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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures." -- Daniel Webster
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Tuesday, June 17, 2003 :::
In the Washington Post, an op-ed from vice president of the Institute for JusticeGays and Lesbians for Individual Liberty, represented by my organization, the Institute for Justice, submitted a brief disdaining the Boy Scouts' discriminatory policies but defending their right to maintain them. The brief argued that "[w]hile a creeping infringement of [freedom of association] would harm all Americans, it would particularly threaten the welfare of gay and lesbian Americans, who have historically suffered when government has not respected citizens' right to gather together free from government harassment." It seems to me that what he asks for now is a broader reading of freedom of assembly than is maintaining membership rules for an organization, but I'd like to believe there are grounds for overturning the law. It would be less abusive than Roe v. Wade, though we should surely hold the court to a higher standard than that.The problem here is that the only feature that makes this "association" is that it involves more than one person; it would only be provocative of me to suggest that gang rape could be justified on these grounds, but in all sincerity I'm not sure how this is unconstitutional and the minimum wage is not.
::: posted by dWj at 3:59 PM
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