Duty to God
Brent Jensen (bjensen@ENOL.COM)
Sun, 5 Oct 1997 14:07:25 -0700
In addition to what Bruce Cobern had to say, let me add the following:
The case of Katrina Yeaw was decided on June 2, 1997. Katrina (read "her
father") sued the BSA to allow her to join based upon the Unruh Civil
Rights Act (Ca. Civ Code, section 51). Citing extensively from Welsh v.
Boys Scouts of America, 787 F.Supp 1511 (N.D. Ill. 1992), aff.'d 993
F.2d 1267 (1992) and Ibsister v. Boys Club of Santa Cruz, 40 Cal.3d 72
(1985) the Third Appelate District of California denied Kartina's claim,
holding that the Boy Scouts is not a business covered by the Unruh Act.
In denying her claim, the California Third Appellate court had the
following to say:
"We do not construe the Act to require the Boy Scouts to abandon
principles 'which have stood the test of time, having endured for more
than eighty some odd years. The very purpose of the private club
exception is to preserve the right of truly private organizations to
maintain their unique existence.' Welsh, supra 993 F.2d at p. 1277).
"'When the government . . . seeks to regulate the membership of an
organization like the Boy Scouts in a way that scuttles its founding
principles, we run [sic] the risk of undermining one of the seedbeds of
virtue that cultivate the sorts of citizens our nation so desparately
needs.' (Welsh, supra, 993 F.2d at p. 1278.)" Yeaw v. Boy Scouts of
America, slip opinion at 22 (Ca. 3d App. Ct., June 2, 1997).
In deference to the non-legally inclined I have omitted the finer points
of the Court's reasoning. Nevertheless, we can only hope that the
California Supreme Court has at least as much good sense as its Third
Appellate District Court.
Brent Jensen => email@example.com (PO Box 1444, Orem, Utah 84059-1444)
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