Date: 	Fri, 14 Jul 1995 09:38:58 -0700
From: "Kraig R. Meyer" 

The Summer 1995 newsletter from the Lambda Legal Defense fund provides
updates on two cases involving the BSA and gays.  (To help support
Lambda's work, you can send a check to LLDEF, 666 Broadway, New York, NY
10012-9849).

Dale v. BSA (New Jersey).  Status: No Change; awaiting decision on
Motions.  In Dec. 1994, the trial court heard summary judgement
arguments in...the first [case] filed under the state-wide New Jersey
gay and lesbian civil rights law.  Lambda represents James Dale, an
Eagle Scout, who was invited to become an Assistant Scoutmaster before
his twelve-year involvement with the Scouts came to an abrupt end.  When
a local newspaper ran an article picturing Dale at a seminar on the
psychological and health needs of lesbian and gay youth, he received a
letter from the Boy Scouts revoking his membership simply because he is
gay.


Curran v. Mt. Diablo Council of BSA (California).  Status: No change.
The California Supreme Court granted review in this case involving Tim
Curran's long standing challenge to anti-gay discrimination by the Boy
Scouts of America but has put a hold on the appeal pending its ruling in
a related case, Warfield v. Peninsula Golf and Country Club, a challenge
also under the California anti-discrimination law to a policy of
male-only membership at a country club, which was argued before the
court in April by [Lambda attorney] Jon Davidson.  [As someone else
noted, this country club lost this case in the Summer of 1994].

Lambda had filed an amicus brief in support of review by the supreme
court of a terrible lower court decision in Curran, which had concluded
not only that BSA's asserted First Amendment rights of expression and
association trump any state interests in eradicating discrimination, but
also that BSA is not even covered by the state's anti-discrimination
law.  When the supreme court granted review, it vacated and depublished
the lower court ruling.