Clifford Rosky
, Associate Professor of Law at the University of Utah S.J. Quinney College of Law, was interviewed on February 6 by KUER on why the Boy Scouts of America have delayed a decision on whether to allow gays as members or leaders.
As the story pointed out, the U.S. Supreme Court has ruled the Boy Scouts of America are within their First Amendment rights to exclude gays from membership or leadership.
In response to an argument from the conservative Sutherland Institute that putting the decision into the hands of individual Scout sponsors would leave such churches or civic groups open to litigation, Rosky said, “And if someone were to try to enforce an anti-discrimination law against that group, they would cite the United States Supreme Court case and that would pretty much be the end of the matter. I think the litigation costs would be minimal. The claim would be dismissed.”
Click here to access the KUER story.