Lambda Legal's Evan Wolfson to Argue Case April 26 States, Cities, Religious & Civil Rights Groups Take Part |
A prestigious array of amici, ranging from numerous states and cities, leading civil rights groups, and divinity and rabbinical school deans, to organizations such as the American Bar Association, American Psychological Association, the NAACP, and National Council of Jewish Women, also filed briefs in support of the New Jersey court ruling in the case, now called Boy Scouts of America v. James Dale. "Boy Scouts of America has never been about teaching any kind of intolerance, including anti-gay bigotry," said Lambda Senior Staff Attorney Evan Wolfson, who will argue the case before the Supreme Court on April 26. Added Wolfson, "BSA is an important organization for youth. It is supported by, and identified with, government entities such as schools, police and fire departments, as well diverse religious groups. Above all, BSA holds itself out as open to all boys. And 'all' means 'all,' including gay kids."
In its brief, filed February 29, the BSA relied heavily on the Supreme Court's decision in Hurley, the Boston parade case in which the Justices ruled that a state law against discrimination could not prevent parade organizers from excluding a gay and lesbian contingent from marching under its own banner. Said Lambda Legal Director Beatrice Dohrn, "For parade organizers to say, 'We don't want to include your pro-gay message,' is very different from the Boy Scouts saying, 'We don't allow gay people to participate.' The Boy Scouts organization is not a parade. It cannot reject boys and adult volunteers who support the Scouting message but happen to be gay." The case began in 1990 after BSA ousted James Dale, an exemplary Eagle Scout, solely because he is gay. Then 20, Dale had been with the organization for 12 years, earning 30 scout badges and other honors. "Scouting was a central part of my life. I grew and learned so much as a member, I believe in the program, and I look forward to being able to give back to the organization I grew up in," said Dale, now age 29. Friends-of-the-court
The friend-of-the-court arguments included warnings that a reversal of the New Jersey court threatens enforcement of the nation's civil rights laws, which bar discrimination on the basis of gender, race, religion, and national origin as well as sexual orientation. Among the amici filing briefs to support the New Jersey anti-discrimination law are an array of states, and cities, professional and religious-affiliated organizations. Boy Scouts of America v. James Dale Amici in Support of New Jersey Supreme Court States New Jersey as well as California, Hawaii, Maryland, Massachusetts, New Hampshire, New York, Oklahoma, Oregon, Vermont, and Washington Youth and education organizations, including National 4-H Council, National Education Association, American Association of School Administrators, New York City Board of Education, Los Angeles Unified School District, San Diego Unified School District, San Francisco Unified School District, Laguna Beach Unified School District, Society of American Law Teachers, National Association for Multicultural Education, Matthew Shepard Foundation, Gay, Lesbian and Straight Education Network, Parents, Families and Friends of Lesbians and Gays, National Youth Advocacy Coalition, Religious-affiliated groups and individuals General Board of Church and Society of the United Methodist Church, American Jewish Congress, Deans of a number of divinity schools and rabbinical institutions, Diocesan Council of the Episcopal Diocese of Newark, Religious Action Center of Reform Judaism, United Church Board for Homeland Ministries, and Unitarian Universalist Association. Cities Atlanta, Chicago, Los Angeles, New York City, Portland, Tucson, and San Francisco Professional organizations American Bar Association, American Counseling Association, American Federation of Teachers, American Public Health Association, American Psychological Association, National Association of Social Workers, and American Orthopsychiatric Association Leading civil rights organizations, including American Civil Liberties Union, Anti-Defamation League, Mexican American Legal Defense and Education Fund, NAACP, NAACP Legal Defense and Educational Fund, National Asian Pacific American Legal Consortium, National Council of Jewish Women, NOW Legal Defense and Education Fund, California Women's Law Center, Center for Women's Policy Studies, Equal Rights Advocates, Human Rights Campaign, National Gay and Lesbian Task Force, National Partnership for Women & Families, National Women's Law Center, Northwest Women's Law Center, and People for the American Way, Women Employed, Women's Law Project Boy Scouts of America v. James Dale, No. 98-699) |