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Forwarded from the New Paradigms Project [Not Necessarily Endorsed]:
From: Bard <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject:      *NEW* Boy Scouts v. Homosexuals *NEW*
Date: Saturday, January 15, 2000 12:42 PM

SATURDAY
    JANUARY 15
      2000

                  Boy Scouts vs.
                  homosexuals
                  U.S. Supreme Court to hear
                  appeal of New Jersey case


                  By Julie Foster
                  © 2000 WorldNetDaily.com

                  The U.S. Supreme Court decided yesterday it
                  will hear the Boy Scouts of America's appeal of
                  the August 1999 New Jersey Supreme Court
                  ruling that the scouting organization may not
                  exclude avowed homosexuals.

                  The legal battle began in 1990 when former
                  assistant scout leader James Dale was identified
                  by a newspaper article as being co-president of
                  a campus lesbian and gay student group at
                  Rutgers University. Then a 20-year-old college
                  student, the Eagle Scout sued both the
                  Monmouth Council in Matewan, N.J. and the
                  national organization in 1992 after he was told
                  that the Boy Scouts "does not admit avowed
                  homosexuals to membership in the
                  organization," and lost his registration as a scout
                  leader.

                  Dale's suit charged the scouting organization
                  with violating New Jersey law, which does not
                  allow discrimination on the basis of sexual
                  orientation in public accommodations, and
                  demanded reinstatement and monetary
                  damages.

                  Initially, the case was thrown out by a state trial
                  judge on the basis that the Boy Scouts of
                  America is not a place of public accommodation
                  and therefore not subject to the discrimination
                  law. But an appeals court and the New Jersey
                  Supreme Court ruled for Dale.

                  Lawyers for the Boy Scouts maintain that law
                  violates the organization's First Amendment
                  rights to free speech and free association.

                  "Scouting adheres to a moral belief ... that
                  homosexual conduct is not moral," said BSA's
                  attorney George A. Davidson after the nation's
                  highest court announced it will decide the case.

                  Davidson stated that an openly gay person
                  would not be a proper Scout role model and
                  that "Boy Scouting is really all about sending
                  messages. The message is that you should be
                  morally straight." Dale's attorney, however,
                  disagrees, saying that opposition to
                  homosexuality is not one of the Scouts' main
                  purposes.

                  "As gay people, we know how important the
                  First Amendment is," said Evan Wolfson of the
                  Lambda Legal Defense and Education Fund, a
                  homosexual rights organization."Their First
                  Amendment rights are not being interfered with.
                  The members did not join the Boy Scouts for
                  bigotry in the first place."

                  New Jersey's high court agreed, stating, "The
                  Boy Scouts' expulsion of Dale is based on little
                  more than prejudice, and not on a unified Boy
                  Scout position."

                  Although the Boy Scouts' pledge to be
                  "physically strong, mentally alert, and morally
                  straight" is central to scouting culture, the New
                  Jersey court ruled that "Boy Scouts' activities are
                  designed to build character and instill moral
                  principles. Nothing before us, however,
                  suggests that one of Boy Scouts' purposes is to
                  promote the view that homosexuality is
                  immoral."

                  The New Jersey court decision leaves many
                  organizations vulnerable, says the Boy Scouts of
                  America's appeal.

                  "Almost any organization could find itself a
                  victim of a court's desire to foster social change
                  by forcing social private associations to conform
                  to its idea of egalitarian values," the appeal
                  says.

                  Dr. James Dobson of Focus on the Family shares
                  the concerns expressed in the appeal.

                  "It is perfectly evident that Americans who are
                  determined to uphold Judeo-Christian morality
                  have become Public Enemy No. 1 to the judicial
                  tyrants who are using court benches to revise
                  age-old principles of behavior in favor of
                  dangerous sexual conduct," said Dobson in an
                  exclusive WorldNetDaily commentary. "We
                  believe the New Jersey decision violates the Boy
                  Scouts' constitutionally protected freedoms of
                  association and speech."

                  "It is high time that private citizens arise and
                  fight for their rights to live as free people -- not
                  as slaves to Big Brother," he continued. "When
                  our courts can eradicate standards of behavior
                  in private organizations, we all stand in danger
                  of having our beliefs and practices literally
                  defined by our government. That is nothing less
                  than government oppression and a frightening
                  prospect for our future."

                  The appeal relied on a 1995 decision in which
                  the justices said the sponsor of Boston's St.
                  Patrick's Day Parade should not be forced to
                  permit a homosexual group to participate. The
                  court said parades are "a form of expression"
                  and private sponsors cannot be forced to
                  include "a group imparting a message the
                  organizers do not wish to convey."

                  But Dale's lawyers believe the case should be
                  viewed in the context of Supreme Court
                  decisions dealing with state public
                  accommodations laws.

                  In a similar case in 1998, the California Supreme
                  Court -- also unanimously -- reached the
                  opposite conclusion to that of New Jersey's high
                  court, ruling that scouting is a voluntary and
                  private social organization with the authority to
                  exclude homosexuals and atheists.

                  This case is one of only a few considered by the
                  U.S. Supreme Court in the last two decades
                  dealing with the issue of homosexual rights

                  The court is expected to hear arguments in the
                  constitutional rights case in April and issue a
                  decision by July.



                  Julie Foster is a staff reporter for
                  WorldNetDaily.




                                      © 2000 WorldNetDaily.com, Inc.

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Bard

ho tolmoon ti paralassein toon gegrammenoon ap' argees, ouk en hodoo
aleetheias histatai.

He who attempts to alter any part of the Scriptures, from indolence
or incapacity, stands not in the path of Truth.

Epiphanius Against Heresies, Book I.

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