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AP Wire story , complete
Terry Slade (tmslade@ACTX.EDU)
Wed, 4 Aug 1999 11:27:40 -0500
The following is the complete text from an AP story on the BSA vs. Gays =
verdict. =20
AUGUST 04, 11:34 EDT
N.J. Lifts Boy Scout Ban on Gays=20
By THOMAS MARTELLO Associated Press Writer=20
TRENTON, N.J. (AP) =AF The Boy Scouts of America=27s ban on homosexuals =
is illegal under New Jersey=27s anti-discrimination law, the state Supreme =
Court ruled today.=20
The Boy Scouts vowed to appeal the court=27s ruling, which upheld a =
state appellate court decision, to the U.S. Supreme Court.=20
The court, in a unanimous decision, sided with James Dale, a Matawan =
assistant scoutmaster who was kicked out of the Boy Scouts nine years ago =
when leaders found out he is gay.=20
The court said the Boy Scouts organization constitutes a ``place of =
public accommodation=27=27 because it has a broad-based membership and =
forms partnerships with public entities and public service organizations.=
=20
Thus, the court said the Boy Scouts fall under New Jersey=27s anti-discr=
imination law and cannot deny any person ``accommodations, advantages, =
facilities and privileges=27=27 because of sexual orientation.=20
The court also rejected the Boy Scouts=27 contention that striking down =
their ban on homosexuals violates the group=27s First Amendment rights.=20
``To recognize the Boy Scouts=27 First Amendment claim would be =
tantamount to tolerating the expulsion of an individual solely because of =
his status as a homosexual =AF an act of discrimination unprotected by the =
First Amendment freedom of speech,=27=27 the decision reads.=20
Dale, now 29, earned 30 merit badges and various other awards and was =
an Eagle Scout during his 12 years in the organization. He was expelled in =
1990.=20
A lower court judge ruled in the Scouts=27 favor in 1995, calling =
homosexuality ``a serious moral wrong=27=27 and agreeing with the Boy =
Scouts that the group is a private organization and has a constitutional =
right to decide who can belong.=20
In overturning that decision last year, an appeals court said Dale=27s =
``exemplary journey through the Boy Scouts of America ranks as testament =
enough that these stereotypical notions about homosexuals must be =
rejected.=27=27=20
George Davidson, an attorney for the Boy Scouts, said this is the first =
time the group had lost such a case in a state=27s highest court. He had =
argued the group has a right to pick its own leaders without interference =
from ``an all-powerful state.=27=27=20
``It=27s a sad day when the state dictates to parents what role models =
they must provide for their children,=27=27 Davidson said.=20
``To us, the silver lining is it gives Boy Scouts the first opportunity =
to go the U.S. Supreme Court and get a definitive ruling to put an end to =
these lawsuits,=27=27 he said=20
The court decision rejected ``the notion that Dale=27s presence in the =
organization is symbolic of Boy Scouts=27 endorsement of homosexuality. =
... Dale has never used his leadership position or membership to promote =
homosexuality, or any message inconsistent with Boy Scouts=27 policies.=27=
=27=20
Dale scheduled an afternoon news conference at the New York offices of =
the Lambda Legal Defense and Education Fund, which represented him in =
court.=20
``It=27s a great day for our client, but also for both lesbian and gay =
people who want to join the Boy Scouts,=27=27 said Beatrice Dohrn, legal =
director for the group.
``It=27s also a great day for other people in the Boy Scouts who got a =
message today of inclusion rather than one of discrimination.=27=27=20
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