Boy scouts

[Rick Duncan]

This is a very interesting thread, but it has an air
of science fiction about it, almost as though we were
all characters in a Heinlein epic. Here are a few
thoughts (I don't know if they are razor insights or
irritants; but they are certainly not "homophobic"
whatever that means, or expressions of "religious
bigotry").

1)I find it amazing that many of you don't agree that
the Boy Scouts are an expressive association with a
mission of instilling traditional virtues in young
boys. The term "boy scout" is practically synonymous
with "goody two-shoes" as in "I'm no boy scout, but I
don't think we should ...{fill in the blank with some
kind of bad or naughty conduct that teenagers might be
tempted to do}." BSA explicitly intends to instill the
virtue of "moral straightness" in impressionable young
boys; does anyone really doubt that the BSA interprets
moral straightness as inconsistent with homosexual
conduct? The very fact that so many of the more
"tolerant" advocates for gay rights constantly apply
the adjective "homophobic" to the Boy Scouts strongly
suggests that they indeed understand that the BSA does
not view homosexuality as consistent with moral
straightness or as an acceptable lifestyle to hold out
to young boys.

2)This is an easy case precisely because the Boy
Scouts are viewed by most reasonable persons
(including, I'm sure, by most members of the Supreme
Court) not only as an expressive organization but as a
very good and decent expressive association. This is
not a case about whether an evil organization has a
right to express its evil ideas (e.g. the Nazis
marching in Skokie). This case is about whether a good
organization, one which is held in high esteem by most
reasonable people, has the right to express a very
reasonable view of sexual morality to young boys who
are entrusted to the organization. Perhaps in a
strange alien universe an organization like the boy
scouts would be viewed as an evil, non-expressive
organization, but not in the real world in which this
case is actually being litigated.

3)Tolerance to some of us means using the power of
government to silence or punish those who believe
differently from you. To others, tolerance means
allowing groups with radically different views of the
good life to coexist in peace. To some, tolerance is
consistent with using hateful epithets ("homophobe"
"religious bigot"  etc) to describe those who disagree
with you. I don't believe using this kind of hate
speech is consistent with tolerance, but of course, as
Stanley Fish has observed, "Tolerance is exercised in
an inverse proportion to there being anything at
stake." There is a great deal at stake in the culture
war, in this battle for the hearts and minds of our
Nation and our Nation's children. This is why I fight.

4)The Boy Scouts as a "monopoly"? There are countless
youth organizations that boys can join--Boys Clubs,
YMCA, 4-H, church youth groups, extracurricular groups
at school, soccer, basketball, midget football, and
little league. Indeed, my children participate in
Awana, which is a quite large, national church-related
scouting organization. Maybe on Mars the Boy Scouts
have a monopoly over youth activities, but not on
earth. Beam me up, Scotty!

5)I, of course, concede that Steve Jamar was in touch
with reality when he referred to me as having "razor
insight." Thanks, Steve.  --Rick Duncan

--- JMHACLJ at AOL.COM wrote:
> In a message dated 01/31/2000 7:31:51 PM Eastern
> Standard Time,
> MAULE at LAW.VILLANOVA.EDU writes:
>
> << >>> "Steven D. Jamar" <sjamar at LAW.HOWARD.EDU>
> 01/31/00 05:44PM >>> writes
>
>  But then again, Rick delights in being an irritant,
> a jester, one who stirs
> up
>  trouble -and uses his razor insight to tweak those
> of us who disagree so
>  strongly with his libertarian and religious
> fundamentalist outlook on life.
>
>  ==============
>
>  Wait, wait, wait. I thought *I* was the
> irritant.... :-) >>
>
>
> Now I am confused.  I am THE irritant.  Do any of
> the rest of the pretenders
> suffer under the burden of advance review of their
> messages by the
> listmanager?
>
> Jim "But will the Professor Allow This Gentle Poke
> Through" Henderson
> ACLJ
> Senior Counsel
>

=====
Rick Duncan
Welpton Professor of Law
University of Nebraska
College of Law
Lincoln, NE 68583-0902
(402)472-6044
(402)472-5185 FAX
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