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Schwenk v BSA

     The only legal case brought against the Boy Scouts of America by a girl seeking admission to be decided by a state Supreme Court is that of Schwenk v. Boy Scouts of America. This case was decided in BSA's favor by the Oregon Supreme Court in 1976. At the present time, we have very little information on the background of this particular case. If you have any more information, we would be very grateful if you could e-mail any such information.

      In Schwenk v. Boy Scouts of America, (275 Or. 327 (1976)) the Oregon Supreme Court held that the Oregon Law Against Discrimination did not apply to force the BSA to admit a female member. The court held that the legislative history of the act, and particularly the term "place," required the Schwenk to show that the BSA had more of a physical location than the BSA maintained. The Supreme Court rejected the Schwenk's argument that a "service" should be able to substitute for a "place."

     The attorney for Ms. Schwenk was a Carol Hewitt.

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