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Gay Athletic Groupís First Amendment Right to Limit the Number of Straight Players on a Team
The Volokh Conspiracy ^ | November 18, 2011 | Eugene Volokh

Posted on 11/20/2011 12:22:45 PM PST by QT3.14

As I noted in June, a district court held that, under Boy Scouts v. Dale, a gay athletic group had a First Amendment right to limit the number of straight players on a team, since that was necessary for it to convey its expressive message. The court has now issued a new opinion (Apilado v. North American Gay Amateur Athletic Alliance (W.D. Wash. Nov. 10, 2011)) reasserting its conclusion, but developing the analysis further:

(Excerpt) Read more at volokh.com ...


TOPICS: Culture/Society; Front Page News; Government
KEYWORDS: gay; homofascism; homosexualagenda; liberalfascism; moralabsolutes; sports; thatissogay
So it is okay to have a white only group? Straight only?
1 posted on 11/20/2011 12:22:46 PM PST by QT3.14
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To: QT3.14

“The Commissioner of NAGAAA submitted a declaration explaining that the desire for exclusivity was born of the fact that many members of the LGBT community come from backgrounds where team sports have been environments of ridicule and humiliation. NAGAAA’s efforts to promote an athletic, competitive, sportsmanlike gay identity, with a unique set of values, in response to a particular need, are protected by the First Amendment. Forced inclusion of straight athletes would distract from and diminish those efforts.”

Soooo....does this mean that NO, there can be no white only or straight only groups if there is no PERCEIVED environment of ridicule, etc.?


2 posted on 11/20/2011 12:28:57 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: QT3.14

Geez. Why would anyone “straight” WANT to play on a “gay” team?


3 posted on 11/20/2011 12:31:20 PM PST by ataDude (Its like 1933, mixed with the Carter 70s, plus the books 1984 and Animal Farm, all at the same time.)
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To: QT3.14
Read into the 1963 Congressional Record:

45 Goals of Communism

26. Present homosexuality, degeneracy and promiscuity as "normal, natural, healthy."

4 posted on 11/20/2011 12:33:05 PM PST by QT3.14 (Life is not a dress rehearsal - It is Showtime!!)
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To: SumProVita

>>>gay identity, with a unique set of values,<<<

I would really like to see this list of values, what makes it unique, and a discussion of how those values are different from, let’s say, heterosexual values.

That’s a rhetorical question, since I know that casually throwing out comments about “unique” gay “values” is just a thin veneer of b***sh*t painted over an empty building.


5 posted on 11/20/2011 12:33:57 PM PST by redpoll
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To: QT3.14

No, this reasoning only applies to politically correct approved aggrieved groups.

So you can’t have a straight ony or white only group. But you are allowed to have groups for gays, any minority group, and women.

As long as the group involved has aggrieved status in the world of political correctness, then the legal criteria allow this self-expression legal concept. If a group, such as whites in general, or white men, sought legal status under such a legal concept, then the legal principles and criteria for judging the situation will change so that there is no benefit given to politically incorrect groups.


6 posted on 11/20/2011 12:37:37 PM PST by Dilbert San Diego
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To: QT3.14
So the Boy Scouts are perfectly within their right to exclude homosexuals from their ranks.

Sooner or later, the victim argument was bound to come full circle. That's the idiocy of this kind of extremism; it eventually gets farther and farther afield until it wraps around and bites itself in the tail.

7 posted on 11/20/2011 12:39:14 PM PST by IronJack (=)
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To: redpoll

You are correct...which is why I like to avoid the very word “value(s)” anymore. I much prefer VIRTUE(S)...which is, by far, much less subjective/relative.

;-)


8 posted on 11/20/2011 12:40:01 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: SumProVita

So if a straight man wants to join and claims to “like guys”, they have a right to deny him entry? How can you prove someone isn’t gay?


9 posted on 11/20/2011 12:44:01 PM PST by bigdirty
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To: ataDude
I'd never ever spend a penny to see gay players play as gay players....

all these phony years of them stating that just wanted to be "equal"....well, now they don't want to be equal, they want to have special rights and priviledges....

10 posted on 11/20/2011 12:47:59 PM PST by cherry
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To: bigdirty

The whole notion is ridiculous, isn’t it? Liberals have a penchant for taking what is simple and making it much more complicated and confusing. They love heaping law upon law upon law....and we all suffer the “unintended” results. And many lawyers (a large number of which are Democrat) rake in the $$$.

God help us if Obama is reelected and they attempt to reform the tax code. (rolling eyes)


11 posted on 11/20/2011 12:49:48 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: cherry

Bingo!


12 posted on 11/20/2011 12:51:20 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: bigdirty

How can you prove someone isn’t gay?
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
You have to go by what the gay-o-meter says.

EVERYONE and I mean EVERYONE is allowed to be unique, stand alone, regulate who can join, EXCEPT
Straight, White Males.
The ‘courts’ say that I have to let you join my group no matter what BUT I am not allowed to join your group AND they basically use as an excuse that ‘WE’ don’t understand you and/or your ways — HOWEVER that does not exempt you from being placed in my group.....

We are some kind of screwed up BUT still the best system in the world - - for now at least.


13 posted on 11/20/2011 12:54:39 PM PST by xrmusn ((6/98) If govt involved, the more outlandish a scheme appears, the truer it probably is.)
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To: QT3.14

So it’s okay for other groups to exclude homosexuals then.
They cannot have it both ways no matter how badly they want it.


14 posted on 11/20/2011 1:13:03 PM PST by Darksheare (You will never defeat Bok Choy!)
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To: SumProVita

No it means that the victim has now become the bully and the new victim has no protections.

Welcome to the result of political correctness.


15 posted on 11/20/2011 1:49:46 PM PST by EQAndyBuzz (To fix government, we need a rocket scientist. Oh, wait we have one!)
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To: EQAndyBuzz

Yes, in many cases this is also true. However, another factor would be that of the increasing numbers of confusing and, at times, contradictory laws...and I stand by my comment.

There are several other negative results of liberal thinking and activism in addition to what we both stated.


16 posted on 11/20/2011 2:07:00 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: xrmusn; bigdirty
How can you prove someone isn’t gay?

Hmm. He refuses to play both pitcher and catcher? (Please forgive me.)

I remember reading about a 'gay' league's problems earlier this year but didn't believe it needed posting on FR. There was a dustup when a league reached the championship game, because one of the two teams had some bisexual men as well as its limit of straight men.

The consensus of gay men in the league was that bisexual men should count as straight men and that one team was bending the rules by fielding bisexuals on its roster.

17 posted on 11/20/2011 3:11:49 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: ataDude
Why would anyone “straight” WANT to play on a “gay” team?

Designer uniforms?

Ya gotta believe that they have "straight" female followers. And for the straight guy, that means no competition from the other players.......

Other than that, you're right......

18 posted on 11/21/2011 5:51:21 AM PST by Hot Tabasco (ue)
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To: SumProVita; All

so the judge comcluded the first amendment association rights are only triggered when special class victims are seeking to use it.

IOW the first does not apply to all people just to those SPECIAL victims as defined by the courts via junk science and outright assumptions.


19 posted on 11/21/2011 7:18:55 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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