WHEN NAVY JUDGE ADVOCATE GENERAL RECRUITER Brian Whitaker visited Yale Law School in October 2003 to meet with students interested in serving as Navy lawyers, his reaction must have been something like that of the man who was tarred and feathered and ridden out of town on a rail; if it weren’t for the honor of the thing, he’d probably rather have passed on it. Virtually all Yale law students had signed a petition vowing that they would not meet with Whitaker or other JAG recruiters. The petition was publicly displayed inside the law school as part of a protest display that included black and camouflage wall hangings. The one law student scheduled to meet with Whitaker cancelled the interview.

The ostensible cause of the consternation occasioned by Whitaker’s visit was the military’s compliance with the federal “don’t ask/don’t tell” law on homosexual conduct in the armed forces. Law schools across the country have hindered military recruiters from meeting with law students because the military’s adherence to the “don’t ask/don’t tell” law violates nondiscrimination policies enforced by the schools against on-campus recruiters.