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Article Excerpt
Law schools cannot be denied federal funds lot refusing to accommodate military recruiters, the Third Circuit has ruled. The court concluded, 2-1, that the Solomon Amendment--which Congress enacted in 1995 in response to some universities' refusal to provide access and assistance to recruiters--"violates the First Amendment by impeding the law schools" fights of expressive association and by compelling them to assist in the expressive act of recruiting." (Forum for Academic and Institutional Rights v. Rumsfeld, 390 F.3d 219 (3d Cir. 2004).)
Most law schools have a nondiscrimination policy that extends to employers recruiting on campus. Because of the U.S. military's policy of excluding gays and lesbians from the services, many law school faculty and administrators believe that accommodating military recruiters violates the schools' nondiscrimination principles.
In 2003, the Forum for Academic and Institutional Rights (FMR), an association of law schools and faculty, sued the Department of Defense (DOD) and other...
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