ACLU Loses In Latest Boy Scout Attack
An atheist mother represented by the ACLU complained that allowing Boy Scouts to recruit in public schools on the same basis as other groups discriminated against her atheist son who attends Portland public schools. In today’s decision reversing a lower court decision, the Oregon Supreme Court emphatically concluded that “nothing that occurred in any public school program, service, or activity was discriminatory at all.”
“Giving Boy Scouts equal access is not discrimination,” said Scouting spokesperson Robert H. Bork, Jr. “It is the law.”
“The First Amendment and two federal statues require that Boy Scouts be given the same access to school facilities as other youth or community organizations,” said Boy Scouts’ attorney George A. Davidson. If the lower court’s decision had been upheld, “every school district in Oregon would have been in jeopardy of losing federal funding.”
Read more details at BSALegal.Org
This is a ridiculous lawsuit in the first place. I feel bad for the judges that had to listen to the arguments in this one. It seems to me that it was a “no duh” equal access case, and the Oregon Supreme Court came to the same conclusion. Thank goodness this case was dealt with using common sense.
Listen to the ridiculous response from the executive director of the Oregon ACLU.
David Fidanque, executive director of the Oregon ACLU, said the ruling turned on a technical definition of what constitutes discrimination in the schools.
In theory, he argued, a hate group such as the Ku Klux Klan could make a presentation in an Oregon school about joining, and it would not be discrimination as long as it didn’t mention it restricts membership to white people. In practice, however, he said he doesn’t believe the ruling will encourage Oregon schools to change policies that promote nondiscrimination.
Not only is this an unfair and disgraceful attempt to compare the BSA’s policy to discriminate based on their moral code to a group that promotes hate and racism, but it is an inaccurate and losing argument. The Boy Scouts are not saying that all atheists are bad people they are simply saying that being an atheist is not compatable with being a Boy Scout. Discriminating membership to an organization does not equate to promoting hate against those that are excluded. This argument is completely false anyway.
“The [Equal Access] Act expressly does not limit a school’s authority to prohibit meetings that would ‘materially and substantially interfere with the orderly conduct of educational activities with the school.’
Natt Hentoff has stated clearly in the past just how ridiculous all of this is.
Should the NAACP be forced by the courts or by the ACLU to allow adherents of white racist organizations to take leadership positions in the NAACP? Should disability-rights groups be compelled to have disciples of Dr. Jack Kevorkian in leadership roles?
Perhaps the ACLU should sue to strip the NAACP of their public funding and access to public schools? I don’t think we will ever see that one happen.
Thankfully it looks like the ACLU is throwing in the towel in this particular attack.
Fidanque said there will be no more appeals because the Oregon Supreme Court has the final word in cases involving state anti-discrimination laws.
The ACLU’s hateful war against the BSA is one more good reason to support the Public Expression of Religion Act. Let’s stop paying the ACLU to destroy America and freedom.
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Posted by Jay on September 9, 2006 8:23 pm
» Filed Under 1st Amendment, ACLU, Church And State, News
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9 Responses to “ACLU Loses In Latest Boy Scout Attack”
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Syndicate Me
Just so you know for the future meatbrain, I’m expanding my policy of deleting comments to also include those that are completely off topic.
meatbrain has no future here.
Both the Boy Scouts and the ACLU are in partnership with the United Nations and any court cases between the two make me nervous whatever the outcome.
Another defeat for the Forces Of Darkness.
Praise God! (so sue me, ACLU spawn)
Kerwin,
I think you are considering Fran Crawford’s Boy Scouts and Boy Scouts of the United Nations, one and the same with BSA.
If you have evidence that they are all the same, I would like to see it.
Hooray!
I’ll never fully understand the mindset of utter hatred in the ACLU. I will never really understand why they have such a strong hatred for the Scouts. Heck, there’s very little religion even IN the Scouts.
Unfortunately, I suspect this is just an organization that the ACLU views as a quasi-religion and I bet the ACLU thinks that if they can crush Boy Scouts that then they can start attacking all religion outright.
One thing that’s so sad is how few people realize how full of hate the ACLU has become. Many people are fooled into giving to the ACLU because the people think that the ACLU stands for civil liberties and rights. Keep getting the word out on the real purpose of the ACLU!
loboinok,
It says Boy Scouts of America. Here is the link to their NGO status at the U.N. Department of Public Information.
http://www.un.org/dpi/ngosection/asp/form.asp?RegID=all&CnID=all&AcID=-1&kw=&NGOID=234
The ACLU and the American Bar Association are both listed in the same area. Remember the Law Schools who sued the government over the don’t ask, don’t tell policy. You will find that both the Episcopalian and Presbyterian of the U.S. churches who are both pushing homosexuality are also listed there.
Thanks for the link Kerwin.
Loboinok, You are welcome.