Court Shouldn’t Revisit Decision on Scouts
Re “Court Weighs Barring Judges From Scouting,” Dec. 21: Like other citizens, judges are permitted to participate in religious organizations and nonprofit youth organizations like the Boy Scouts. Religious beliefs are protected by the constitutional right to freedom of religion. Membership in the Scouts is protected by the constitutional rights to freedom of association and freedom of speech.
The politicized bar associations of Los Angeles, San Francisco and Santa Clara suggest that judges should be required to forgo these constitutional rights as a condition of judicial office. In support of their position, they cite a report that found that half of gay and lesbian litigants felt they had not been treated fairly by the courts. Of course this also means that half of gay and lesbian litigants felt they had been treated fairly.
In other words, the report reaches the entirely unremarkable conclusion that gays and lesbians are the same as any other litigants. Half of all litigants lose their cases and are disappointed. It is outrageous to suggest that this truism justifies abrogating the Constitution.
Robert A. Philipson
Attorney
Santa Monica
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