Boy Scouts Broke Law in Ousting Gay Leader, Judge Rules

State law prohibits the Boy Scouts from expelling a Scout leader after learning of his homosexuality, a Superior Court judge has ruled.

The Boy Scouts are a business, and as such they cannot discriminate on the basis of someone’s sexual preference, Superior Court Judge Anthony Joseph said.

The judge awarded former Explorer Scout leader Chuck Merino $5,000 in damages and ordered the Boy Scouts to pay his lawyer’s fees.

The Scouts, who have a national policy banning homosexuals from being leaders, are expected to appeal the decision.

“The principles of the Boy Scouts are not for sale and they will not change,” said the group’s lawyer, Michael Edwards.

Merino, 38, was expelled in 1992 and sued seeking reinstatement.

During the non-jury trial, Edwards argued that the Boy Scouts are a collection of volunteers rather than a business.

But the judge disagreed, ruling that the Scouts have commercial interests and are covered by the Unruh Act, the law that prohibits discrimination based on race, religion and sexual orientation.

During the trial in San Diego, Merino said he was never asked about his sexual orientation before becoming a leader in the program.