Personally

Scouts, gays, and the illogic of the law

by Dan Kennedy

The Supreme Court's decision to uphold the Boy Scouts of America's ban on gay leaders was disturbing to anyone who cares about discrimination. As the assistant leader of my son's Cub Scout den and a former scout, I find myself in the uncomfortable position of belonging to an organization whose official tenets include beliefs I abhor.

Just as troubling, though, was some of the illogical reasoning used by the Court in its narrow, five-to-four decision.

First, the Court upheld the BSA on the grounds of its right to free association under the First Amendment. The analogy that has been used is that of the South Boston Veterans Council, which was upheld by the Supreme Court several years ago in its bid to ban a gay organization from its St. Patrick's Day parade. But there's a crucial difference. The veterans sought to exclude an explicitly pro-gay message. The Boy Scouts, on the other hand, dismissed a gay assistant scoutmaster, James Dale, simply because of who he is. That's far more pernicious and frightening.

Second, the Court took at face value the BSA's contention that its anti-gay policy is supported by the members. This is plainly ridiculous. In fact, the policy is promulgated mainly by scouting's unelected leaders in Irving, Texas. Parents of scouts nationwide have never been asked, and I'll bet that if they were, the results would favor overturning the policy. Many scout groups are sponsored by religious organizations that abhor homophobia, or by public-school parent organizations that must strictly adhere to a policy of non-discrimination. Rather than being hypocritical, this is a tacit acknowledgment that local scout leaders do not necessarily toe Irving's line.

Indeed, shortly after the Court's ruling, Boston scout official Brock Bigsby told the Boston Globe: "In the Boston area, we don't inquire into people's sexual orientation. Our leaders are selected by committees of scout parents that pick the best qualified to lead their kids." Live and let live, in other words.

Bigsby had just better hope he doesn't get called down to Irving and ordered to drink the Kool-Aid.