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Constitutional Law Keyed to Choper
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
Citation:
547 U.S. 47 (2006)Facts
FAIR, an association of law schools and law faculties, opposed the military’s “Don’t Ask, Don’t Tell” policy as discriminatory against homosexuals. Many law schools had policies prohibiting discrimination based on sexual orientation and restricted access to employers who violated these policies. In response, Congress enacted the Solomon Amendment, which denied federal funding to institutions of higher education that prevented military recruiters from gaining access to campuses and students equal to that provided to other employers. Initially, some law schools attempted to comply by allowing military recruiters on undergraduate campuses but not law school campuses. After the September 11, 2001 attacks, the Department of Defense adopted a more stringent interpretation requiring equal access to students. FAIR sued, claiming the Solomon Amendment violated their First Amendment rights to free speech and association by compelling them to accommodate the military’s message.
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