NH Lawmaker Wants State AG to Resign Over Homosexual Lawsuit

By Jerry Miller | July 7, 2008 | 8:26 PM EDT

(CNSNews.com) - A New Hampshire lawmaker is calling for the resignation of the state's attorney general after the AG's decision to take the side of a homosexual former Boy Scout leader whose case was heard this week by the US Supreme Court.

Attorney General Philip McLaughlin is one of 10 state attorneys general to involve their states in the lawsuit brought by James Dale, who once served as an assistant scoutmaster in New Jersey. Dale was dismissed by the Boy Scouts of America when they learned he was homosexual. At the time, Dale was a student at Rutgers University in News Brunswick, NJ and had been elected as a co-president of a homosexual rights group.

New Hampshire's top lawyer confirmed on Wednesday that he had filed a friends-of-the-court brief in the case, Boy Scouts of America v. James Dale.

In the end, the Supreme Court's ruling will determine whether the Boy Scouts and other scouting groups can deny homosexuals positions of leadership in the scouting movement.

"I will be calling for his resignation," said Republican State Representative Gary Torressen. "In my opinion, he is not upholding his oath as attorney general."

The New Hampshire Legislature already has approved a bill that ended the ban against homosexual adoptions as well as homosexuals serving as foster parents. This year, Torressen sponsored a bill that would have reinstated the ban. The legislation was rejected.

For his part, McLaughlin insisted he would not be changing his position, insisting he has a "strong view" when it comes to discrimination. "This is one of the bedrocks of American democracy. We do not discriminate."

"This case is about whether you are to be judged by your conduct or by who you are," McLaughlin added. "So much for those people who think this is a conservative state that doesn't care about civil rights issues...New Hampshire is a state where you live and let live and don't judge people by who they are, but by how they behave."

McLaughlin said he decided to involve the state in the litigation after he spoke with his counterpart in New York State. Following the discussion, McLaughlin said he found Dale's argument to be "compelling."

McLaughlin's involvement was also the subject of an editorial in the Manchester Union Leader, New Hampshire's largest newspaper.

"Dale might want to be a scoutmaster, but he doesn't have the right to the post if the Boy Scouts don't want him. The Boy Scouts should be allowed to disassociate themselves from Dale.

"All the Boy Scouts are asking for is the right to have leaders who reflect the traditional values of the organization. Maybe a scoutmaster living out of wedlock with a woman wouldn't pass muster, either. They should be allowed to get rid of him, too," the newspaper editorial stated.