Fwd: Boy Scouts' policies go before court
Samuel Martin Ventola
samuelv at IX.NETCOM.COM
Tue Jan 6 15:38:01 PST 1998
In answer to Professor Duncan's request for information on this case,
and as a consolation present for his Chiefs' loss to our Broncos, I
attach the following UPI news article.
samuelv at ix.netcom.com
LOS ANGELES, Jan. 5 (UPI) -- The California Supreme Court is
expected to hear arguments today over whether the Boy Scouts of America
violated state law by denying leadership and membership positions to
youths who say they are gay or don't believe in God.
The court will have to determine the hotly contested issue of
whether voluntary nonprofit associations must comply with the same
anti-discrimination law as California businesses.
Berkeley Eagle Scout Timothy Curran sued the Mount Diablo Council
of the Boy Scouts in 1981 after his application to be an assistant
scoutmaster was denied because of his sexual orientation.
During his five years with the organization, he earned his Eagle
Scout badge and helped form a troup for the deaf. Not long after he
turned 18, members of his troop and the council saw him profiled in a
news article on gay youth.
The second case, also being argued in Los Angeles, involves twin
Orange County boys who sued after being denied admission to a troop
because they do not believe in God.
In that case, Randall vs. Orange County Council of the Boy
Scouts, both the trial court and appeals court held that the group is a
business. That ruling, is at odds with the Court of Appeal ruling in
the Curran case, which found the Scouts are not a business.
If the high court agrees that the Boy Scouts are not a business,
the court must still decide whether its membership policies are
protected under the First Amendment right of association. A ruling is
expected within 90 days.
---- End Forwarded Message
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