Barnes-Wallace

ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT

In 2000, the Boy Scouts of America prevailed in its efforts to exclude from its

membership an accomplished assistant scoutmaster because he identified himself as gay in public at a non-Scouting event. The United States Supreme Court held that the Boy Scouts of America, as a private, expressive organization, had a federal constitutional right to exclude from its membership individuals whose inclusion would “significantly affect the Boy Scouts’ ability to advocate public or private viewpoints.” Boy Scouts of America v. Dale, 530 U.S. 640, 650 , 120 S.Ct. 2446 , 147 L.Ed.2d 554 (2000). Those protected, private viewpoints include an anti-homosexual, anti-agnostic and anti-atheist stance. In addition to holding these views, the Boy Scouts displays intolerance toward individuals who identify themselves as homosexual, agnostic or atheist by denying membership to or revoking the membership of gay and nonbelieving individuals. Despite its long-held discriminatory views, the organization has maintained a long-standing relationship with public entities including local and state governments. Id. at 651-53 , 120…