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Scouts unbowed by Berkeley bullies
Orange County Times ^ | Feb. 28, 2003 | Harold Johnson

Posted on 02/28/2003 2:36:31 PM PST by laureldrive

Edited on 04/14/2004 10:05:53 PM PDT by Jim Robinson. [history]

We think of the frontiers of freedom as being patrolled by the Army, Navy, Air Force and Marines. But these days, the Boy Scouts of America and affiliated groups also stand guard. In courtrooms across the country, they're resisting a domestic strain of tyranny - the totalitarian impulse to police thought and enforce a government-sanctioned orthodoxy on social and cultural issues.The Scouts are loathed by many self-styled progressives for transmitting a code of commitment, stressing God and country, that was supposed to be marginalized by now. But they're not giving in to bureaucratic bullies who try to force them to shed "outmoded" beliefs on matters of sex and social values. Lovers of liberty - even those who might disagree with Scouting's principles - should toast their tenacity for the First Amendment and the right not to be PC.This controversy was supposed to have been settled by the U.S. Supreme Court three years ago. In Boy Scouts of America v. Dale, a five-justice majority said that as a private, belief-based organization, the Scouts are free to craft their own membership rules; in particular, government can't order them to admit homosexuals as leaders. It follows that they're also within their rights to require that members profess a belief in God.But an alarming number of local and state officials refused to listen. In 2001, for instance, District of Columbia officials ordered the local Scouts to readmit two gays as adult leaders and pay $100,000 in damages. This decree was overturned by an appeals court, which noted that D.C. should take another look at Dale.Most of the current government assaults on the Scouts take the form of indirect coercion. There's shunning, as in San Francisco, where local judges are now barred from participating in Scouting. There's stigmatizing, as Connecticut and Portland, Ore., have attempted by excluding the Scouts from the charities that public employees may support through payroll deduction.There's also selective denial of public benefits. Berkeley leads the way by singling out the Sea Scouts for a fee to use the city's marina. After being permitted free use for 50 years, the Sea Scouts in 1998 were suddenly hit with a charge of more than $500 per month. No other nonprofit is required to pay to berth at the marina. The fee is imposed explicitly because of the Sea Scouts' affiliation with the Boy Scouts.High school teacher Eugene Evans, skipper of the Berkeley Sea Scouts' ship, pays the fee out of his pocket, so he can no longer cover membership costs for teenagers from poorer neighborhoods. Some have had to drop out.Unfortunately, a California court of appeal upheld Berkeley's punitive policy in November. The Sea Scouts have now asked the state Supreme Court to take the case. They cite the constitutional rule against "viewpoint discrimination" in the public sector. In other words, if Berkeley decides to offer free berthing to nonprofits - which it has done - it can't pick and choose recipients based on their beliefs or the beliefs of those they're associated with.Several recent "graduates" of the Berkeley Sea Scouts are now Marines stationed in the Persian Gulf. One of these young leathernecks is a plaintiff in the lawsuit against Berkeley's anti-Scout policy. All are following in a long tradition of Sea Scouts stepping forward in the nation's hours of need. More than 100,000 Sea Scouts volunteered after Pearl Harbor. Admiral Chester Nimitz reportedly said that the Sea Scouts were crucial to the Navy's ability to regroup after that disaster. But if Berkeley officials feel any remorse at targeting such a worthy group, they haven't revealed it.Today, the Boy Scouts' and Sea Scouts' fight is for the survival of a free and robust private sector, a sphere where all may choose their beliefs and affiliations without preclearance, editing or censorship by the state, and without fear of official discrimination or reprisal. For defending this basic principle of a free society, the Scouts deserve a hearty salute.


(Excerpt) Read more at 2.ocregister.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; US: California
KEYWORDS: berkeley; boyscouts; bsa; bsalist; firstamendment; seascouts
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Comment #41 Removed by Moderator

To: madg
..when they are open to all taxpayers, then taxpayer funds can be used...

I'm sure your condemnation is consistent, and fair. But, a question?

Are there any organisations currently funded by Berkeley, that aren't open to all taxpayers?

42 posted on 03/01/2003 1:58:28 PM PST by Byron_the_Aussie
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Comment #43 Removed by Moderator

To: madg
... a five-justice majority...

Read: "By the slimmest possible margin."

Wouldn't a one-justice minority be the 'slimmest possible margin', Madg?

