Congressional Digest

Supreme Court Debates February 2006 No. 2 Vol. 9
Challenging the Sullivan Amendment

On-Campus Military Recruiting

Congress Challenges Law School Antidiscrimination Policies

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Challenging the Sullivan Amendment

Law Schools Take the U.S. Government to Court

Today, virtually all law schools have a formal nondiscrimination policy that prevents employers from obtaining access to a school’s career service facilities if the employer discriminates on the basis of race, gender, religion, or sexual orientation. More than a decade ago, some law schools, citing their nondiscrimination policies, began refusing access and assistance to military recruiters based on the military’s "don’t ask, don’t tell" policy, which excludes from the military those who engage in homosexual acts or say they are homosexual. In 1994, in response to law schools’ refusal of military recruiters, Congress passed an amendment to the annual defense…

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