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March 09, 2004

Judicial Restraint Protects Gay Rights

The Supreme Court decided not to do something yesterday.

Which was a major win for gay rights.

Just as when the 2nd Circuit decided not to act last year meant that gay rights were protected.

In 2000, the state of Connecticut decided to eliminate the Boy Scouts of America from their list of approved charitable groups for government employee deductions because BSA discriminates against gays.

The Boy Scouts sued, arguing that the courts should overrule the state government's decision. They based their appeal on a Supreme Court decision in 2000 which struck down New Jersey anti-discrimination statutes which had required the Scouts to admit gay members.

That act of judicial activism by the Supreme Court was a blow to gay rights, which had won important that important victory in New Jersey. Because of that Supreme Court decision, no matter how gays succeed in politics, the Court will protect the right of bigots like the Boy Scouts to discriminate against gays.

But at least those same courts won't force governments to give those bigots access to government resources to raise money.

Posted by Nathan at March 9, 2004 04:33 AM