The following comes from an August 13 Bay Area Reporter article by David-Elijah Nahmod. The Bay Area Reporter describes itself as serving the LGBT community:
Earlier this year, the California Supreme Court voted unanimously to accept a 2014 recommendation from its ethics advisory committee to ban Boy Scouts membership because the organization discriminated against gay troop leaders. That meant that state judges affiliated with the Scouts would be found in violation of the state Code of Judicial Ethics.
Last month, the Scouts national executive committee voted to lift the ban on gay troop leaders although it allows for a religious exemption and many Scout troops are affiliated with churches, mostly Mormon and Catholic denominations.
Justice Richard Fybel, chair of the Advisory Committee on the Code of Judicial Ethics, spoke to the Bay Area Reporter about what the new Scout policy means for California judges who might wish to participate in the youth organization.
Fybel is an associate justice on the 4th District Court of Appeal, and is based in Orange County.
“Existing canon prohibits judges from being in an organization that discriminates based on sexual orientation,” Fybel said. “There are exceptions for military, religious, and nonprofit youth organizations.”
Fybel said that effective January 2016 the exemptions for religious organizations will remain, but that the other exemptions will be lifted.
Since many Boy Scout units are affiliated with local churches, and therefore able to deny leadership positions to openly gay scoutmasters, the question of what the policy change means for the participation of state judges remains up in the air.
“I’m pleased to see the national Boy Scouts organization take the position not to discriminate,” Fybel said.