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Originally Posted by
gunnarthor
Here's where Boy Scouts became an ACLU issue. As a general rule, First Amendment association rights do not trump state anti-discrimination laws. It's actually a pretty easy decision.
You know, last I checked, the consitution was the supreme law of the land. No state law should trump it. While I'm well aware that states and courts have no problems tossing aside the constitution as needed, I'm more bothered that you seem to think it's OK.
Quote:
Originally Posted by
gunnarthor
The Courts have invalidated discriminatory practices in many different private organizations including private schools, labor unions, non profit organizations and even law firms. One of the major cases actually came from MN - US Jaycees v. Roberts. The Jaycees tried to exclude women from membership in their private group but it ran into conflict with a MN anti discrimination law. The US Supreme Court upheld the state law and required the Jaycees to allow women into their organization. The standard for permitting a private group to discriminate in violation of state law came down to being able "to show that it is organized for specific expressive purposes and that it will not be able to advocate its desired viewpoints nearly as effectively if it cannot confine its membership to those who share the same sex, for example, or the same religion." Thus, the KKK could legally exclude black members b/c a black man in white sheets would significantly alter how their message would be received.
I'm no fan of the KKK, but like everyone else in this country, they have a right to their opinions and a right to organize around them so long as they are not imposing on the liberties of others. All groups are by nature exclusive. Using this logic, you can justify forced integration of women into the NFL, or fraternites, forced integration of men into sororities. Forced integration into professional groups, and everything in between. This idea that everyone should be able to be a member of whatever they choose is foolish, but the day this country stops allowing like minded individuals to organize and share ideas is a sad day for this country.
Quote:
Originally Posted by
gunnarthor
The Boy Scouts case went to the Supreme Court. To win, the Scouts would have to show that allowing homesexuals would change the Boy Scouts "ability to engage in its protected activities or to disseminate its preferred views.” The Supreme Court actually did side with them, although I think the dissent by Justice Stevens was sounder. But that's a pretty easy case for the ACLU to take.
I would think that for the ACLU to win, they'd challenge it on the tax deduction ground, which like others, I'm more likely to get behind. But that is dangerous ground too... The better solution would be to significantly shrink the size of the federal government and its wars without end so that we no longer need an income tax. Then that problem solves itself.