Free From Bias...

Back when I was a young buck, I was a little unsure of the world and operated under the assumption that law was a black and white thing which Judges were just well versed on. In my mind, I thought that when a judge made a decision, he just pulled out a book, applied the necessary law and that was that. Obviously, that's not the case, as law can be viewed in one way or another, depending upon the judge. Her view of what the law means, what it says, or what particular outcome she wants from the law all color her opinions.

In FAIR v. Rumsfield, the law school case, the law schools pointed to Dale v. Boyscouts as justification for thier argument. While I am nowhere near a legal scholar, it was an interesting argument. Most people who are "pro gay" thought Dale was a poor decision while most who were "anti gay" thought it was great as it gave legal permission to not allow gays into your club. Thus, a law that FAIR supporters probably didn't agree with was their justification for going to court (among other things).

On this website, some law guy wrote the following:

(3) The Court rejected the schools’ claim, relying on Boy Scouts v. Dale (upholding the associational right of the Boy Scouts to exclude a gay scoutmaster), that their freedom of association should allow them to exclude military recruiters. Slip op. at 18-20. There was much irony in the dispute over the meaning of Dale as it applied to this case. Some of the same people who criticized Dale as “anti-gay” six years ago relied heavily on it to make an aggressive claim about associational rights. Of course, the irony went both ways. Some conservatives who hailed Dale as a great victory for freedom six years ago argued for a very narrow interpretation of it.

It seems fairly obvious the more gay rights legislation goes to court that, so long as there's no constitutional basis for considering homosexuality on par with gender, race or religion, the only thing the courts are going to do is continually re-word laws to suit the outcome they want and the laws and understandings will get continually murkier. Unfortunate, to say the least.