One might wonder -- as I do -- why our nation's highest court had to be asked anything so obvious as, "Are military recruiters entitled to reach U.S. college students on the same terms as nonmilitary recruiters?" What seems obvious to Main Street Americans isn't, alas, obvious to their intellectual establishment. A fair reading of FAIR's argument is that the military's needs don't rise to the level of gay law students' imputed need for affirmation by their military protectors -- according to the Constitution!
Where this stuff comes from is a matter of conjecture. A strong, indeed, I think, decisive inference, is that our academic community has yet to recover from the Sixties -- probably because many of those who were the Sixties now preen in top academic offices, imposing on the younger generation the ideas they sought, 40 years ago, to impose on the older generation.
It helps to recall what the Harvard faculty did to its president, Larry Summers, for wondering -- in the course of wondering about the paucity of women scientists -- whether women's minds are formed for science in the same way that men's minds are formed for it. Does anyone know the answer to that one? I think not. What brought the roof crashing down on Summers' head and contributed to his eventual demise as president, was his implication that the question of sex differences might be worth discussing. Egad! You might have thought he had proposed a School of Creationism Studies, with Pat Robertson as dean.
Perhaps a few thousand retirements, or funerals, will take care of this particular problem eventually. And perhaps not. It's reassuring meanwhile, as per the Rumsfeld decision, to learn that academics can push illogic only so far, with any expectation of prevailing. You kind of take what you can get these days, don't you?