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July 24, 2017

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

Morally Straight? Scouting`s Ban on Gays
Last Featured: 5/1/2000

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Overview

The New Jersey Supreme Court recently ruled that the Boy Scouts are not exempt from that state`s anti-discrimination laws and must permit a gay man to become a scout leader. The Court rejected the Boy Scout`s claim that their First Amendment rights to free association and speech permitted them to exclude those whose values were inconsistent with the Boy Scout tradition. Join us on this edition of Justice Talking as we discuss how courts balance the rights of speech, association and religion with mandates against discrimination.


Guests
John Eastman is a Professor at the Chapman University School of Law and the Director of the Claremont Institute Center for Constitutional Jurisprudence. Dr. Eastman was a law clerk for United States Supreme Court Justice Clarence Thomas, for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and was a litigator with the law firm of Kirkland & Ellis, in Los Angeles. Prior to becoming a lawyer Dr. Eastman earned his Ph.D. in Government from the Claremont Graduate School and served as the Director of Congressional & Public Affairs at the United States Commission on Civil Rights during the Reagan administration. In 1990, Eastman was the Republican nominee for Congress in California's 34th District.

Matt Coles is the Director of the ACLU's Lesbian and Gay Rights Project. Active in the lesbian and gay civil rights movement for more than 20 years, Coles wrote many gay rights laws and led the campaigns to pass them, including the nation's first domestic partnership ordinance in Berkeley, Calif., the first lesbian and gay civil rights law in San Francisco and California's statewide law barring sexual orientation discrimination. Coles was a main architect of the challenge to Colorado's anti-gay Amendment 2, which the U.S. Supreme Court struck down in Romer v. Evans and he recently argued two cases challenging the military's "Don't Ask, Don't Tell" policy in the Federal appeals courts.

Closing Quote
"Americans of all ages, all conditions and all dispositions constantly form associations. . . Nothing in my opinion, is more deserving of our attention than the intellectual and moral associations of America. If men are to remain civilized or to become so, the art of associating together must grow and improve in the same ratio in which the equality of conditions is increased."

— Alexis de Tocqueville

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
American Civil Liberties Union (ACLU)
Claremont Institute Center for Constitutional Jurisprudence
Scouting for All
Lambda Legal Defense and Education Fund
The Boy Scouts of America
Youth Assistance Organization
Speakout.com: Anti-Discrimination Laws to Protect Gays
American Civil Liberties Union: Lesbian and Gay Rights
Gays in Boy Scouts of America: Curran v. Boy Scouts
Syllabus of Dale v. Boy Scouts
Lambda Resources: Dale v. Boy Scouts of America
Boy Scouts' Victory is a Victory for Freedom (Washington Post op-ed) by John Eastman
Petition Brief (pdf format 62 KB)
Merits Brief (pdf format 99 KB)
Gaylaw : Challenging the Apartheid of the Closet
by William N. Eskridge
The Constitutional Underclass : Gays, Lesbians, and the Failure of Class-Based Equal Protection
by Evan Gerstmann
Race and the Justice System
Employment Discrimination Post-Ledbetter
The Women's Equality Amendment