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Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

January 15, 2000, Saturday, Home Edition

SECTION: News; Pg. 1A

LENGTH: 305 words

HEADLINE: High court takes on hot issues;
Late-term abortion procedure, ouster of gay Scout leader will be considered this term.

BYLINE: Ernie Freda, Staff

SOURCE: AJC

BODY:
The Supreme Court agreed Friday to take on two hot-button, emotional issues: whether states can ban "partial birth" abortions and whether the Boy Scouts can exclude homosexuals.

A Nebraska law that made it a crime for doctors to perform the late-term abortion procedure was struck down by a federal appeals court as unconstitutional. Similar laws have been enacted by 30 states, but most, including Georgia's, have been blocked or weakened by lawsuits.

Lower courts in two-thirds of those states ruled that the laws were written so vaguely that all forms of abortion could be outlawed.

A month after the Nebraska law was invalidated, along with laws in Iowa and Arkansas, another federal appeals court upheld nearly identical abortion laws in Illinois and Wisconsin.

Women were granted a constitutional right to abor- tion through the Supreme Court's landmark Roe v. Wade decision in 1973. That basic right was reaffirmed in 1992, the high court's last major abortion ruling.

Congress twice has passed bills banning the procedure, which doctors call dilatation and extraction, but President Clinton vetoed them, saying the laws failed to adequately protect a woman's health.

In the Boy Scouts case, the justices will decide whether the organization had a constitutional right to oust a young troop leader after learning he was homosexual.

The New Jersey Supreme Court ruled last summer that the Scouts had violated a state public accommodations discrimination law.

But the organization contends the law violated its First Amendment rights of free speech and free association.

Scouts lawyer George Davidson declared that homosexuality is not moral, and so an openly gay person would not be a proper role model.

The court is expected to hear arguments in both cases in April and issue decisions by July.

LOAD-DATE: January 15, 2000




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