Boy Scouts and freedom of association

[Paul Finkelman]

I think the problem with West's argument is that he is confusing "sex" and
being gay.  It is possible to be gay and be in a monogamous marriage; I
know many gay people who are in such relationships;  such marriages are
legal in a number of countries and are about to be legal (are legal) in
Vermont.  Moreover, many gay people are in what might be considered common
law marriages.  Indeed, the whole argument against gay marriage seems to be
one of creating an intentional catch 22 -- These people are deemed  immoral
because they are involed in non-marital sex,  but then they are not allowed
to marry either.

 The issue is not about sex, it is about being openly gay and supportive of
gay rights.   Professor West seems to want to make issues of gender and
orientation into issues of sex.  That is not the issue.  And if it was,
then there is surely some hypocrisy here. I do not see the Boy Scouts
kicking out all scoutmasters, and scouts?,  who are involved in non-martial
sex.  I by the way cannot recall any scout activity on monogamous marriage,
but I do recall that the scout handbook had a long discussion about the
evils of masterbation, which caused a great amount of concern and/or humor
among scouts.

--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu



Tom West wrote:

>
> >
> >
> > Why must one use such extreme language about the Boy
> > Scouts' belief that boys should be taught that sex should be
> > limited to monogamous marriage?
> >
> > This teaching is called "appalling," "bigoted, ignorant, and
> > cruel," and "homophobic." It could tip "some such
> > boys/men over the edge of violent gay-bashing such as
> > Matthew Shephard suffered." (Bryan Wildenthal, June 6.)
> >
> > (Might not a violent critic of the Scouts tip some pro-
> > homosexual men over the edge? I remember that violent anti-
> > war speech led to assaults on soldiers returning from the
> > Vietnam War. The Boy Scouts, fortunately, do not use
> > inflammatory language when they discuss these matters.)
> >