Last week or so, the Boy Scouts reaffirmed a ban on openly gay youths and adults becoming scouts and leaders. The Supreme Court had previously argued - in 2000 - that they were free to do so under the assembly clause of the Constitution (BSA v. Dale). This challenge to the policy comes in the wake of a sea change in attitudes about gays and lesbians, but the challenge failed.
Since you are looking at civil liberties and civil rights this week, this case provides us a good opportunity to look at how these intersect. One on hand, the Boy Scouts - as an organization - claim the right to assemble as they choose (with and without whomever they choose) and they are protected by First Amendment language that restricts them from governmental interferences.
On the other hand, the Constitution also contains language that mandates that people not be denied the equal protection of the law. The scouts get benefits from government, and if they discriminate they may be subject to losing those benefits.
I want you to look - narrowly - at the Constitutional issues associated with this case and try to figure out how the courts are interpreting constitutional language in order to determine how to reconcile the competing claims of liberty and equity in this case.
This might give you a good start:
- Constitution Check: Do the Boy Scouts . . .
As with other assignments, I;m far less interested in your personal opinions on the case than in your ability to understand how the courts wrestle with constitutional language in order to address this issue.
