The United States Supreme Court has agreed to hear a case to determine if Congress can withhold financial support from universities who restrict military recruiters on campus. Many schools have banned recruiters to show support for gay rights and in protest of the military's 'don't ask, don't tell' policy on homosexuals.

The Bush Administration appealed the case to the Supreme Court after the Court of Appeals for the Third Circuit ruled in favor of the schools. The court ruled that the Solomon Amendment required law schools to 'propagate, accommodate and subsidize the military's expressive message' of disapproval of homosexuality in violation of school policies of nondiscrimination and probably in violation of the school's First Amendment rights as well.

The Third Circuit reached a 2-1 decision which said, 'Just as the Boy Scouts endeavored to inculcate youth with the Boy Scouts' values both expressively and by example, the law schools endeavor to inculcate their students with their chosen values by expression and example in the promulgation and enforcement of their nondiscrimination policies.'

Lawyers for the Bush Administration have argued that the Solomon Amendment does not compel the schools to do or say anything. The schools are 'free to make appropriate disclaimers or to express its disagreement' with the military's policy according to the administration. In addition, lawyers for the administration argue that the schools are not obligated to accept federal funding.

The First Circuit also ruled in favor of Yale University Law School in a similar case. It called the Solomon Amendment unconstitutional and said it could not be enforced at Yale. That petition has not yet been accepted by the U.S. Supreme Court.

The case will be heard by the Supreme Court during its next session.