Notre Dame is a private University. If they don't want to allow pro choice recruiters, they don't have to. The govt isn't condintioning aid on ND allowing pro-choice recruiters. If ND was in a poisitiob to accept public money, and that acceptance was conditioned on them allowing a group that espouses pro choice views, then I'd say they'd be in the same position as FAIR. They don't have to accept the group, but then they don't get the money. It's pretty simple.

Right now abortion is legal and the gov't can't do anything about it. let's say that ND was getting federal money and then said that we won't allow federal access anymore because the gov't represents legalized abortion and carries out the death penalty(bnoth of which we're opposed to). do you think they'd be allowed to keep getting the money while not allowing federal access? Of course not. The same rules apply.

Also, you haven't even gotten in to the "raise and support armies" clause which clearly controls this case. Further you haven't answered the question about taxes. Under your theory, someone who opposes DADT could refuse to pay tazes and the gov't couldn't do anything abuot it. Is that what you contend? If not, what's the difference between that situation and this one?