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solomon amendment suit

Student/Faculty Alliance for Military Equality (SAME)

June 2004 - The District of Connecticut issued a partial decision on the Government's motion to dismiss.

Opinion

October 30, 2003 - OutLaws and SAME filed suit in federal court challenging the Defense Department's enforcement of the Solomon Amendment, which forces the law school community to compromise its non-discrimination policies. A press release, legal background information, and the complaint are available here.

Press Release
Legal Background Information
Complaint

CLICK to watch a video recording of the statements by students on behalf of OutLaws and SAME delivered on the steps of the federal courthouse Oct 31, 2003 Video.
[Note: you will need RealOne Player Installed to view this clip.]

January 2004 - The government filed a motion to dismiss our suit.
Motion to Dismiss

February 2004 - OutLaws and SAME filed a response to the government's motion to dismiss. OutLaws/SAME_part I
OutLaws/SAME_part II
OutLaws/SAME_part III

April 2004 - OutLaws and SAME filed a motion for summary judgment.
Motion for SJ
Memo of Law in Support of Motion
Local Rule 56(a)(1) Statement

For more information, please contact Janna Freed (janna.freed@yale.edu) or Fadi Hanna(fadi.hanna@yale.edu).


Walking to the courthouse to file our complaint.

Background: In 2002, for the first time in over twenty years an employer that openly discriminates on the basis of sexual orientation participated in Yale Law School’s employer interview program. Recruiters from the Judge Advocate General Corps (JAG) of the Air Force and Army interviewed students through the school-sponsored program, after the Department of Defense (DOD) threatened to withdraw $350 million from the university. The University has announced plans to challenge the Department of Defense’s actions.

Students and faculty formed the Student/Faculty Alliance for Military Equality (SAME) to respond to the DOD's actions. SAME organized a rally and protest to coincide with JAG recruiters' visit to campus. At the rally, Yale Law School Dean Anthony Kronman spoke of the school's commitment to non-discrimination, and students donned camouflage gags to symbolize the silencing effects of "Don't Ask, Don't Tell" -- the military policy that prevents openly gay, lesbian, and bisexual people from serving.

Yale Law School’s non-discrimination policy prevents any employer that discriminates on grounds including sexual orientation, race, religion, and gender from participating in the school’s interview programs. The military’s “don’t ask, don’t tell” policy, which prevents openly gay, lesbian, and bisexual people from serving in the military violates the law school’s non-discrimination policy. Under a law known as the Solomon Amendment, the Defense Department had informed the law school that unless the school specially exempted the military from this policy, $350 million in federal funds would be withdrawn from Yale University. Most of the funds go toward medical research, including research into cancer and HIV/AIDS prevention.

Students and faculty are working to ensure the University follows through on its promise to challenge the Department of Defense’s interpretation of the Solomon Amendment. To assist in this effort please print out, sign, and mail the attached letter to Yale University President Richard Levin. The letter thanks President Levin for his dedication to upholding the law school’s non-discrimination policy and encourages him to continue challenging the military’s homophobic and discriminatory employment policies. For more information regarding a national coalition of students working to protect law school non-discrimination policies and overturn “don’t ask, don’t tell” see www.resistdiscrimination.net.

For more information on the Association of American Law Schools (AALS) non-discrimination and amelioration requirements see the AALS website at www.aals.org and the AALS Sexual Orientation and Gender Identity Issues Section website at home.pacbell.net/pkykwan/AALS/.

For more information on the Solomon Amendment and additional legal challenges see www.solomonresponse.org.

Letter to President Levin


Fall 2003 Adam Sofen and Rebecca Tinio speak on the steps of the federal courthouse in New Haven to mark the filing of SAME and OutLaws' legal suit.


Gathering after a successful JAG Rally!

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Fall 2002 Protest on the steps of the Yale Law School.

Other Joint SAME/OutLaws events

On February 21, SAME and OutLaws co-sponsored a panel at the Tenth Annual Rebellious Lawyering Conference. The panel, Defending University Non-Discrimination Policies: Litigation Challenging the Solomon Amendment, focused on the Solomon Amendment litigation around the country. The panel featured Professor Robert Burt, lead plaintiff in the Yale faculty suit challenging the Solomon amendment, Professor Stephen Burbank, University of Pennsylvania School of Law, lead plaintiff in the lawsuit brought by U.Penn faculty and students challenging the Solomon Amendment, and Shara Frase, attorney at Heller Ehrman White & McAuliffe, the law firm representing FAIR and SALT in litigation challenging the Solomon Amendment.