Word: boying
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Dates: during 2000-2000
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Despite its apparent simplicity, this case encompasses myriad legal issues. The Boy Scouts' argument, for example, was prefaced with the idea that gay people are not welcome in their ranks because their presence indicates an implicit approval of a gay lifestyle, which, according to Scout spokesmen, is in direct violation of the group's identity. The Court agreed; their ruling established that as long as the Boy Scouts believe that Dale's sexual identity renders him incompatible with the group's mission, they are free to exclude him. It does not matter, apparently, that Dale has proven himself...
...case, brought by James Dale of Monmouth, N.J., challenged the Scouts' dismissal of Dale, which everyone agreed was based solely on the plaintiff's sexual orientation. Dale was long considered a golden boy of the Scouts, rising through the ranks to receive a prestigious Eagle Scout badge. In 1992, a member learned that Dale was gay, and proceeded to dismiss him from his position as an assistant scoutmaster...
They're not saying they agree with the Boy Scouts, mind you, but the Supreme Court ruled Wednesday that the 90-year-old organization has the right to bar gay men from becoming troop leaders. The 5-4 decision also serves another purpose; by accepting the Scouts' interpretation of their oath - which requires members to be "morally straight and clean," and therefore, apparently, not gay - the Supreme Court has effectively banned openly gay boys and men from ever joining a local troop or participating in scouting activities...
Justice Rehnquist (writing for the majority): "We are not, as we must not be, guided by our views of whether the Boy Scouts' teachings with respect to homosexual conduct are right or wrong. Public or judicial disapproval of a tenet of an organization's expression does not justify the state's effort to compel the organization to accept members where such acceptance would derogate from the organization's expressive message...
Justice Stevens (writing the dissent): "Neither the Boy Scouts' law or oath expresses any position whatsoever on sexual matters. It is plain as the light of day that neither one of these principles... says the slightest thing about homosexuality...