44 posted on 03/01/2003 2:01:53 PM PST by Byron_the_Aussie
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Comment #45 Removed by Moderator

Comment #46 Removed by Moderator

To: madg
.."To Each His Own." That means that the Sea Scouts have to pay for berthing privileges....

Got a link for that, Madg?

I can't find anything, on Google. Thanks in advance, By.

47 posted on 03/01/2003 2:05:17 PM PST by Byron_the_Aussie
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To: madg
..I said I was gay... I didn't say anything about how I choose to behave...

Should we deduce anything, from your posts?

48 posted on 03/01/2003 2:07:15 PM PST by Byron_the_Aussie
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To: madg
..if taxpayer funds are used then it should be open to all....

Does that still hold, if the taxpayer funds are already being used preferentially?

49 posted on 03/01/2003 2:08:30 PM PST by Byron_the_Aussie
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Comment #50 Removed by Moderator

To: Rain-maker; chance33_98; laureldrive
Proud member Troop 386, sponcered by the Carmichael Elks Lodge. Our Committee Chair was Secret Service when we first joined. He is now retired but continues to serve our Troop.
51 posted on 03/01/2003 2:16:40 PM PST by farmfriend ( Isaiah 55:10,11)
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Comment #52 Removed by Moderator

To: madg; Byron_the_Aussie
Question posed to madg: "Are there any organisations currently funded by Berkeley, that aren't open to all taxpayers?

Answer by madg: I don't know,...

From the article above:

There's also selective denial of public benefits. Berkeley leads the way by singling out the Sea Scouts for a fee to use the city's marina. After being permitted free use for 50 years, the Sea Scouts in 1998 were suddenly hit with a charge of more than $500 per month. No other nonprofit is required to pay to berth at the marina. The fee is imposed explicitly because of the Sea Scouts' affiliation with the Boy Scouts.

53 posted on 03/01/2003 2:29:33 PM PST by HighWheeler
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To: madg
More importantly, if I myself cannot become a member of that group, then why should one penny of my tax dollars subsidize them?

Welcome to liberal America, pal. I am required through taxes to give to infinite causes that I, as a straight white male with no handicaps, could never participate in. Scholarships based on gender, race, handicap and sexual orientation all exclude me, and it is illegal for me to start my own straight-white-male-only alternative. Schools designed to cater to those groups all exclude me. Employment quotas are intended to limit my chances for a job. Government contracts that are allocated only to those specific groups. Hate crime laws virtually guarantee that if I get in an exchange of insults with a member of those groups, I will almost certainly be exposed to liability, while they will almost certainly not.

You want to whine about giving to the Boy Scouts, and base it on THAT logic?!?!? LOL!!

54 posted on 03/01/2003 2:31:34 PM PST by Teacher317
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To: madg
GLAAD and NAMBLA look like of a pack of lions on the outside gazing at a huge herd of young antelope in a fenced and federally protected reserve, complete with wardens protecting the herd.

The lions want to get at the antelope, they even have a huge Michael Jackson sized desire to try anything to get at those antelope, but that fence and those wardens are in the way and keeping them out.

The lions all know there is no way in hell they could create their own park reserve and persuade anyone who owns an antelope to put them alone in the lion controlled reserve. So the lions have figured that the only way they can get what they want is to get the fence taken down and have the wardens tied up, so they can get to those young antelope.

Bill of Rights be damned.

55 posted on 03/01/2003 2:36:46 PM PST by HighWheeler
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To: Teacher317
Hey Teach, he sure stepped in it, and I'll bet none of that logic will sink in...
56 posted on 03/01/2003 2:40:26 PM PST by HighWheeler
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To: Teacher317
........ and base it on THAT logic?!?!? LOL!!

ROFL.....Logic based on feelings and destructive morality are simple agenda driven mind games. To debate logic, both sides need to maintain a standard to reach a conclusive middle ground.

In this instance, the only standard available is rejected as readily as RowVSWade is accepted. Middle ground has been rejected time and again as the homo agenda is lobbied into law. A new protected class has emerged.

Logic has been purposely twisted to erase all standards.

Where's Commander Spock when you need him? :-)

57 posted on 03/01/2003 2:45:36 PM PST by JoeSixPack1 (POW/MIA - Bring 'em home, or send us back! Semper Fi)
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Comment #58 Removed by Moderator

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Comment #60 Removed by Moderator


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