Magazine article The Advocate (The national gay & lesbian newsmagazine)

Scouting for a Decision

Magazine article The Advocate (The national gay & lesbian newsmagazine)

Scouting for a Decision

Article excerpt

Justices will hear the case against the Boy Scouts' policy against gay men

Many legal observers groaned when the U.S. Supreme Court agreed January 14 to hear an appeal of a New Jersey court ruling requiring the Boy Scouts of America to comply with a state law banning antigay discrimination in public accommodations. To them, the only reason the high court had to hear the case was to overturn the state court ruling.

But Evan Wolfson, who will argue the gay rights case before the court, is keeping a stiff upper lip. "I don't believe that the court's decision tells us anything about which way the court is leaning," insisted Wolfson, senior staff attorney at Lambda Legal Defense and Education Fund. "We don't know which four justices voted to hear the case, and we don't know why. They could still go either way."

Wolfson points out that doomsayers misjudged the same court in 1996, when it voted 6-3 to strike down a Colorado constitutional amendment banning the adoption of gay rights measures. …

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