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Law schools battle U.S. in High Court argument over military recruiters.

Publication: Trial
Publication Date: 01-FEB-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Law schools that refuse to assist military recruiters based on antidiscrimination principles say they should not be denied federal funding under the so-called Solomon Amendment for doing so. The Supreme Court recently heard oral argument on whether the statute unconstitutionally conditions funds on schools' waiving their First Amendment rights. (Rumsfeld v. Forum for Academic & Institutional Rights, No. 04-1152 (U.S. argued Dec. 6, 2005).)

The Forum for Academic and Institutional Rights (FAIR), a coalition of 36 law schools, filed suit to challenge the Solomon Amendment in 2003. The Third Circuit ruled in favor of FAIR the next year, reversing a lower court's decision. (Allison Torres Burtka, Law Schools May Refuse Military Recruiters and Keep Federal Funds, TRIAL, Feb. 2005, at 70.)

Most law schools have long-held policies against assisting discriminatory employers, including the military because of its refusal to enlist openly gay men and women. Most...

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