To: epicure who wrote (27 ) 7/28/2006 7:01:07 AM From: Ilaine Read Replies (2) | Respond to of 1695 I am not up for an argument on this but would like to point out that "protected class" has to do with state action. The Boy Scouts, not being any governmental body, can discriminate all they want, unless they violate some law. (For non lawyers, that means a civil rights law. Federal civil rights laws prohibit discrimination against the following classes: race, religion, national origin, gender (male vs. female), age, disability, and pregnancy. Note that homosexuality is not something federal law protects.) It may well be that living where you are, there are laws against discriminating against people on the basis of sexual orientation. But that's simply not so in most of the country. We see this playing out everywhere in the country in the gay-marriage-law litigation. I don't keep a close watch on it but occasionally the topic comes up on, say, NPR, where I learned yesterday that no state in the union allows gay marriage but Massachusetts, and so far all the laws have withstood judicial scrutiny. Seems to me that if it's legal for governments to discriminate against homosexuals, it's even more legal for non-governments to discriminate against homosexuals, except in places like San Francisco, where the law prohibits such discrimination. Maybe sexual orientation should be a protected class, but it's not. We've had similar discussions before, so I don't really want to keep arguing this with you, just pointing out that I don't believe you're correct on this, and we can agree to disagree. (As others may not know, yes, I am a lawyer, not just by training but by occupation, and I don't advise clients to take legal positions which will be expensive and losing positions in litigation. Let the activists be the shock troops, that's not for lawyers. Lawyers do the mopping up. Example, Thurgood Marshall, who never took a case he couldn't win, which meant waiting for the right moment to come. He didn't create the moments, they came to him.)