Supreme Court rejects Boy Scouts' appeal

WorldNetDaily.com ^ | Tuesday, March 9, 2004

[JohnHuang2]

LAW OF THE LAND
Supreme Court rejects Boy Scouts' appeal
State can exclude group due to policy against homosexual leaders

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Posted: March 8, 2004
4:45 p.m. Eastern

© 2004 WorldNetDaily.com

The U.S. Supreme Court today allowed Connecticut to exclude the Boy Scouts of America from a state charitable program because of the Scouts' policy barring avowed homosexuals from leadership.

Critics said the high court's refusal to revisit the ruling by the 2nd Circuit Court of Appeals threatens not only the First Amendment right to expressive association but also the right to free exercise of religion.

The decision has "far reaching implications that could threaten the constitutional rights of religious-based organizations that seek to promote and preserve their organizational values, particularly with regard to the issue of homosexuality," said the Michigan-based Thomas More Law Center, which filed a friend-of-the-court brief in the case.

For more than 30 years, the Boy Scouts had participated in the Connecticut State Employee Campaign Committee, which allows private groups to receive charitable donations through voluntary payroll deductions from state employees.

State officials denied the Boy Scouts access to the program, claiming the organization violated state non-discrimination laws by excluding avowed homosexuals from positions of leadership.

The organization says "such employment would interfere with scouting's mission of transmitting values to youth."

"Permitting this decision [Second Circuit Court of Appeals] to stand would in effect allow governments to legally extort organizations and individuals to give up basic beliefs," said Richard Thompson, president and chief counsel of the Thomas More Law Center, prior to the ruling.

Thompson noted homosexual activist organizations such as the Lambda Legal Defense Fund are allowed to participate in the state charitable campaign.

Lambda Senior Staff Attorney Evan Wolfson has said, "As long as the Boy Scouts' leaders are insisting on an exclusionary membership policy, the rest of us, especially public schools, parents, and donors, are going to dissociate ourselves from discrimination against our kids."

The Law Center said this decision, coupled with the Supreme Court's ruling less than two weeks ago allowing the state of Washington to discriminate in its scholarship program against a Christian college student who majored in theology, is evidence of a "disturbing anti-Christian trend in the federal courts."

"It suggests that the Supreme Court has taken sides in the culture war facing our nation," Thompson said.

In 2000, the Supreme Court affirmed by a 5-4 vote the Scouts' policy of excluding homosexuals from leadership.

The decision, Boy Scouts of America v. Dale, held the youth organization had a constitutionally based right to discriminate on the basis of "sexual orientation." James Dale was an Eagle Scout whose adult membership in the Boy Scouts was revoked when the organization learned that he was an avowed homosexual and homosexual-rights activist.

The organization, founded in 1910, has more than 2.5 million youth members and 1 million adult members.

[JohnHuang2]

Tuesday, March 9, 2004

Quote of the Day by jigsaw

[CWOJackson]

But this next election isn't important.

Yeah, sure.

Two choices. John Kerry shaping the Supreme Court for the next twenty years or President Bush.

Oh, and there's always that third choice...well, not really.

[GOPrincess]

What is *wrong* with the Supreme Court since last summer?!

[goldstategop]

Thanks to the Supremes, the heterophobes have gained another weapon in their bid to force the Boy Scouts to conform to their idea of tolerance and inclusuon.

[JohnHuang2]

The difference being a High Court that adheres to the letter and spirit of the Constitution, or a High Court that acts like a daily, 9-member Constitutional convention.

[cherry]

yes....let's keep voting in Demonrats by not voting Republcian, just to show how important we are...

Buchannan....Perot....Libertarians......thanks to all of you..

the end of any freedom at all is at hand unless we can maintain Dubya in the white house with a Senate majority...

thx again to all who voted libertarian in Washington State .....you gave me and the nation another freedom bashing Demonrat....

[CWOJackson]

And the way Kerry want's to grovel back into the good graces of Europe and the U.N.

This is scary.

[weegee]

For more than 30 years, the Boy Scouts had participated in the Connecticut State Employee Campaign Committee, which allows private groups to receive charitable donations through voluntary payroll deductions from state employees.

I'd recommend to all employees who find themselves offered such a program that does not include the Boy Scouts, don't contribute a dime through your employer.

Even if you want to give money to one of the other charities. Give your money directly to that charity. Oh sure your boss may kick and scream at you (because his boss kicks the trashcan and screams at him to get full employee participation). Tell him no.

If enough Americans do this nationwide, the arbitors of the nation's social agenda will realize that their little racket is over. United Way won't have the dollars to skim for lavish lifestyles.

[CWOJackson]

Don't sell Maria Cantwell short. Within a few months of getting to DC she became the top fund raising Senator. That's quite an accomplishment her and her libertarian supporters provided. I still remember how the Washington State LP'ers were on FR when the count came in, high fiving and hooting it up over the lesson they taught the GOP...which is to always remember the LP is on the other side.

[philetus]

I think there is something wrong with the whole political and justice system.

I hope I'm wrong, but I have a feeling the homo's are going to win this same sex marriage plot.I think the pols are going to stab the majority of the people , who are against it, in the back and shoot down the marriage amendment.

