by Felicia Fonseca
Daily Lobo
Despite the U.S. military's openly anti-gay policies it is allowed to actively recruit on college campuses across the country, including UNM.
The Department of Defense's "Don't Ask, Don't Tell" policy authorizes the termination of servicemen and women based solely on their sexual preference.
In recent years the U.S. government has eased its restrictions against homosexuals, and stated that they are allowed to serve in the military as long as their sexuality is not made open either by declaring it through statements or participating in homosexual activity, according to the DOD's Web site.
Some people find this to conflict with UNM's anti-discrimination policy, as well as that of the UNM School of Law, which strives to provide equal access to education and employment regardless of sexual orientation.
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Hilary Noskin, president of Older and/or Wiser Law Students, said she greatly respects the military but thinks anything that promotes discrimination is wrong.
"I think the law school is addressing the problem and doing a good job," Noskin said.
After numerous universities began suing the U.S. military, saying they believed the government was bullying itself onto college campuses, the government enacted the Solomon Amendment in 1996, threatening the federal funding of school's that interfere with military recruiting.
The amendment says that if a school denies access to military recruiters, federal funding on a universitywide basis is jeopardized and subject to termination. This funding goes to support research, grants and some forms of financial aid at UNM, said Suellyn Scarnecchia, dean of UNM's School of Law.
"It is a difficult issue for law schools because we have anti-discrimination policies," she said.
A group of military lawyers, known as judge advocate generals, visit the UNM School of Law at least once a year to recruit students primarily for positions as military lawyers. These lawyers represent the Army, Navy and the Air Force.
Although nothing can be done to prevent their arrival, the Association of American Law Schools, of which UNM is a member, requires law schools to take more preferable measures.
"Basically it is making the issue less bad," Scarnecchia said.
Last semester, Scarnecchia sent out letters to all law students informing them that the military does discriminate based on sexual preference. She sponsored an open forum earlier this semester that allowed students to talk about ameliorative measures and conflicting views between the and the law school's policies on discrimination.
"I think it puts a lot of students at ease rather than knowing nothing at all," said second-year law student Felicia Castillo. "I do see the practicality because of losing funding, but it is still a little unsettling for me."
Forum for Academic and Institutitional Rights, a national group that opposed the military recruiting on college campuses, has also filed challenges to the Solomon Amendment. According to its Web site, the group has been seeking injunctions that would bar the government from withholding funds for the refusal to allow military recruitment on campuses.
The preliminary injunction was rejected in U.S. District Court earlier this year, giving little support to assertions the amendment violates First Amendment Rights, an opinion many at UNM agree with.
The group plans to appeal the denial.
Although Scarnecchia said her students have not directly talked to her about the issue and are not part of any lawsuit, she knows many of them care a lot about it.
"It puts our students in a situation to understand when a policy is wrong," Scarnecchia said.
