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The Constitution on Scout's Honor:
The First Amendment and the Boy Scouts

On Tuesday, February 3, 2004, The Federalist Society's Civil Rights and Free Speech Practice Groups hosted a panel discussion at the National Press Club in Washington, D.C. on the recent developments in Connecticut with regard to the Boy Scouts of America. The webcast of this event can be viewed by clicking on the links below. Read more.

***A transcript of this event is now posted. To read it, click here.

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Introduction
Dean Rueter
, Director of Practice Groups, The Federalist Society

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Remarks by:
Hon. Walter Dellinger, O'Melveny & Meyers and former Solicitor General

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Remarks by:
George Davidson, Hughes Hubbard & Reed, LLP, Legal Counsel for Boy Scouts of America

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Remarks by:
C. Joan Parker, Assistant Commission Counsel, Connecticut Commission on Human Rights and Opportunities

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Remarks by:
Prof. Jonathan Turley, George Washington University Law School

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Remarks by:
Erik S. Jaffe, Law Offices of Erik S. Jaffe

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Question & Answer Session

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The State of Connecticut and the U.S. Court of Appeals for the 2nd Circuit have concluded that, while the Boy Scout Oath is "constitutionally protected," it is also discriminatory against homosexuals, and thus they may exclude the Scouts from Connecticut's annual employee fundraising campaign benefiting 900 charities. To counter this exclusion, the Boy Scouts have asked the U.S. Supreme Court to review the Connecticut decision.

Have the Boy Scouts' freedom of speech and freedom of association rights been violated in this case? Does Connecticut's decision conflict with Boy Scouts of America v. Dale? Or does Connecticut have the right to exclude the Boy Scouts from its fundraising campaign based on the Boy Scouts' practices of excluding those who disagree with their moral beliefs? A panel of experts will debate these questions and consider other instances in which the Boy Scout councils have been banned or their public participation limited because of the Scouts' policy on homosexuals.

The panel for the event included:

The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of government powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks to promote an awareness of these principles and to further their application through its activities.

Copyright 2006 on behalf of the Boy Scouts of America