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supreme court meme - when you don't know what to do...
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tashabear
tashabear
supreme court meme
As was demonstrated in an interview with Katie Couric, Sarah Palin is unable to name any Supreme Court Case other than Roe v. Wade.

The Rules: Post info about ONE Supreme Court decision, modern or historic, to your lj. (Any decision, as long as it's not Roe v. Wade.) For those who see this on your f-list, take the meme to your OWN lj to spread the fun.


Bpy Scouts of America v. Dale

The Boy Scouts of America is a private, non-profit organization engaged in instilling its system of values in young people. It asserts that homosexuality is inconsistent with those values.[3] James Dale is an adult whose position as assistant Scoutmaster of a New Jersey troop was revoked when the Boy Scouts learned that he is openly gay and a gay rights activist.

Dale, an Eagle Scout, filed suit in the New Jersey Superior Court, alleging, among other things, that the Boy Scouts had violated the state statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The case went to the New Jersey Supreme Court which ruled against the Boy Scouts, saying that they violated the State's public accommodations law by revoking Dale's membership based on his homosexuality.[4] Among other rulings, the court (1) held that application of that law did not violate the Boy Scouts' First Amendment right of expressive association because Dale's inclusion would not significantly affect members' ability to carry out their purposes; (2) determined that New Jersey has a compelling interest in eliminating the destructive consequences of discrimination from society, and that its public accommodations law abridges no more speech than is necessary to accomplish its purpose; and (3) held that Dale's reinstatement did not compel the Boy Scouts to express any message.

The Boy Scouts appealed to the United States Supreme Court, which granted certiorari to determine whether the application of New Jersey's public accommodations law violated the First Amendment.

...After reviewing the Scout Promise and Scout Law the court decided that the general mission of the Boy Scouts is clear: "[T]o instill values in young people." The Boy Scouts seek to instill these values by having its adult leaders spend time with the youth members, instructing and engaging them in activities like camping, fishing etc. During the time spent with the youth members, the Scoutmasters and assistant Scoutmasters inculcate them with the Boy Scouts' values—both expressly and by example. It seems indisputable that an association that seeks to transmit such a system of values engages in expressive activity.

* First, associations do not have to associate for the "purpose" of disseminating a certain message in order to be entitled to the protections of the First Amendment. An association must merely engage in expressive activity that could be impaired in order to be entitled to protection.

* Second, even if the Boy Scouts discourages Scout leaders from disseminating views on sexual issues the First Amendment protects the Boy Scouts' method of expression. If the Boy Scouts wishes Scout leaders to avoid questions of sexuality and teach only by example, this fact does not negate the sincerity of its belief discussed above.

* Third, the First Amendment simply does not require that every member of a group agree on every issue in order for the group's policy to be "expressive association." The Boy Scouts takes an official position with respect to same-sex relationships, and that is sufficient for First Amendment purposes. The presence of an openly gay activist in an assistant Scoutmaster's uniform sends a distinctly different message from the presence of a heterosexual assistant Scoutmaster who is on record as disagreeing with Boy Scouts policy. The Boy Scouts has a First Amendment right to choose to send one message but not the other. The fact that the organization does not trumpet its views from the housetops, or that it tolerates dissent within its ranks, does not mean that its views receive no First Amendment protection.

Finally, the decision concludes:

"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. While the law is free to promote all sorts of conduct in place of harmful behavior, it is not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one, however enlightened either purpose may strike the government."

In other words, the BSA is within its rights to exclude gay members and leaders, as a private organization. It might not be fair, but it is legal.

i feel: tired tired

6 trips or shoot the rapids
Comments
noveldevice From: noveldevice Date: October 2nd, 2008 04:35 am (UTC) (base camp)
Check the actual footage; the meme is promulgating a misrepresentation of the context.

I believe that the actual events as they transpired make her look sufficiently stupid that we needn't gild the lily.
albreda From: albreda Date: October 2nd, 2008 12:33 pm (UTC) (base camp)
And this issues is exactly why we hope E will not want to join the Boy Scouts. If he still wants to, we WILL be discussing this issue with him first. (His uncle is gay and an Eagle Scout.)
cvirtue From: cvirtue Date: October 2nd, 2008 01:08 pm (UTC) (base camp)
Our school sends home multiple leaflets about Boy Scouting. I find it rather annoying.
albreda From: albreda Date: October 2nd, 2008 01:57 pm (UTC) (base camp)
I have a Girl Scout Gold Award (Eagle equivalent), and found Scouting a valuable part of my upbringing. I'd love to have all of my kids participate (if they want to), but I won't support a group that chooses to exclude some boys over others.
cvirtue From: cvirtue Date: October 2nd, 2008 02:17 pm (UTC) (base camp)
Same problem here; not only homosexuals, but atheists, too.
albreda From: albreda Date: October 2nd, 2008 02:40 pm (UTC) (base camp)
Seriously? Wow.
6 trips or shoot the rapids