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9th Circuit Court of Appeals Rules in Favor of Boy Scouts over Lesbian and Agnostic Couples
http://www.thomasmore.org/ ^ | December 28, 2012 | Thomas More Law Center

Posted on 12/28/2012 4:20:38 PM PST by NKP_Vet

In a surprising decision last week that drew little press attention, the Ninth Circuit Court of Appeals, handed the Boy Scouts a victory over a lesbian couple and an agnostic couple. The Ninth Circuit is considered the most liberal appellate court in the land.

(Excerpt) Read more at thomasmore.org ...


TOPICS: Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: atheists; bsa; homosexualagenda; lawsuit; ninthcircuit; ruling; sourcetitlenoturl
The good guys win one. It's about time.
1 posted on 12/28/2012 4:20:45 PM PST by NKP_Vet
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To: NKP_Vet

That’s AMAZING! That court has a “transformational agenda” just like O’s!

Thanks for the good news!


2 posted on 12/28/2012 4:23:56 PM PST by faithhopecharity
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To: NKP_Vet

This is one of those little victories that convince conservatives that they still have a snowballs chance in hell.


3 posted on 12/28/2012 4:25:24 PM PST by gorush (History repeats itself because human nature is static)
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To: NKP_Vet

The “Ninth Circus Court”, as my nephew the lawyer calls them.....


4 posted on 12/28/2012 4:32:51 PM PST by Intolerant in NJ
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To: NKP_Vet

Unless I’m reading it wrong, it wasn’t much of a victory. The suit was tossed only because the plaintiff’s lacked standing to sue. If they had standing, the outcome might have been very different.


5 posted on 12/28/2012 4:34:47 PM PST by rbg81
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To: 17th Miss Regt; 1riot1ranger; 2001convSVT; 2banana; 3catsanadog; 50sDad; Abby4116; ...

Scout Ping


6 posted on 12/28/2012 4:47:29 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: 17th Miss Regt; 1riot1ranger; 2001convSVT; 2banana; 3catsanadog; 50sDad; Abby4116; ...

Scout Ping


7 posted on 12/28/2012 4:48:00 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: 17th Miss Regt; 1riot1ranger; 2001convSVT; 2banana; 3catsanadog; 50sDad; Abby4116; ...

Scout Ping


8 posted on 12/28/2012 4:49:04 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: NKP_Vet

I’m suspicious of why the ninth circus voted the way it did.

I doubt it was because they agreed with the outcome but because the plaintiff’s had such a pathetically weak case that finding for them would create never ending legal issues for the entire court system so they really had no choice but to not open that can of worms.


9 posted on 12/28/2012 4:57:14 PM PST by Valpal1
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To: NKP_Vet
Better check your headline there... it indicates that the nutty 9th would have sided with the BSA over some lezbos and God deniers.
10 posted on 12/28/2012 5:01:23 PM PST by South Hawthorne (In Memory of my dear Friend Henry Lee II)
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To: NKP_Vet

Is there bacon in the treetops?


11 posted on 12/28/2012 5:04:01 PM PST by NonValueAdded (If you can keep your head when all about you are losing theirs, you've likely misread the situation.)
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To: NKP_Vet
In a surprising decision last week that drew little press attention,

Of course it drew little press attention.

If the decision had been reversed, we would hearing for years to come about what a great victory it was.

12 posted on 12/28/2012 5:06:50 PM PST by metmom (For freedom Christ has set us free; stand firm therefore & do not submit again to a yoke of slavery)
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To: NKP_Vet

A broken clock...


13 posted on 12/28/2012 5:08:05 PM PST by SMGFan (SMGfan is not "Sub Machine Gun" fan)
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To: NonValueAdded
Is there bacon in the treetops?

Depends on if John Bob has been hunting feral pigs with explosive arrows again. That's what I hear anyway.

I can't believe the 9th did this. I hope the Supremes don't overturn it out of reflex.

