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Another gay man plans to sue BSA


shrubber

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Here you have a guy who has served, apparently without any problem, for two years until someone "outed" him. I'm sure if there had been some complaint about the quality of his leadership or conduct, that would have been mentioned. Certainly presents a compelling argument that the policy is misguided.

 

The winds of change are blowing as far as this issue goes: DADT is about to go by the wayside, several state Supreme Courts have endorsed single sex marriage; the 9th Circuit is likely to do the same. Dale was only a 5-4 decision and could conceivably be reversed, especially in a case like this.

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His lawsuit seems to be that the school can't allow a discriminatory organization to use the school facilities. That question will probably revolve around usage rules that the school district follows, and determining if the Scouts are given any sort of preferential treatment.

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First of all, shame on this guy for not already knowing he was being discriminated against. (That was sarcasm.)

 

Second, I'd like to point out that he never actually said he was suing, or planning to sue, the BSA or anyone in particular. He said he has "contacted attorneys." It also said he is "angry." I can tell you that a lot of people contact attorneys when they are angry about something, only to back down when they learn the realities of the situation, meaning the chances of winning, as well as the cost. Unlike the Dale case, in which I am presuming Dale's attorneys worked for nothing (but a potential payment from the BSA if he wins all the way to the end), I think this guy would have a tough time finding an attorney willing to do that when the law is settled. (Although it is one Supreme Court vote away from being unsettled, that vote is not there at the moment, so if anyone were to start this up again, this would probably not be the right time.)

 

We also don't really know enough about the use-of-facilities situation in this case, to know whether there is a potential lawsuit there. If the BSA is using the school on the same basis as other youth organizations, and is not chartered to the school, there is probably no winnable lawsuit there, either.

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"My position is that the school cannot allow the use of their facilities to an organization that discriminates."

 

Yeah, good luck with that. Your "position" doesn't trump the Constitution.

 

Blanc,

No state has voted to allow same-sex marriage. Whenever it has come up for a vote of the people, it has been voted down - even in California. As far as the winds blowing, that hurricane-force wind you feel is liberalism about to get blown out to sea. Forecast is for it to make landfall on Nov. 2nd.

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Alamance: I had the same reaction to the popcorn thing. The image I get is of the council showing this guy the door, meanwhile the Cubmaster is off in the corner pleading, "But I still get to keep him as my Popcorn Kernel, right? Right?"

 

Perdidochas: You should tell your son not to worry, the BSA probably gets sued several times a month. (Usually over injuries, not membership issues.)

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