Students from Lambda, Harvard Law School’s gay rights organization, convened Saturday at the first annual Gay and Lesbian Legal Advocacy conference to map out the course of gay rights activism following the recent Supreme Court ruling upholding the Solomon Amendment.
Whah? The case, FAIR v. Rumsfeld, was not some big setback for gay rights. It wasn’t even a gay rights case at all; it was about whether law schools have the First Amendment right to deny military recruiters equal access to their facilities without losing federal funds. Yes, the reason the law schools wanted to ban military recruiters was because of “don’t ask, don’t tell,” but the case wasn’t about the validity of “don’t ask, don’t tell” itself. The Court ruled, in fact, that the law schools could use their free-speech rights to express their opposition to “don’t ask, don’t tell” as loudly and as often as they wanted.
Anyway, Congress was the body that passed that legislation, not the military, so it was pointless for law schools to try to pressure the military by banning its recruiters.
There, I’ve wanted to get that off my chest for a while.
Yeah, this was really no big deal. Dahlia Lithwick wrote in Slate that the law school coalition that sued had “no case,” and said the big controversy was whether the verdict would be unanimous or 7-1. It was unanimous. When Ginsburg votes against you, you can’t really cry conservative prejudice.