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Another Victory for Freedom of Association?

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Just throwin' this out there for the sharks.....



A gay softball association in the US can limit the number of heterosexual players on its teams, a federal judge ruled Thursday.


The decision to allow the North American Gay Amateur Athletic Association (NAGAAA) to enforce a rule of two "straight" players came in a lawsuit filed by three bisexual men who claim they were kicked out of the Gay Softball World Series because they "weren't gay enough," the Courthouse News Service reported.


US District Judge John Coughenour wrote in his ruling, "Plaintiffs have failed to argue that there is a compelling state interest in allowing heterosexuals to play gay softball."


"NAGAAA might very well believe that given the history of gay exclusion for sports, the only way to promote competition for all persons, and ensure that gay athletes have the same opportunities as straight athletes, is to create an exclusively gay community with exceptions for a small number of straight players," the ruling states. "It is not the role of the courts to scrutinize the content of an organization's chosen expression."


However, Coughenour said the lawsuit could proceed to trial because questions remained about the way the softball association applied its rule.


The suit was sparked when three men playing for a San Francisco-based team in the Gay Softball World Series in Washington state in 2008 were challenged about their sexuality by a rival team.


According to their complaint, the trio were summoned to a hearing room and quizzed about their sexual interests or attractions in front of around 25 people.


The men said organizers told them, "This is the Gay World Series, not the Bisexual World Series."


A trial is set for Aug. 1.


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"According to their complaint, the trio were summoned to a hearing room and quizzed about their sexual interests or attractions in front of around 25 people"

Heck all the had to say was that they were all avowed and they could have played ball. Or not played ball depending where they wanted to play and who they .....


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It's only fair to point out that just like in the BSA, there is plenty of opposition to the position the NAGAAA has taken within the gay community, and even within the membership of the NAGAAA, to the point that they, and their affiliated softball leagues, are losing sponsors and players. With this ruling, a number of sponsors and affiliated leagues that have been on the fence hoping that the court would rule against the NAGAAA are likely to pull their support now unless the NAGAAA declares victory but immediately change the policy. The sponsors and affiliated leagues are getting an awful lot of pressure from groups and individuals fighting to end discrimination to stop supporting the NAGAAA because the NAGAAA's policy leads to charges of hypocrisy.

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