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November 30, 2004


Schools denying defense recruiters over military gay ban must receive funding

A federal appeals court ruled that the Defense Department can not withhold funds from colleges and universities that deny access to military recruiters. The 3rd U.S. Circuit Court of Appeals ruled 2-1 that a federal law known as the Solomon Amendment infringes on the free speech rights of schools that have restricted on-campus recruiting due to the military's ban on gays and lesbians. Ruling in a lawsuit brought by students and professors at New Jersey law schools, the three-judge panel said that by threatening to withdraw federal funds from schools, the government is compelling them to take part in speech they do not agree with.

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