[weegee]

Make it clear to the pols that any and all who vote down the same sex marriage ammendment will be voted out of office... in the primary where competition is thinner. Doesn't matter which party they are in, let them know that we will register to throw them out.

[DoughtyOne]

There are two things that are scarey in your posts. One, yes it is scarey when Kerry reaches out to 'this Europe'. The other scarey thing in your and other's posts is this. Seven of nine Supreme Court Justices have been appointed by Republicans. Still you and others on this thread admonish readers to realize how important it is to think Republican this fall. While I commend your desires, for the life of me I can't understand anyone wanting to back a party who had appointed 77.7% of a court that denied such appeals as this Boy Scout appeal.

Is it worthy of considering the democrats this fall? Heavens no. In fact I don't suggest there is a party out there that is worthy of support over the republicans in this current climate, however, if the current condition of this nation and it's Supreme Court isn't scarey, I don't know what is.

I do NOT suspect it will get any better with the two main parties we have in this nation. Both are as corrupt as the day is long.

[CWOJackson]

"I do NOT suspect it will get any better with the two main parties we have in this nation. Both are as corrupt as the day is long."

Which probably explains your other comment.

"I can't understand anyone wanting to back a party who had appointed 77.7% of a court that denied such appeals as this Boy Scout appeal."

You nailed it there. You can't understand.

[philetus]

I don't think they care any more.
Whoever gets voted in will be the same.

I really don't think the politicians are in charge.

[DoughtyOne]

CWO, let's just forget the cheap shot and address the real issue here. If our guy won't force through conservative judges, and will allow the dems to block on a whim, what chance do we have of gettig a conservative court with the republicans in power?

I mention 77.7% but that fact means nothing to you.

Perhaps when you've had to live under an oppresive court like the Ninth Circit Court of Appeals, you'll gain a little understanding. We're being screwed by our own team. What's truly sad is that people who should know better ignore the truth and take cheap shots at folks who point this out.

[CWOJackson]

If your interested in addressing the real issue then get rid of that disgruntly third party chip on your shoulder and look at reality. You have absolutely no clue what kind of Supreme Court nominees President Bush will make and you don't seem to really care.

You transfer the blame for his current court nominees not getting through on him, when you should know that it's Congressional Republicans who aren't deliverying there.

As for you suffering under the 9th you should be getting the message. President John Kerry will make the 9th the standard for this nation.

[Bonaparte]

So the BSA can discriminate because it's a private organization that receives no tax funding. And the state of Connecticut can also discriminate because it is a public entity that does receive tax funding. Do I get that right?

[DoughtyOne]

Always one to stumble past the truth like a wino in a drunken stupor, you're at it again.  Before you fall in the gutter, have some coffee and sober up, at least until we're through talking.  If you can't, don't bother addressing me.

The issue is that the Republicans have appointed 77.7% of the current Supreme Court and it still can't get it's act together.  This needn't be raised by a third party advocate.  It should be a topic of concern for all conservatives.  Perhaps that's why it isn't of import to you.

What does my party affiliation have to do with it?  Either the 77.7% issue is real, or it isn't.  I don't think any true conservative could deny that this is very troubling.

As for transfering the blame for Bush's current nominees, I assess blame on all republican leadership, not just Bush.  That fact is, concervatism is not being advanced by the team in Washington.

LOL, as for the Ninth being standard for this nation, what do you call this ruling by the Supreme Court, if not Ninth Circuit Court of Appeals material?  Bud, we're already practicly there.  That's exactly what I'm addressing.

If I remember correctly, the Ninth Circuit Court of Appeals was appointed by a slight democrat margin, perhaps one or two judge majority.  We're not getting the bank for the buck.

[CWOJackson]

"Always one to stumble past the truth like a wino in a drunken stupor..."

LOL! No thanks. I could never buy into you folks political philosophies, but if that is what makes you feel good keep on doing it...you're excellent at it.

You know you're problem is you're still alive and living in America. No matter which way you look at it, you're doomed.

In your narrow little world President Bush is somehow your 77.7% and his Supreme Court nominees will be little different then Kerry's. And since you will never live to see your idea of a President in Washington...you're doomed.

How sad.

So what's the deal? Since you've narrowed down your expectations to nothing, you want everyone else to share your misery.

I think you're seriously under estimating the resolve of the American spirit...and are very lonely.

[DoughtyOne]

I gave 30 years to the Republican party.  In that period of time I can't remember ever voting for someone other than a Republican.

All the way along I felt my goals for this nation were being advanced?  Then, when I asked that question again, the answer for me was no in 2000.  I have good reasons for the positions I adopt.  I don't feel the need to be a part of a large organization if they are not advancing the policies I think are best for the nation.  Obviously you do.  If that makes you happy, I can live with it.  I just can't live with it when it's me, and knowing what I know today.

As for being lonely, I've never felt that way in my life.  I am comfortable with the policies I have studied and adopted.

I still don't know how you can sit there and talk glibly about a court that was appointed 77.7% by Repbulicans, but find that the most distrubing thing to you is what party I'm a member of.