I Support the Right of the Boy Scouts to Discriminate Against Gays
. “What?” you might ask, adding, “Douglas, aren’t you supposed to be gay?” Yes, of course I am, as the many posts on this topic in my blog indicate. But I’m also a lawyer and an American citizen, and the United States Supreme Court made it clear in its 2000 Boy Scouts of America v. Dale decision that the Constitution’s first amendment protection of the right of association and freedom of speech allows private organizations to discriminate whenever they want. That’s clearly right. If I form an organization that bars homophobes I certainly don’t want the courts to say that I can’t discriminate on that basis. If someone doesn’t agree with my restriction, they can say I’m a bigot all they like, but they can’t join. Whether it’s moral or right for the Boy Scouts to ban gay scout members or leaders is a very different question than whether it’s legal to do so. Many organizations discriminate against gays (or blacks, Jews, women, atheists, etc.) including major religion