From the list custodian re: "tolerance", "oppression",
the Boy Scouts, the KKK, etc.
conlawprof at YAHOO.COM
Wed Nov 7 07:41:15 PST 2001
Thanks for the language concerning the Boy Scouts,
Jim. You can always count on the ACLJ for tolerance
I think Alan is correct that this language leaves open
some interesting issues.
First, to the extent that the Boy Scouts require
members to affirm some belief in some God, it would
seem as though BSA might still be vulnerable to a
school district policy prohibiting access to groups
that discriminate on the basis of religion. No?
Second, there is a bit of vagueness in the standard of
"equal access or fair opportunity to meet." Certainly,
school districts wishing to exclude the Boy Scouts
could do so by refusing to allow *any groups* to meet
on campus after school. But what of a school that
allows the Girl Scouts and 4-H to meet, but excludes
the Boy Scouts because of its pro-family values
policy? Now, it seems clear that the act applies and
the school must either give up federal funding or
allow the Boy Scouts equal access with the Girl Scouts
and 4-H. No?
I know some argue that conservatives should have voted
against this bill based upon federalism concerns. But
it seems to me that once we decide the feds have a
role in *funding* local education, we have lost our
virginity on the federalism point. The restrictions
are attached to the money and any public school that
wishes to preserve its independence from federal
control has a clear right of exit by refusing the
funds and the strings attached to the funds.
Cheers, Rick Duncan
--- Truthserum <thetruthserum at YAHOO.COM> 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
> Better Education for
> Students and Teachers Act of 2001. You can find the
> text link here.
> Jim "If You Want Research Done, Do It Yourself?"
> Senior Counsel
"Do you not think an angel rides in the whirlwind and directs the storm."
--President George W. Bush (quoting John Page)
"When the Round Table is broken every man must follow Galahad or Mordred; middle things are gone." -C.S. Lewis
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