March 30, 2005
In what may become a historic step in the anti-war effort, as well as the LGBT movement, the Associated Students of the University of California at UC Berkeley have unanimously passed a resolution denying military recruiters use of facilities and assets because of the military's discriminatory “Don’t Ask, Don’t Tell” policy.
Student bill 20107, states that "the presence of military recruiters on campus violates the University of California’s own nondiscriminatory policy" and "calls on Chancellor Birgeneau, the UC-Berkeley administration, and the UC Regents to take measures to bar military recruiters from UC-Berkeley and throughout the UC system."
The resolution goes on to state that the ASUC shall deny the use of ASUC facilities and assets to military recruiters and calls on the U.S. military to immediately revoke its discriminatory “Don’t Ask, Don’t Tell” policy.
Much of the success of this resolution can be attributed to the November 2004 FAIR v. Rumsfeld ruling by the Third Circuit U.S. Court of Appeals. The ruling states that universities may bar military recruiters from their campuses without risking the loss of federal money, which had been a major deterrent in anti-recruitment efforts.
In addition, the student senate passed a resolution calling for the withdrawal of troops from Iraq.
FULL TEXT OF RESOLUTION:
Respectfully submitted to the Senate of the Associated Students of the University of California Spring 2005
in Support of Removing Military Recruiters from UC Berkeley
Authored and Sponsored by Senator Yvette Felarca
Whereas: The U.S. military discriminates against LGBTQ (lesbian, gay, bisexual, transgender, and queer) people. Its policy of “Don’t Ask, Don’t Tell” forbids LGBTQ people from openly joining the armed forces and requires those who join to stay in the closet. Since 1993, more than 10,000 people have been fired as a result of the “Don’t Ask, Don’t Tell” policy.
Whereas: The U.S. military has had recruitment tables at UC-Berkeley-sponsored events. Yet the presence of military recruiters on campus violates the University of California’s own nondiscriminatory policy, which states: “The University of California, in accordance with applicable federal and state law and University policy, prohibits discrimination, including harassment, on the basis of race, color, national origin, religion, sex, disability, age, medical condition (cancer-related), ancestry, marital status, citizenship, sexual orientation, or status as a Vietnam-era veteran or special disabled veteran. This nondiscrimination policy covers admission, access, and treatment in University programs and activities.” [emphasis added]
Whereas: On November 29, 2004, the Third Circuit U.S. Court of Appeals ruled in FAIR v. Rumsfeld that universities may bar military recruiters from their campuses without risking the loss of federal money.
Whereas: LGBTQ students on campus already face anti-gay harassment and violent attacks. On February 25, a man posted a sign on UC-Berkeley’s LGBTQ-themed co-op that had a picture of a crucifix and said “We hate fags, burn in hell,” then punched and kicked one of the members of the house. The presence of military recruiters with their anti-LGBTQ policies increases the hostile environment on campus against LGBTQ people.
Whereas: The University of California has a responsibility to protect its students from discrimination.
Whereas: Banning military recruiters from UC-Berkeley for their anti-gay policies would send a strong, clear message to LGBTQ students and their supporters that UC-Berkeley is committed to fostering a campus environment which supports diversity and the equal treatment of all students.
THEREFORE LET IT BE RESOLVED THAT:
The ASUC calls on Chancellor Birgeneau, the UC-Berkeley administration, and the UC Regents to take measures to bar military recruiters from UC-Berkeley and throughout the UC system, taking into account the federal appeals court ruling in FAIR v. Rumsfeld. These measures should include public statements, legal action, and an immediate ban.
The ASUC shall deny the use of ASUC facilities and assets to military recruiters.
The ASUC condemns in the strongest possible terms discrimination and attacks against LGBTQ people of any kind.
The ASUC calls on the U.S. military to immediately revoke its discriminatory “Don’t Ask, Don’t Tell” policy.