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Cavies and Scouts: Question for corps members/staff


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If you check out the cavaliers website, a #### storm is brewing between users as a man asked this:

How do drum corps like the Cavaliers and the Madison Scouts not face legal troubles when it comes to membership? I know you guys are one of the few all male corps but how do you guys get away with that?

It's a fair question, how would you guys go about fighting a lawsuit saying that you guys sexually discriminated against a prospective member who was female?

I must admit that it's very interesting and fair to ask and it's something I've wondered for awhile. I know that the Cavaliers originated as a Boy Scout troop and so they have roots as being all-male but in this modern day of legality, how do these guys avoid women crying sexual discrimination by a woman who wants to audition for the corps? Does it have something to do with being a non-profit organization? I'm not a lawyer so I don't know, might as well turn it over to you guys.

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Wasn't this answered not too long ago?

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I did a forum search and didn't find any topics.

By the way John Murray, how old is your grandmother?

749...

She's quite up there.

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Why is it I suspect the OP here is somehow the same person who started the thread at cavaliers.org?.... :thumbup:

In any case, the question is easy to answer; because the Supreme Court recognizes the rights of free association and Illinois law protects the rights of private clubs to make their own membership rules. Since it's not a public organization or business, but a fraternal organization focused around a central activity, the law says they, or Regiment, or anyone else, can determine their own rules regarding who is and isn't invited to join their organizations.

BTW, ALL junior corps "discriminate" using their own criteria; those who are under whatever age they've decided, and DEFINITELY everyone over the age of 22 are not eligible for membership in any junior corps. The law protects those criteria the same as it does the gender criteria Madison and Cavaliers have decided on.

Wal-Mart is not a club; W-M is a retail business that asks the public to come use their store, hence they're bound to follow the laws with regards to public accommodation.

Edited by mobrien
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One post from that topic you just linked to

Not true, Wal-Mart is a private organization and is not allowed to refuse someone because of their age, gender, religion, or handicap.

Nope.

Especially in the Scouts case, this applies:

http://www.bsalegal.org/faqs-195.asp

Q. Why can’t girls participate in Cub and Boy Scouting?

A. The Cub Scout and Boy Scout programs were designed to meet the emotional, psychological, physical and other needs of boys at various stages of their development. Boys in this age range seek out and enjoy group activities with other boys. These programs were developed after careful professional consideration. The Girl Scouts of the U.S.A. and other female youth organizations have developed programs designed to meet the needs of young girls. The Boy Scouts of America is a private organization, and as such, determines it’s own membership standards.

Anyway, this has been answered lots . . .most drum corps could be considered "exclusionary" by the very age group that they limit membership to.

. . .maybe we need a few forty year old folks to sue Phantom 'cause they wanna march a season. :thumbup:

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. . .maybe we need a few forty year old folks to sue Phantom 'cause they wanna march a season. :thumbup:

I'd like to own the concession stand for arthroscopic knee surgery that would follow the 40 year olds around.... :rock:

Edited by mobrien
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