Re: Title IX extended to associations
Thu, 26 Mar 1998 22:24:32 -0500

The California Boy Scouts case was brought under state law:
California's Unruh Act. A recent New Jersey case brought under NJ
public accommodations laws found the opposite: that the Boy Scouts are
a public service/public accommodating and therefore cannot discriminate
against gays. Interesting how the Boys Scouts will be forced to admit
gays in some states. How will they then be able to justify their
discrimination in other states when they find out that it doesn't really
matter to their mission? K. Galles

Linda Purrington wrote:
> Does anyone know if the ruling on the Boy Scouts allowing exclusion of
> gays and atheists, etc., was on a brief containing the argument that the
> Boy Scouts could not discriminate against anyone protected by federal
> educational equity laws because the Boy Scouts use school faciliteis for
> meeetings in so many areas? --Linda Purrington Title IX Advocates
> <>
> wrote:
> >
> > I've been waiting for this body of law to develop. It's also going to come
> > up in the area of disability, where NCAA rules create siginificant barriers
> > to athletic participation by athletes who have LDs and who have been
> > accomodated - NCAA rules inherently question the legitimacy of their
> > academic achievement and abilities if their disabilities are accommodated
> > (e.g., alternative asessment).
> >
> > Most colleges and universities essentialy turn over teir policy making in
> > some areas to the NCAA. It really has become a quasi-gevernmental
> > body in that it develops rules that public colleges and universities must
> > obey if their athletic programs are to survive, and those same rues
> > govern the actions of private colleges and unviersities that receive
> > federal funding.
> >
> > <>

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