rTiTüíTl news
his ruling, which upheld a 1996 decision by the j
Bolstered by the A C LU of Oregon, Portland
city’s Commission on Human Relations.
resident Nancy Powell, an atheist, filed the suit
Meanwhile, in Rhode Island a local chapter
against Portland Public Schools and the Oregon
of the Boy Scouts of America acknowledged
Department of Education after her son encoun
The organization is being whacked over its exclusion
that a Scout can remain a Scout even if he’s gay,
tered Boy Scouts recruiters in his elementary
as long as he isn’t open about it.
school
during school hours.
of gay and nonreligious people by Inga Sorensen
According to an Aug. 12 Associated Press
In addition to blocking gay people from the
report, the Narragansett Council of the Scouts
group, the Boy Scouts also excludes boys and
“
think its only a matter of time before the
press statement. “The court did the right thing
issued a written statement reaffirming the
adult leaders who are agnostic or atheist.
court of law or court of public opinion
in denying the Scouts’ claim that the First
Scouts’ position that being gay is “inconsistent”
Powell isn’t seeking monetary damages hut
prompts the Boy Scouts to change their
Amendment gives them the right to discrimi
with the group’s oath. (All Scouts must take an
she does want the district to stop allowing the
policy,” says Dave Fidanque of the Amer-
nate. People have the
oath in which they vow to
Boy Scouts to recruit during school hours.
«J*L ican Civil Liberties Union of Oregon,
right to believe what they
be “morally straight” and
The Portland school board chose not to set
referring to the Boy Scouts of America’s ban on
want, but that is no more a
“clean in thought, word
tle the case and has spent tens of thousands of
gay members.
justification for discrimi
and deed.”)
dollars fighting Powell’s lawsuit.
On Aug. 4, the New Jersey Supreme Court
nation now than it was in
The statement suggest
Not all the school board members were
unanimously ruled that the organizations prac
the South 40 years ago.”
ed, however, that “Scouts
pleased with that decision, however. In a March
tice of excluding or dismissing a member solely
Says Matthew Coles,
who are covertly gay
30 Oregonian article, former school board mem
on the basis of sexual orientation is illegal under
director of the A C L U ’s
won’t be pushed out, by
ber Joseph Tam, himself a former Boy Scout,
the state’s anti-discrimination law.
National Lesbian and Gay
specifying that the organi
said: “We should not be allowing a religious
The court ruled that because Boy Scouts of
Rights Project: “Govern
zation ‘does not accept
"The mere sexual orientation
organization to come during school hours. The
America troops are “places of public accommo
ments and local charities
o f an employee is not related those who openly self- Boy Scouts do a lot of good things, and I have
dation" that “emphasize open membership,” the
have been increasingly
identify as homosexuals,’ ” no problem with them coming to the school
to
any
nondiscriminatory
basis
association must adhere to New Jerseys anti-
unwilling to fund and
the AP says.
after school hours. But, frankly, there are a lot of
discrimination law and cannot deny any person
sponsor Scout programs
groups who do good things who should not be
for denying opportunities
“accommodations, advantages, facilities and
because the Scouts insist
hough the New Jer
given a captive audience during school hours
for
employment."
privileges” because of sexual orientation.
on discriminating. This
sey ruling has no
because of the separation of church and state.”
The ruling upholds a March 1998 state
decision is bound to accel
direct impact in Oregon, The Portland school board has barred mili
— Judge Stephen Schiller
appeals court decision that prohibited the Boy
erate the trend against
the Boy Scouts here are
tary recruiters from district campuses because of
Scouts from banning gay members. T he case was
anti-gay policies.”
feeling the heat as well.
military’s prohibition of openly gay and lesbian
prompted by an incident in 1990 involving New
Indeed. Exactly one week after the New Jer
A ruling is expected any day now from Mult
service members.
Jersey resident James Dale, an assistant Scout
sey decision, a Chicago judge ordered the Boy
nomah County Circuit Judge Joseph F.
Portland attorney and school board member
master who was removed from the Boy Scouts
Scouts to stop barring gay applicants in hiring
Ceniceros, who is considering whether Portland
Marc Abrams, a staunch backer of the military
when his superiors found out he is gay.
decisions, saying the policy amounts to illegal
Public Schools violated the church-state separa
recruiting ban, declined to comment too much
“This decision debunks the notion that just
discrimination.
tion required by the Oregon Constitution when
about the case, simply saying he was awaiting
because someone is gay [it] means he or she is
“The mere sexual orientation of an employ
educators allowed the Boy Scouts to recruit dur
Ceniceros’ decision.
unfit to serve in the Boy Scouts, or any other
e e ... is not related to any nondiscriminatory
ing school hours.
“We could use some guidance here,” he tells
civic group for that matter,” Lenora Lapidus,
basis for denying opportunities for employ
Ceniceros has said he would rule before Just Out.
A C LU of New Jersey’s legal director, said via a
ment,” Circuit Judge Stephen A. Schiller said in
school begins this fall.
B oy S couts B rouhaha
...
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