A handful of Duke Law School students circulated a petition earlier this week to raise awareness about a law that forces universities to allow military recruiters on their campuses who may exhibit discriminatory behavior.
The students who drafted the petition are members of OUTLaw, a group advocating discussion and raising consciousness about legal issues involving sexual orientation. They presented the petition to Captain Susan Kim Tuesday as she interviewed about 18 law students for positions as Judicial Advocate Generals, who would represent the U.S. military in legal matters upon being hired.
But students who are openly gay cannot apply for these posts due to the military’s controversial “don’t ask, don’t tell” policy. This actively opposes the non-discriminatory stance that universities are committed to upholding.
“The psychological ramifications of the military’s discrimination cancel out efforts to create equity,” said law student Jeffrey Pilipink, who worked on the petition.
Law students said JAG recruiters pay universities amelioration funds that are directed towards assisting openly gay students during their own interviewing efforts.
Teresa Sakash, a Duke law student at the forefront of the petitioning efforts, pointed out that enforcement of the problematic law affects not just openly gay students, but the entire student population. The law—known as the Solomon Amendment and enacted by Congress in 1995 before being struck down by a federal appeals court in November—could potentially restrict funding for universities from the federal government.
Two weeks ago Yale Law School announced it would deny JAG recruiting after a court decision prompted Harvard’s law school to do the same.
Students said they are upset Duke has not followed Harvard and Yale’s lead and said the Duke community has taken comparatively little action against the act. They said students and professors alike seem either unaware or apathetic about the act.
“Until public opinion reveals a stance on this issue and discrimination in general, no change should be expected,” Pilipink said.
Some people on the Duke Law faculty said they disagree. Jim Coleman, senior associate dean for Academic Affairs at Duke Law, said faculty involvement has been strong and included at least one plaintiff with the lawsuit that declared Solomon unconstitutional in November.
But last month the Department of Defense announced plans to appeal that decision, and the case will be presented to the Supreme Court by the end of this month, with a decisive ruling expected in March.
“Here at Duke, ultimately the [Supreme Court’s] decision is going to be the bottom line, but awareness is definitely an important factor,” Coleman said.
OUTLaw petitioners said they plan to send the petition in the upcoming weeks to Congress and to President George W. Bush.
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