The New York Times
December 21, 2002
California May Bar Judges from Joining the Boy Scouts
By ADAM LIPTAK
The California Supreme Court is considering a proposal that would forbid the 1,600 judges in the state to belong to the Boy Scouts because of its refusal to accept gays.
California judges are prohibited from joining groups that discriminate based on sexual orientation, but nonprofit youth organizations are exempt. The Supreme Court took up the proposal to consider changing the rule at the request of bar associations in San Francisco and Los Angeles.
A spokesman for the Boy Scouts of America reacted with outrage to the proposal, which was announced on Thursday.
"It would be wrong, inappropriate and unconstitutional," the spokesman, Gregg Shields, said. "The proposed policy would be just as inappropriate as a policy forbidding judges from being Roman Catholic or Baptist or Orthodox Jewish or any of numerous faiths which share the Boy Scouts' views."
A handful of other states expressly prohibit judges from membership in organizations that discriminate on the basis of sexual orientation. But the question of applying those rules to the Boy Scouts does not seem to have arisen in those states.
The California proposal would change rules in the state's Code of Judicial Ethics. The exemption of "nonprofit youth organizations" was tailored to the Scouts, Chief Justice Ronald M. George said in an interview.
"The Boy Scouts do a lot of terrific work," said Angela M. Bradstreet, a former president of the San Francisco bar association who is the leading proponent of the proposal. "But it is inappropriate for any judge to be a member of any organization that practices invidious discrimination."
Chief Justice George said the topic aroused strong feelings among judges.
"There are many individuals in the judiciary who have been active in the Boy Scouts and who feel their First Amendment rights of association should allow them to maintain their loyalty to the scouts," he said.
Other judges, he added, believe that the Scouts practice unacceptable discrimination.
"Rather than dismiss it out of hand," the chief justice said about the proposal, "we decided we would engage in some study."
In 2000, after the United States Supreme Court decided that the Boy Scouts could decline to accept gay members, an appeals court judge in California, James R. Lambden, resigned from the organization. Staying in scouting, Judge Lambden wrote, was "ethically questionable for judges everywhere."
Last July, Superior Court judges in San Francisco announced that they would cut all ties to the Scouts, exempting local branches that disavowed the national policy on gay members.
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