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Attorneys Clash Over Legal Status of Scouts

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An attorney for a homosexual seeking to become a Scout master argued Friday that the Boy Scouts of America is barred by state law from discriminating on the basis of sexual orientation.

The Boy Scouts violated the Unruh Civil Rights Act when it refused Timothy Curran’s request to lead a Scout troop, said attorney Jon Davidson of the American Civil Liberties Union. Curran, 28, was asked to leave the Scouts in 1980 because of his homosexuality.

Los Angeles Superior Court Judge Sally Disco heard closing arguments for the trial’s first phase to determine whether the Scouts is a business or a nonprofit organization free to promote its own philosophy. If Disco rules the organization is a business, a second phase will begin to determine whether Curran was discriminated against.

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George Davidson, attorney for the Boy Scouts, told Disco that the organization should not be required to admit homosexuals because homosexual conduct is not compatible with the Scout Oath and Law.

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