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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (July 7, 2000)
juiy-7, ?mn BSA G ay B an U pheld Supreme Court says Boy Scouts of America can exclude gay men from trOOp leadership positions by Jo n a th a n Kipp R eversing a New Jersey Supreme ship according to whatever criteria it chooses. Court decision about a gay scout The freedom of association is a very important master, the U.S. Supreme Court right, Hinkle believes. He says the key to this voted 5-4 in support of the Boy freedom, however, is keeping the organization Scouts of America’s unwritten pol private by not accepting, directly or indirectly, icy banning homosexuals from the organization. any public funding or support. The court’s June 28 ruling emphasizes BSA’s The Rotary Club and the Junior Chamber of First Amendment right of “expressive associa Commerce ( a k a Jaycees), both ostensibly pri tion.” The ruling does not address gay Scouts vate organizations, were required by the specifically, only setting a precedent for Scout Supreme Court to admit women. Hinkle leaders, hut some believe enough rixim remains believes the Boy Scouts o f America vs. Dale deci in the court’s interpretation to justify the ouster sion is inconsistent with these prior rulings and of Scouts who are identified as gay. that the court’s opinion was the product of BSA asserts that homosexual conduct is “homophobic bigotry.” The message, he says, is inconsistent with the values embodied in the that discrimination against persons because of Scout oath and law, sexual orientation is particularly with the more acceptable than is values represented by discrimination based on the terms “morally race or gender. straight" and “clean,” Robert Hansen, a C hief Justice Rehnquist te le co m m u n ic a tio n s acknowledged in his budget analyst and for opinion. mer Scout, says the James Dale, an Eagle decision may be a good Scout and New Jersey one since it affirms the scoutmaster, was dis right of a group to freely missed from the BSA associate with like- when organizers found minded people. Fur out he is gay. It was thermore, the decision Dale’s case that the may help to place a Supreme Court was re spotlight on the BSA viewing when it con and reveal what the cluded that it is within group really stands for, the organization’s rights he says, adding that he to discriminate based hopes the organization on sexual orientation. will no longer receive “It was an amazing any public support. sweep based on very lit Mary Kate Cullen, tle evidence,” says Port director of public policy land attorney and for at the Gay, Lesbian and mer Scout Lake Per- Straight Education Network, doesn’t agree riguey, who believes with the decision. “We this decision is the first are deeply disappointed time the Supreme with a decision that Court has allowed a sends the message that group “to trump anti- gay youth are second- discrimination laws James Dale of N ew Jersey class citizens,” she simply by putting forth wrote in a press release. a reason.” The case was one of the most-watched dur Says Portland resident Edward Segel: “I won ing a contentious year for the Supreme Court der if this decision may serve as a blessing in dis because of “its resonance with Main Street guise for the gay rights movement” by demon U S A ,” according to the Lambda Legal Defense strating the continuing existence of discrimina and Education Fund. The group says 37 amicus tion against the gay community. briefs were filed in the case, one of the largest W hile gay- and civil-rights activists and numbers in Supreme Court history. organizations expressed disappointment over In Oregon, while local scouting officials may the ruling, at least one gay organization was be celebrating the decision, not everyone sees pleased with the decision. the logic. Gays and Lesbians for Individual Liberty, “Sexual orientation is no better an indicator working to advance the ideas of economic jus of a Scout leader’s quality than is the color of his tice, personal freedom and individual responsi skin, his ethnic origin or his religion,” a June 30 bility, contends that the ruling is a “victory for Oregonian editorial said. the rights of gay men and lesbians.” W hile the Kevin Ward moved up through the ranks of group doesn’t support BSA ’s discriminatory the Boy Scouts, eventually becoming an Eagle practices that prohibit gay men, GLIL leaders Scout and holding other leadership positions. believe the ruling actually will help protect gay He was angered when he heard the decision. men and lesbians in the long run. “W hen I heard the ruling, I was sorely tempt "W e benefit when freedom of speech and ed to tear my Eagle Scout card in half and send freedom of association are vigorously protected,” it back to B SA ,” Ward told Just Out. says GLIL’s Richard Sincere. “Gay men and les But Ward thought about it and decided it bians have suffered when freedom of association would be better to be visible as a gay Eagle Scout has not be respected.” than to be invisible because of his anger. Charles Hinkle, a well-known Portland “I’m keeping it,” Ward said about his award. attorney, partially agrees with the high court. He "It’s the only proof that I have that I excelled in says that the BSA, as a purely private organiza that organization.” tion, should have the right to limit its member- j r t M i | 15 Put Your Career Get the representation you deserve is* Web Programmers : Cleanroom/Fab Operators • High Tech Sales/Management Professionals • Executive Assistants • Entry-level Production, Clerical, and Customer Service 5 0 3 /2 2 3 .0 5 8 5 Phone Fax 503/478.1981 Justwork@cdrstaffing.com PROFESSIONAL & TECHNICAL STAFFING • KEY PLAYER REC A smart financial plan begins with just 7 numbers: 238-6036 Eric Brown District Manager 500 NE Multnomah Portland, OR 97232 503/238-6036 WADDELL ScREED The people with a plan fo r you. How often does that happen? 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