-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- .............................................................. 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. This page was last built 1/14/00; 10:25:50 PM Direct corrections and technical inquiries to [EMAIL PROTECTED] http://www.worldnetdaily.com/bluesky_exnews/20000115_xex_boy_scouts_v.shtml 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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