For years, academics have been divided over the movement to bar military recruiters from campus as a discriminatory organization. It is clear that the “don’t ask, don’t tell” policy is discriminatory and therefore violates the standard bar on potential employers who engage in discrimination based on race, religion, gender or sexual orientation. However, while I have been a vocal support of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but it represented a type of hypocrisy: we insist that we cannot allow discrimination but, if money is at stake, we will allow it. The only principled decision would have been bar the military regardless of the consequences. For an column on the issue, click here
Now Yale has reached its price. However, one must ask if, considering the outrage in court papers, this is like saying that we will allow racially discriminatory employers on campus if they offer us enough money. For the article, click here.