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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (July 18, 2003)
MV 18. 20Ü3 • jMt Mtl? ^miout Continued from Page 5 transcendent neutral principles—constitu tional debate has become. • Conservatives who agitate for “states’ rights" defend the authority of Texas to criminalize homo sexual conduct but support federal judges who mled against New Jersey when that state sought to prohibit discrimination aimed at gay Scout masters. Likewise, liberals who champion the right of homosexuals to chtxtsc their partners based on sexual orientation w chi Id deny Scouts the freedom to chcxise their leaders on the same basis. The underlying similarity between the claims is made clear in the Scouts’ contention that the New Jersey anti-discrimination law vio lated their constitutional right “to enter into and maintain...intimate or private relation ships.” Their words echoed the gay couple’s statements in Texas. The Supreme Court has rarely applied free dom of assentation in unequivocal terms. In 2000 it ruled that the New Jersey law, which for bade the exclusion of gay Scoutmasters, violated the First Amendment right of “expressive asso ciation" because it would force the organization to send a message that it “accepts homosexual conduct as a legitimate fonn of behavior." Still, the court acknowledged the more fundamental principle that “freedom of association...plainly presupposes a freedom not to associate.” The five most conservative justices, along with conservative groups, backed the Scouts. The four liberal justices just as predictably found New Jersey’s law sufficiently important to over ride the Scouts’ right to expressive association. Their beliefs were backed by liberal and leading gay rights organizations—except one. Gays and Lesbians for Individual Liberty, rep The Questions; College? ROLLOVER? resented by my organization, the Institute for Jus tice, submitted a brief that deplored the Scouts’ discriminatory policies but defended their right to maintain them. The brief argued, “While a creeping infringement of (freedom of association) would harm all Americans, it would particularly threaten the welfare of gay and lesbian Ameri cans, who have historically suffered when gov ernment has not respected citizens’ right to gath er together free from government harassment.” John Lawrence and Tyron Gamer discovered the reality of “government harassment" when Texas police raided their home on other grounds and arrested them for engaging in homosexual conduct. The principle of "expressive associa tion" underlying the Scouts decision provided powerful support for the couple’s case. Interestingly, in the Texas case the sides flip flopped. This time conservative groups wrapped themselves in the government’s power to police morally offensive behavior, which they eschewed in the Scouts case. Liberals now opposed a moral judgment brought about by a democratic process, something they supported in the Scouts case. Justices switched sides as well, jettisoning the principles they applied in the Scouts case to reach a result in the Texas case more congenial to their ideological predilections. The general rule should be that freedom of association prevails and that narrow exceptions can be made only with the most compelling jus tifications. But for such a rule to endure, it must be applied universally, not selectively—to both homosexuals and those who would choose not to associate with them. C lint B olick Institute for Justice Investing. With a plan? 503.238.6036 ext 109 justrnm Now accepting opinions on all topics in "Letters to the Editor" at Realtor Roth IRA? Disability? Financial Services Senior Financial Advisor Remembrances can be made to the Friends of People with AIDS Foundation or Cascade AIDS Project. 40100? WADDELL ¿srREED FLOREID WALKER P Ríífc? The Answers: FLOREID WALKER For a personal financial plan call: ortland resident Joel Norman Jr. died May 24- He was 46. He was bom Feb. 14, 1957, to the late Georgia and Joel Norman Sr. Friends say it was fitting that Norman, who they all considered a “sweet heart,” was bom on Valentine’s Day. He moved from Washington, D.C., to Portland in the late 1980s. He is survived by his sisters, Gladys and Michelle Norman and Lois Wright, other relatives and numerous friends. A memorial service/celebration of life will be held 10 a.m. July 27 at The Grotto, one of Norman’s favorite places in the Northwest. The Rev. Scott P. Killion will offici ate. All are welcome and encouraged to attend. LIFE INSURANCE? QFP? • Joel Norman Jr., 1957-2003 Serving Oregon's Gay, Lesbian, Bi & Trans Communities for 19 Years IRA? Roth 401k? Lonfl ‘Term Care? transitions > FamWy aaslc’ut2?tS B Oreg®0 C°£olcct I 1 .3 4 Sierra Club JI WADDELL & REED SIPC 500 N.E. 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