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

[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.

[yefragetuwrabrumuy]

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.

[Coleus]

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

[SunkenCiv]

Thanks SandRat.

[sickoflibs]

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.

[MarMema]

Yay. So happy to see this.

[Figment]

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

[gitmo]

The 9th Circuit ruled in favor of the scouts over homosexuals?

[Albion Wilde]

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.

[little jeremiah]

Placemark