Boy Scouts of America Lawsuit – A Brief History (from my perspective)

A friend wrote to me:

“I wanted to ask you from a LGBT point of view why it seems important to try and change the Boy Scouts policies when they obviously are so against it versus Those leaving the Boy Scouts of America?and boycotting it for these reasons and making a new organization? I basically want to know if there is something im missing, because it just seems easier to create something not already set in stone yaknow?

This was my response.

In the late 1980s, Chuck Merino, an El Cajon, California police officer, started a group under the Boy Scouts of America ?umbrella for at-risk teens. Called “the Explorers”, the class met once or twice a week at a high school in El Cajon. They had motivational speakers, classes, etc., mostly from low-income, at-risk backgrounds. El Cajon is about 40 minutes East of San Diego. It’s hot and poor and miserable. Teens there have it rough, so a program like Chuck’s was important and did a lot of good. Through this program, Chuck helped hundreds of kids.

On a summer night in 1992, around 10PM or so, I was standing out in front of SOHO Tea and Coffee in Hillcrest, a San Diego suburb just north of downtown – the gay section of town. I was standing out in front of the place, chatting and smoking with my friends like we did almost every night. One of my friends, 17-year-old John Weir, had parked his car in the alley around the corner. On his way to meet up with us, he was jumped by some gay bashers. He was stabbed in the neck. He made it as far as where we were standing, but then he went down on the sidewalk. He died at the scene. The gay bashers got away.

This was the latest in a string of gay bashings and people were very upset.

Chuck, who by then was a friend of mine, started an effort to get the San Diego police department to set up a sub station mobile unit (basically, a police station inside a tour bus). As part of the effort and to help get community buy-in on the sub station, he gave different talks throughout the Hillcrest neighborhood at community centers, including the LGBT Community Center. The Boy Scouts of America ?got wind of it, asked him if he was gay, and when he didn’t deny it, they fired him from the Scout Explorer program he started.

Chuck took the Boy Scouts of America ?to court – not for being homophobic bigots, which they are certainly guilty of being – but because they were using a public accommodation (the high school in El Cajon) and as such, were subject to certain rules, which they violated. You can’t use city property and discriminate the way they did.

Chuck won the first round, but he lost on appellate level. It went all the way up to the Supreme Court, but they declined to hear the case. So that was the end of that.

The court has ruled that the Boy Scouts of America ?is a private organization and private organizations can exclude gay people if they want since we gay people are not a protected class of people, according to the Civil Rights Act of 1964. (Not being a protected class means that, at the time of this blog post, people in many states are routinely fired by good Cristian bosses who think that employee might be gay; at present these people have no legal recourse.) It is important to point out that the court never said that the BSA was right or justified in their discrimination, but simply that they were ?allowed ?to discriminate. Some judges called the organization’s practices “loathsome” while still ruling in favor of the organization.

Chuck’s lawsuit was the first of it’s kind against the Boy Scouts of America ?over their anti-gay bigotry.

I’m dismayed when friends sign up their kids for Boy Scouts because then it means I have a decision to make: whether or not to share this story, dredging up the past, taking an overt and very unpopular stance and basically implying (perhaps unfairly) that if they had a shred of empathy then they’d make the same decision. ?I don’t like putting people in that position. Perhaps, in the future, I’ll just send people a link to this post and let that be the end of it.

Regardless, I’m certainly not on any mission to change the Boy Scouts of America; a bigoted organization with a shameful history. They can do what they want. However, if they use a public accommodation, like a high school or a park building or some other special deal or privileged arrangement, that’s not OK and the courts have agreed with me on that point. In all such cases involving favoritism in regards to a public accommodation, I think they should be banned in favor of non-bigots.

On the other hand, I have had friends who have been beaten, some killed, by gay bashers. Gay bashers are usually guys in their late teens or early twenties. These men do not learn hate from a book or a movie. They learn it from bigots, like the ones in charge of the Boy Scouts of America. They are taught that gay people are not “morally straight“, that we are against God, that we cannot be truly Christian, that we’re all going to Hell, that we all have AIDS, that we molest children, and all sorts of other horrible shit. They are taught these things from people who should know better – people like those in charge of the Boy Scouts of America. And then these kids go and kill my friends.

The Boy Scouts of America can go to hell.

Tim’s voting guide

By popular request, here’s my voting recommendations for those of you who haven’t already early voted.


San Francisco Bay Guardian Harvey Milk Democratic Club Democratic Party Tim Wayne
Prop 30 Yes Yes Yes Yes Prop 30
31 No No No 31
32 No, No, No No No No 32
33 No No No No 33
34 Yes, Yes, Yes Yes Yes YES 34
35 No No Yes No 35
36 Yes Yes Yes Yes 36
37 Yes Yes Yes Yes 37
38 Yes No No YES 38
39 Yes Yes Yes Yes 39
40 Yes Yes Yes Yes 40
A Yes Yes Yes Yes A
B Yes Yes Yes B
C Yes Yes Yes Yes C
D Yes Yes Yes D
E Yes Yes Yes Yes E
F No, No, No No No F
G Yes Yes Yes Yes G
District 5 Supervsor 1. Rizzo
2. Selby
(Julian Davis
endorsement withdrawn!)
Davis 1. Selby
2. Rizzo
District 5 Supervsor
State Legislative Offices Leno
State Legislative Offices

Na No Wri Mo

I am going to participate in Na No Wri Mo this month. However, instead of writing a thousand words for a novel, I am going to write a nice blog post about something relevant. Luckily, I’ve been so bad at keeping my blog updated this past year that I have plenty to write about.

Over the next couple of weeks, I plan to write:

  • a guide for Timeline images on Facebook
  • why nobody should rely on Facebook Like pages to get their message out to their constituencies
  • NationBuilder best practices (as I see them)
  • my take on the hissyfit temper tantrum thrown by many Democrats and liberals against NationBuilder for their deal with the Republican Liberty Caucus
  • my voting recommendations (I’ll probably do this one first)
  • my Disneyland and Disney California Adventures trip, and
  • Hamburger Mary’s in West Hollywood.

My goal is to blog at least once every day.

Wish me luck!

Boycott the Left!

The people on the left side in this chart are spending $25 million to prevent YOU and ME from knowing what is in our food. This is anti-consumer. They SUCK and you should join my BOYCOTT of them. More information here.

Boycott the left … side of this chart!

(Sorry for the play on words – I’ve never had an opportunity to say “boycott the left” so I couldn’t pass it up.)

My favorite belt

In the mid-nineties, I borrowed this belt from a friend. I liked it so much he let me keep it. I’ve loved this belt for a long time. Yesterday, my dog ate half of it and turned it into poo.

I still have the buckle, which is, I suppose, the important part. As you can see, the belt has no prong. This is extremely uncommon and what makes this belt super awesome and the best belt I’ve ever worn. I’ve never been able to find another quite like it. I’d look on the internet for a replacement, but the Internet is a sea of prong belts.

I can replace the leather part at any of those freaky leather bondage places down in Folsom. But in the interim, I’d like to get another one of these exact belts.

So, my question to all of you: Do you know what these types of belts are called?

Faire photo before / after

Some of the Faire photos I’m seeing on the Sea Dog group have that dual-exposure problem when half the group is in sunlight and the other half is in shade. You either get overexposure of the people in sunlight or (more often) underexposure of the people in the shade. I did five minutes of clean-up on this one and was able to pull out a lot of details from the shadow. If I had the full-resolution version to work with, I would have done a lot better, but this was a test.

(OK, it looks like the handle on my slider has stopped working. Look for the green sliver in the middle – you can grab on that and slide it back and forth.)