Should the Boy Scouts Allow Girls?
As civil rights attorneys, we’re often asked our views about subjects that touch on or relate to discrimination but are not necessarily illegal. For example, a friend of mine from high school recently referenced a piece the New York Times ran last week regarding a group of California girls attempting to persuade the Boy Scouts of America (“BSA”) to allow girls to join its membership.
The girls are not making a legal argument, and they probably don’t have one. Title IX of the Civil Rights Act, which was meant to prohibit gender discrimination in education, specifically carves out an exception for organizations such as the BSA. Please bear with me for a bit of personal, non-legal commentary, as I think this discussion is nonetheless very much related to our gender discrimination work. (more…)