/johnny

14 posted on 12/28/2012 5:17:50 PM PST by JRandomFreeper (Gone Galt)
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To: faithhopecharity

The 9th Circus is a liberal cesspool as a whole, but there are maybe a couple of decent judges on it. Perhaps their names were drawn to be in the 3 judge panel on this case?


15 posted on 12/28/2012 5:21:58 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: NKP_Vet

To the headline: hell has frozen over!


16 posted on 12/28/2012 5:28:06 PM PST by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
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To: fwdude

Okay - I just completed reading the entire decision. It comes down to the following. The plaintiffs don’t have standing because they never actually tried to use the facilities! That is it in a nutshell. Another way of putting it is that being offended doesn’t give you standing to sue.

So the court directed summary judgement to the BSA. Now if the plaintiffs actually try to use the facility and can’t - then they could sue.


17 posted on 12/28/2012 6:32:08 PM PST by fremont_steve
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To: SandRat; All

one ping only, vasily, if you please...


18 posted on 12/28/2012 6:33:26 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: rbg81

There is only one thing you can be certain of- if there was a way they could have hung the Boy Scouts out to dry and forced them to accept the homo agenda, they would have.

There must have been too weak a case, and it would have been overturned by the supremes- so they bailed on it.


19 posted on 12/28/2012 6:35:45 PM PST by Mr. K (There are lies, dammed lies, statistics, and democrap talking points.)
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To: Secret Agent Man

...but I only pressed the Post button once and still had multiple posts.


20 posted on 12/28/2012 6:44:59 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: NKP_Vet

To dismiss a case because the suing party lacks legal standing is one of the weakest wins in the court system.

However, the SCOTUS case of Boy Scouts of America v. Dale (2000) was a slam dunk for the BSA, and made it clear both that they could not be forced to admit those whose behavior was against their principals; and that they had to be offered any private accommodation by government that any other private organization is offered.


21 posted on 12/28/2012 7:07:43 PM PST by yefragetuwrabrumuy (Pennies and Nickels will NO LONGER be Minted as of 1/1/13 - Tim Geithner, US Treasury Sect)
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To: NKP_Vet; SandRat

I can’t believe the 9th Circus voted in favor of the Boy Scouts! Miracles never cease.


22 posted on 12/28/2012 8:29:18 PM PST by Coleus
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To: SandRat; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Thanks SandRat.


23 posted on 12/28/2012 9:06:12 PM PST by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
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To: SandRat; NKP_Vet

Just mailed my annual tax deductible check to the Boy Scouts for 2012. I also give money to the Alliance for School choice that helps sends poor kids to private schools.

The kids are our future.


24 posted on 12/28/2012 9:17:03 PM PST by sickoflibs (Dems go for results, meaning winning. Rs go for symbolism: "We tried. We were foiled again"")
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To: NKP_Vet

Yay. So happy to see this.


25 posted on 12/28/2012 9:58:28 PM PST by MarMema (eh.)
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To: SandRat

Wow!. Hadn’t heard that. You mean the 9th circus made a rational decision for once?


26 posted on 12/29/2012 1:52:48 AM PST by Figment
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To: NKP_Vet
The 9th Circuit ruled in favor of the scouts over homosexuals?


27 posted on 12/30/2012 1:26:10 PM PST by gitmo ( If your theology doesn't become your biography it's useless.)
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To: NKP_Vet

It’s probably more a tactical victory than a moral one.

The complainants did not have standing to sue, because they were not involved in scouting in the first place — therefore this decision was made on a small legal technicality. That is what conservatives usually do not understand.

If constitutional traditionalists want to win, we have to fight strategically and use the law in a dry intellectual way, avoiding drama, to achieve incremental victories in court.

This doesn’t sit well with lawyers aspiring to be James Stewart or Clarence Darrow; but the small ways a suit is worded are often more decisive than the legal or moral principles involved.


28 posted on 12/30/2012 2:58:11 PM PST by Albion Wilde ("If you're going through hell, keep on going."--Winston Churchill)
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To: SandRat

Placemark


29 posted on 01/02/2013 6:18:11 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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