From the list custodian re: "tolerance", "oppression", the Boy Scouts, the KKK, etc.

[A.E. Brownstein]

Lots of questions here. What does this "fair opportunity to meet" language
mean? It obviously means something other than equal access. Does it suggest
a substantive minimum right of access greater than that provided other
groups? If other groups do not get a "fair opportunity to meet" because of
their policies relating to sexual orientation, must patriotic groups and
the Scouts be provided such opportunities in any case? Can the Scouts
access be limited under a policy limiting access to non-controversial
groups, or to groups that do not discriminate on suspect or quasi suspect
class grounds (such as gender, religion etc.)?

Alan Brownstein
UC Davis


At 04:35 PM 11/06/2001 -0500, you wrote:

>Here's the text:
>
>No public elementary school, public secondary school, local educational
>agency, or State educational agency may deny equal access or a fair
>opportunity to meet after school in a designated open forum to any youth
>group listed in title 36 of the United States Code as a patriotic society,
>including the Boy Scouts of America, based on that group's favorable or
>unfavorable position concerning sexual orientation.
>
>It is located on the Thomas website, as part of the
><http://thomas.loc.gov/cgi-bin/query/D?c107:2:./temp/~c107HpCYYb:e1861068:>Better
>Education for Students and Teachers Act of 2001. You can find the text
>link
><http://thomas.loc.gov/cgi-bin/query/D?c107:2:./temp/~c107HpCYYb:e1861068:>here.
>Jim "If You Want Research Done, Do It Yourself?" Henderson
>Senior Counsel
>ACLJ