Subject: Re: NJ Judge and BSA

From: Scot Bear

Date: 11/19/95

BSA Court Ruling in New Jersey


TRENTON, N.J. (AP) -- A state judge, citing the biblical story of Sodom and Gomorrah as evidence that homosexuality is immoral, upheld the Boy Scouts' ban on gays. Superior Court Judge Patrick J. McGann found that the Monmouth Council of the Boy Scouts did not violate state discrimination laws when it expelled James Dale as an assistant scoutmaster in 1990 after learning he is gay.

The judge said the Boy Scouts is a private organization and has a constitutional right to decide who can belong. The Scouts' gay ban has been challenged several times but always upheld.

McGann wrote in the Nov. 3 ruling released Wednesday.

Dale's lawyer Evan Wolfson said Thursday it was

Wolfson said he may appeal. McGann did not immediately return a call for comment.

In his legal analysis, McGann cited the Bible:

he wrote.

McGann went on to write that

and that until 1979, it was considered a criminal act in New Jersey.

Dale, 25, said,

Dale, who was in the Boy Scouts for more than 12 years, is now a fund-raiser for a New York City drug rehabilitation center.

Richard W. Walker, the Boy Scouts of America national spokesman in Irving,Texas, said Dale had no business being a Scout.

McGann came under criticism in 1992 when he blocked a woman from getting an abortion after the man who impregnated her petitioned the court. An appeals court lifted the order.

Origin: STARCOM -- Fundies debunked, free-of-charge!