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. Multnomah, Suite 278, Portland, OR 97232
wviw.waddellcom
email: floreidwalker@wradvisors.com
Mention this ad and get a 10% discount.
“SAME DAY SERVICE ON MOST REPAIRS”
Repairs of All Makes & Models
American • European • Import*
Car* • TTuck* • RV*
We Fix It Right the First Time
From Oil Changes to Overhaul.
Fred s Auto Works Does It All
Close to Downtown «Free Local Rides
All Makes & Models
"Fred's Auto Works...
Doesn't Yours?"
Xn
™
Service« Include:
• Maintenance • DEO
• Tune-ups - Poor Engine
Performance
• Brakes • Clutch
• All Electrical Problems
• Carburetors & Fuel Infection
• Pre Purchase Inspection
• Alternators A Starters
(Repaired. Rebuilt
or Exchanged)
92« SE Morrison. Portland • http //sandgautomotive u«we«tdex com
When you buy or sell a home with me, you'll know your dollars
are helping support a greater cause. I contribute at least 10% of
my earnings to community and environmental organizations.
Millynn James
Bt ol> l ’■ Gr iciu.lie P>. i ’ot In;' tt.*’..“
»•BR AcuccL'cc! B
He,?'»'-«?' • / .c
503.330.HOME (4663)
I.800.82S.9948
'A'ww.i mllyi it i.( om
I mail: rnillynn« P. io I. c om