Curran v. Mount Diablo Council of the Boy Scouts of America
Encyclopedia
Curran v. Mount Diablo Council of the Boy Scouts of America, 17 Cal.4th 670, 952 P.2d 218, 72 Cal.Rptr.2d 410 (1998), was a landmark case which upheld the right of a private organization in California
to not allow new members on the basis of their sexual orientation
. Its companion case
was Randall v. Orange County Council
, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998).
In 1980, eighteen-year-old Tim Curran, an Eagle Scout, applied to be an assistant Scoutmaster in the Boy Scouts of America
. Members of the Boy Scouts of America, however, had recently learned that Curran was gay
after reading an Oakland Tribune article on gay youth which featured an interview with Curran. Based on his sexual orientation, the Boy Scouts of America refused to allow Curran to hold a leadership position in their organization.
Curran sued in 1981, alleging that the Boy Scouts of America's membership requirements amounted to unlawful discrimination under California's Unruh Civil Rights Act
, which required "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments".
This case was ultimately decided in 1998, when the California Supreme Court ruled in favor of the Boy Scouts of America. The court held that that because the Boy Scouts of America was not considered a “business establishment” under the Unruh Civil Rights Act, it could not be required to change its membership policies so as to include homosexuals.
Psychiatrist and lawyer Richard Green
was co-council for Curran.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
to not allow new members on the basis of their sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. Its companion case
Companion case
The term companion cases refers to a group of two or more cases which are consolidated by a appellate court while on appeal and are decided together because they concern one or more common legal issues...
was Randall v. Orange County Council
Randall v. Orange County Council
Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 , was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establishments" as used in the state's Unruh Civil Rights Act and could...
, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998).
In 1980, eighteen-year-old Tim Curran, an Eagle Scout, applied to be an assistant Scoutmaster in the Boy Scouts of America
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
. Members of the Boy Scouts of America, however, had recently learned that Curran was gay
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
after reading an Oakland Tribune article on gay youth which featured an interview with Curran. Based on his sexual orientation, the Boy Scouts of America refused to allow Curran to hold a leadership position in their organization.
Curran sued in 1981, alleging that the Boy Scouts of America's membership requirements amounted to unlawful discrimination under California's Unruh Civil Rights Act
Unruh Civil Rights Act
The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation...
, which required "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments".
This case was ultimately decided in 1998, when the California Supreme Court ruled in favor of the Boy Scouts of America. The court held that that because the Boy Scouts of America was not considered a “business establishment” under the Unruh Civil Rights Act, it could not be required to change its membership policies so as to include homosexuals.
Psychiatrist and lawyer Richard Green
Richard Green (sexologist)
Richard Green is an American sexologist, psychiatrist, lawyer, and author specializing in homosexuality and transsexualism, specifically gender identity disorder in children. Green is the founding editor of the Archives of Sexual Behavior , and served as Editor until 2001...
was co-council for Curran.