Bench Memos

“Scouting’s Suicide: New Gay Policy Can’t Work”

That’s the title of my op-ed in today’s New York Post on the Boy Scouts’ proposed revision/abandonment of their policy against gay scout leaders. This excerpt addresses the legal idiocy of the proposed revision:

The legal problems with the revised policy are even more severe — and could spell ruin for lots of troops and scoutmasters.

In 2000, the Boy Scouts won a big Supreme Court victory against state laws that bar discrimination on the basis of sexual orientation. That victory rested heavily on the fact that the Boy Scouts taught that homosexual conduct was contrary to their values.

But if the national group abandons that teaching against homosexual conduct, it paves the way for activists to sue troops that adhere to the traditional policy and to threaten troop leaders with personal liability.

Few troops could afford the expense and hassle of defending against these suits.


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