Monday, May 10, 2010

Elana Kagan is a Whore, or Don't-Ask-Don't-Tell

Yes, I know she briefly reversed herself in the spring of 2005. However, if one believes a policy to be discriminatory, and one is opposed by oath or association to discrimination, one must uphold one's own position. Elena Kagan took the money.

Harvard, and Harvard Law, are not required to take federal funds. At the time of Kagan's tenure, Harvard received "about 16% of its operating budget from the federal government." Here she is in an e-mail explaining why she bent over:
The Dean determined, as did all his counterparts at other law schools, that he should make an exception to the School's anti-discrimination policy in the face of this threat to the University's funding. I left this exception in force this year, once again because of the enormous adverse impact a prohibition of military recruitment would have on the research and educational missions of other parts of the University.

This action causes me deep distress, as I know it does a great many others. I abhor the military's discriminatory recruitment policy. The importance of the military to our society -- and the extraordinary service that members of the military provide to all the rest of us -- makes this discrimination more, not less, repugnant. The military's policy deprives many men and women of courage and character from having the opportunity to serve their country in the greatest way possible. This is a profound wrong -- a moral injustice of the first order. And it is a wrong that tears at the fabric of our own community, because some of our members cannot, while others can, devote their professional careers to their country.

The Law School remains committed to the principle of equal opportunity for all persons, without discrimination on the basis of sexual orientation. As a result, the Law School remains opposed to the military's discriminatory employment practices. No one should understand the presence of the military on campus as reflecting any change in the strength of this opposition.


The military, as taught in basic, is not Burger King. They have it their way, or you are out. That is the sacrifice of joining.

When I was in the army, I was not allowed to grow my hair out, smoke pot, and sleep until 10am. Nor was I allowed to show up at formation in nothing but helmet, LBE, and a light coating of break-free. I - like everyone else - had to do what I was told, when I was told.

Most of the service members I have met would not care if a fellow service member happened to be homosexual. I have served with homosexuals. They are not bad people, nor are they "icky." The military wants to be left alone to do its job of killing people and breaking things in the defense of the United States. The social engineers should limit their scope to the (mis)education of their students.

If accepting military recruiters on campus is a condition of accepting federal funding, so be it. Should these terms so offend the moral position of a school's administration, federal funds should be rejected. There are good schools which do not accept federal funds.

If a 16% budget cut would sink Harvard, perhaps the administration should consider why this is so, and quit complaining that their only choice is to spit or swallow.

Considering Kagan was confirmed to be Solicitor General, I would bet the Supreme Court will not be a difficult follow-up. The timing of the announcement of her nomination looks like Obama expects a quickie before the July 4th recess.

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