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To: Angry Republican
"How ya figure?"

In Dale vs. BSA, the Monmouth County Council of the BSA, in New Jersey, cancelled the registration of James Dale as an Assistant Scoutmaster. It did so because Mr. Dale had stated in a newspaper article that he was homosexual, which the BSA determined violated it's proscription against having "avowed homosexuals" as leaders. Mr. Dale sued the BSA, seeking to be reinstated. The BSA won in the lower and appellate courts, but lost in the New Jersey Supreme Court when it found that New Jersey's anti-discrimination laws overrode all other considerations. The U.S. Supreme Court reversed this decision on appeal. It seems to me that if this bill had been law prior to that case, it would have forbidden the case from being heard by the Supreme Court and thus the decision of the New Jersey Supreme Court would have stood.

68 posted on 12/23/2004 8:30:04 AM PST by RonF
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To: RonF

It seems to me that if this bill had been law prior to that case, it would have forbidden the case from being heard by the Supreme Court and thus the decision of the New Jersey Supreme Court would have stood.
You are correct.

But you must consider:


69 posted on 12/23/2004 8:33:35 AM PST by Ed Current (U.S. Constitution, Article 3 has no constituency to break federal judicial tyranny)
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