An interesting turnabout.

The Third Circuit takes the Boy Scouts case, in which the Supreme Court found a first amendment right to exclude a gay scoutleader, and uses it as a basis to say that universities have a right to express their opposition to discrimination against gays by excluding the U.S. military recruiters on campus.

A three-judge panel of the United States Court of Appeals for the Third Circuit, in Philadelphia, found that educational institutions have a First Amendment right to keep military recruiters off campuses to protest the Defense Department policy of excluding gays from the military.



The 2-to-1 decision relied in large part on a decision in 2000 by the United States Supreme Court to allow the Boy Scouts to exclude gay scoutmasters. Just as the Scouts have a First Amendment right to bar gays, the appeals court said, law schools may prohibit groups that they consider discriminatory....



"Just as the Boy Scouts believed that homosexual conduct is inconsistent with the Scout Oath," Judge Ambro wrote, "the law schools believe that employment discrimination is inconsistent with their commitment to fairness and justice."