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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
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