The Solomon Amendment is being argued in the Supreme Court. This law says a school that does not allow military recruiters on campus cannot receive federal funds. Some law schools refuse to admit military recruiters to their campuses on the grounds that the military discriminates against gays. These law schools are challenging the Solomon Amendment on free speech grounds.
But the current policy on gays in the military is a presidential directive handed down by President Clinton. It isn't a military policy; it is a policy of the federal government. Yes, the policy is only applied in the military but it isn't the Pentagon that made the discriminatory policy.
What if there were some corporation that did not discriminate against gays in most of the company, but had a policy that gays could not work in its security branch? Can anyone imagine that the law professors would only ban the company's security services from recruiting on campus?
Clearly this is silly. If a company had a policy that only discriminated against gays in one branch of the company, the law schools would ban the entire company from recruiting on campus --especially if that policy came from the CEO of the company. So on what basis do they ban the military from recruiting on campus, but not other branches of the federal government?
This banning of military recruiters is not really what it claims to be: a response to discrimination. It is in reality a thinly disguised anti-military policy.