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Burbank v. Rumsfeld, 2004 U.S. Dist. LEXIS 17509 (E.D. Pa. 2004)

The University of Pennsylvania  Law School promulgated an anti-discrimination policy that limited its services to employers who did not discriminate based on sexual orientation. After the Air Force stated that the policy did not comply with the Solomon Amendment and threatened the school's federal funding, the school decided not to enforce the policy against military recruiters. The court held that the law school had standing to assert violations of the First Amendment rights.

Pending before the District Court for the Eastern District of Pennsylvania. The court recently issued an order staying the case until the Supreme Court decides what action to take on the FAIR case. Read the AAUP's amicus brief (pdf).

Amicus Brief Topics: