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Constitutional Law Keyed to Farber
Rumsfeld v. Forum for Academic and Institutional Rights (FAIR)
Citation:547 U.S. 47 (2006)
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FAIR was an association of law schools and law faculties. Its members opposed discrimination based on sexual orientation. At the time, the military followed a “don’t ask, don’t tell” policy toward homosexuality. The law schools had rules that prohibited use of their recruiting facilities by employers who engaged in such discrimination. Under these rules, the military’s anti-gay policies would disqualify it from recruiting on campus. A federal statute, the Solomon Amendment, cuts off federal funding to universities that deny military recruiters access equal to that provided other recruiters.
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