittee National Lawyers Guild Lesbian, Gay, Bisexual & Transgender Committee Law students are invited to use this letter in discussions with their law school administrations regarding the Solomon Amendment. Please contact studentorg@nlg.org for more information.