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Originally Posted by sgtdmski  Membership in the JROTC program is a right, the right of free association by the members. You have yet to refute this claim. | Actually, I have yet to see the claim proven. No legal citation on the issue.
And moreover, I see no way in which this "right" is actually impinged upon.
Are the JROTC members forbidden from being in JROTC? No.
Are they in any way punished for being in JROTC? No.
The only issue is whether or not JROTC can assemble on school property.
The kids are still free to "associate" with JROTC, so it's questionable as to whether your claim of a "right" is even being impinged upon. Quote: |
Originally Posted by sgtdmski Are we to say that the children of San Francisco should be denied this right by the School Board? Is it within their power to deny this right? | Above are some questions as to whether or not it is a right in the first place, but let's move on to another aspect of considering this a "right" that I previously discussed.
If it is a right of association, then does JROTC have the right to exclude GAY members from associating.
Actual CASES on freedom of association would hold my logic as sound... The holding of Runyon (Runyon v. McCrary, 427 U.S. 160 1976) is that the defendant private schools were free to express and teach their views, such as white separatism, but could not discriminate on the basis of race in the provision of services to the general public. So if the plaintiff African-American children wished to attend such private schools, and were clearly qualified in all respects (but race) and were able to pay the fees, and were willing to attend despite the fact that the schools strongly disliked them, then the schools were required by Section 1981 to admit them. The general rule to be drawn from this is that the First Amendment protects the right to express, including expression of racial discrimination, but people may not practice such ideas even within private associations. Freedom of association - Wikipedia, the free encyclopedia
If you claim a freedom of association, then that brings up the issue of whether or not gays can be forbidden from membership. If a gay person is willing to put up with the statements of policy of the military, it is entirely possible that freedom of association could protect his membership.
Careful of what you claim is a "right", because it just may come back to bite you in the ass... "(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
"Please don't judge others by your own standards."
-- Garysher  |