Curran v. Mount Diablo Council of the Boy Scouts of America

Curran v. Mount Diablo Council of the Boy Scouts of America
Curran v. Mount Diablo Council of the Boy Scouts of America
Seal of California.svg
Supreme Court of California
Decided March 23, 1998
Holding
The Boy Scouts of America are not considered a "business establishment" and do not fall under the provisions of California's Unruh Civil Rights Act. Decision of the Court of Appeal is affirmed.
Court membership
Chief Justice
Ronald M. George
Associate Justices
Stanley Mosk, Joyce L. Kennard, Marvin R. Baxter, Kathryn Werdegar, Ming Chin, Janice Rogers Brown
Case opinions
Majority by: George
Joined by: Kennard, Baxter, Chin
Concurrence by: Mosk
Concurrence by: Kennard
Concurrence by: Werdegar
Concurrence by: Brown
Laws applied
Unruh Civil Rights Act (Cal. Civil Code § 51)

Curran v. Mount Diablo Council of the Boy Scouts of America, 17 Cal.4th 670, 952 P.2d 218, 72 Cal.Rptr.2d 410 (1998), was a landmark case which upheld the right of a private organization in California to not allow new members on the basis of their sexual orientation.[1] Its companion case was Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998).

In 1980, eighteen-year-old Tim Curran, an Eagle Scout, applied to be an assistant Scoutmaster in the Boy Scouts of America. Members of the Boy Scouts of America, however, had recently learned that Curran was gay after reading an Oakland Tribune article on gay youth which featured an interview with Curran. Based on his sexual orientation, the Boy Scouts of America refused to allow Curran to hold a leadership position in their organization.

Curran sued in 1981, alleging that the Boy Scouts of America's membership requirements amounted to unlawful discrimination under California's Unruh Civil Rights Act, which required "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments".

This case was ultimately decided in 1998, when the California Supreme Court ruled in favor of the Boy Scouts of America. The court held that that because the Boy Scouts of America was not considered a “business establishment” under the Unruh Civil Rights Act, it could not be required to change its membership policies so as to include homosexuals.

Psychiatrist and lawyer Richard Green was co-council for Curran.[2]

WikiProject Scouting fleur-de-lis dark.svg Scouting portal

References

  1. ^ Timothy Curran v. Mount Diablo Council of the Boy Scouts of America. Supreme Court of California. March 23, 1998. http://caselaw.lp.findlaw.com/data2/californiastatecases/s039738.pdf. 
  2. ^ West, Donald James; Green, Richard (1997). Sociolegal Control of Homosexuality: A Multi-nation Comparison. New York: Plenum. p. 152. ISBN 0-306-45532-3. http://books.google.com/books?id=AwD3FNUJjXwC&pg=PA152. 

External links

v · d · eBoy Scouts of America
 Issues

Wikimedia Foundation. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Curran v. Mount Diablo Council — Curran v. Mount Diablo Council, Boy Scouts of America est un procès qui s est tenu aux États Unis afin de décider si une organisation privée pouvait ne pas autoriser des membres du fait de leur orientation sexuelle. Sommaire 1 Historique 2… …   Wikipédia en Français

  • Uniform and insignia of the Boy Scouts of America — The uniform and insignia of the Boy Scouts of America (BSA) gives a Scout visibility and creates a level of identity within both the unit and the community. The uniform is used to promote equality while showing individual achievement. While all… …   Wikipedia

  • High-adventure bases of the Boy Scouts of America — are outdoor recreation facilities located in several locales in North America operated by the Boy Scouts of America at the organization s national level. Each facility offers wilderness programs and training that could include sailing, wilderness …   Wikipedia

  • List of national presidents of the Boy Scouts of America — National president Owner Boy S …   Wikipedia

  • Boy Scouts of America membership controversies — The Boy Scouts of America (BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists and agnostics from membership in its Scouting program, and prohibit avowed homosexual people from… …   Wikipedia

  • Boy Scouts of America — For the Boy Scouting division within the BSA, see Boy Scouting (Boy Scouts of America). Boy Scouts of America …   Wikipedia

  • Controverses sur Boy Scouts of America — Les controverses sur Boy Scouts of America (BSA), l une des plus grandes organisations privées de jeunes aux États Unis, portent essentiellement sur les règles visant à interdire l adhésion aux athées et agnostiques, mais aussi aux homosexuels,… …   Wikipédia en Français

  • National Scout jamboree (Boy Scouts of America) — Opening of the first jamboree, on the National Mall in Washington, June 30, 1937 The national Scout jamboree is a gathering, or jamboree of thousands of members of the Boy Scouts of America, usually held every four years and organized by the… …   Wikipedia

  • List of Eagle Scouts (Boy Scouts of America) — Eagle Scout Created …   Wikipedia

  • Cub Scouting (Boy Scouts of America) — Tiger Cubs redirects here. For infant felines, see Tiger#Reproduction. For the countries, see Tiger Cub Economies. Cub Scouting …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”