Executive Order No. 34, signed by Gov. Pataki on April 9, continues to protect state workers or those applying for state jobs from discrimination based on sexual orientation. The order provides specifically, however, that SUNY campuses shall not bar or restrict the military from access to campus recruitment facilities and services.

In lifting the ban against military recruitment on SUNY campuses, the Executive Order cites the need for the military to be able to recruit "the best and brightest prospects from America's youth." The order goes on to note that in addition to defending and protecting the country, the military serves as one of the nation's leading employers, and "all New York State students deserve an unfettered opportunity to become aware of the extraordinary educational, occupational and career opportunities offered by the military."

Also, the order notes, "the U.S. Department of Defense annually sponsors tens of millions of dollars of research at the State University of New York, and this valuable contribution to New York State's economy is conditioned on allowing military recruiters access to the State University's facilities and services."

The amendment was made as part of an overall review of Executive Orders from previous administrations.

First issued by former Gov. Mario Cuomo in 1983, and amended in 1987, Executive Order No. 28 was construed to deny, on account of federal laws and policies related to sexual orientation, representatives of the U.S. armed forces access to SUNY career development facilities and services. In 1993, the State Supreme Court enjoined SUNY from providing services to any employer that discriminates on the basis of sexual orientation. The court concluded that SUNY, by allowing the military to use recruitment facilities and services on campus, was violating Executive Order No. 28.

As a result, the military was prohibited from using university employment recruitment facilities and services, but still allowed access to other campus facilities, in keeping with policies that allow scheduling the use of facilities by non-commercial organizations. Access also was allowed to student directory information under the Family Educational Rights and Privacy Act.