WASHINGTON - The Human Rights Campaign called today's Supreme Court decision to allow the Boy Scouts of America ( BSA ) to continue its ban on gay scouts a travesty of justice that may allow large, open membership groups to be abovethe law and evade state and local nondiscrimination laws.
"We are gravely disappointed with a ruling that gives the Boy Scouts of America the ability to discriminate with impunity," said HRC Legal Director Tony Varona. "This is a hollow victory for the Boy Scouts of America - considering the wasted time, energy and money it has spent on maintaining its ability to discriminate and attack young men who have served its organization with distinction. Is this any way to teach youth about fairness, honesty and justice?"
By a vote of 5 to 4, the U.S. Supreme Court overturned the New Jersey Supreme Court's unanimous decision that the BSA's ban on gays violated the state's anti-discrimination ordinance. The state's anti-discrimination ordinance prohibits discrimination based on sexual orientation in "public accommodations." The New Jersey court ruled that the BSA is not a private club, but a public accommodation given its size, open membership and extensive entanglement with government agencies. In its appeal to the Supreme Court, the Boy Scouts argued that New Jersey's antidiscrimination law infringed on its First Amendment right to association. Lambda Legal Defense and Education Fund attorney Evan Wolfson argued the case before the Supreme Court on April 26. HRC helped coordinate an amicus brief on behalf of the civil rights community.
"In accepting the BSA's arguments concerning expressive association, the Court inexplicably ignored the fact that the BSA's purpose and message has never had anything to do with sexual orientation," said Varona. "To the contrary, the Boy Scouts' oath stresses public service and honesty, and its Congressional charter and bylaws make clear that membership is open to 'anyboy'."
The case began when Eagle Scout James Dale successfully sued the Boy Scouts for violating New Jersey's anti-discrimination law after he was expelled when his sexual orientation became known through his participation in a seminar on the needs of gay and lesbian youth.
"As James Dale exemplified so well, being gay in no way disqualifies a young man from being a model Boy Scout," said Varona. "We call on all fair-minded Americans involved with the Boy Scouts to end that organization's discrimination against gay youth and live up to the Boy Scouts Oath and support fairness, honesty and justice."
The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.
