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FAIR v. Rumsfeld

On March 6, 2006, the U.S. Supreme Court upheld the constitutionality of the Solomon Amendment in FAIR v. Rumsfeld, a case brought by the Forum for Academic and Institutional Rights (FAIR), the Society for American Law Teachers (SALT), and several individual plaintiffs. The members of FAIR are law schools and faculties who practice their message of justice and equality by refusing to facilitate employment discrimination against their students, including their students who are LGBT. FAIR contended that the Solomon Amendment violates the First Amendment rights of its members by conditioning federal funds to universities on its members' affirmative support of military recruitment on campus – recruitment that blatantly excludes openly gay, lesbian and bisexual law students. The Supreme Court decided that law schools' and law faculties' First Amendment free speech rights were not violated by the Solomon Amendment because law schools and faculties remain free to voice their opposition to the military's discriminatory "Don't Ask, Don't Tell" policy.

Case Documents
Litigation Summary
FAIR’s Claims – A Summary
Questions & Answers from FAIR’s counsel at Heller Ehrman LLP
Join FAIR
New York Times Editorial Supporting FAIR
Boston Globe editorial supporting FAIR
Information for Reporters
Audio from Supreme Court Oral Arguments

Timeline of developments in FAIR et al. v. Rumsfeld
November 29, 2004 Third Circuit Court of Appeals finds Solomon Amendment unconstitutional under the First Amendment and orders the District Court to enjoin the law.
January 20, 2005 Third Circuit stays its ruling pending decision of United States Supreme Court to grant certiorari and reconsider the Third Circuit’s judgment of November 29, 2004.
February 8, 2005 Third Circuit Denies FAIR’s motion for reconsideration of stay issued on January 20.
February 28, 2005 U.S. Government petitions the U.S. Supreme Court for writ of certiorari.
May 2, 2005 Supreme Court grants cert in FAIR v. Rumsfeld.
July 18, 2005 Government's brief due.
September 21, 2005 FAIR's brief due.
December 6, 2005 Oral argument in Supreme Court.
March 6, 2006 Supreme Court reverses the Third Circuit and upholds constitutionality of the Solomon Amendment.