The lawyer that represents 31 law schools that have sued the Pentagon states:
If, as the Supreme Court has held, bigots have a First Amendment right to exclude gays, the certainly universities have a First Amendment right to exclude bigots.The third circuit court of appeals in Philadelphia ruled in November that it was "reasonably likely" that the Solomon Amendment violates the First Amendment to the Constitution. Earlier this year, a federal judge in Connecticut ruled that Yale Law School could bar military recruiters.
Oral arguments in the case are planned for the fall; a decision should be reached by mid-2006.
See Financial Times (subscribe/trial), NY Times, Washington Post