U.S. District Judge John Coughenour ruled Tuesday that the organization has a First Amendment right to limit the number of heterosexual players, much as the Boy Scouts have a constitutional right to exclude gays.
"It would be difficult for NAGAAA to effectively emphasize a vision of the gay lifestyle rooted in athleticism, competition and sportsmanship if it were prohibited from maintaining a gay identity," the judge wrote.
However, Coughenour did say that questions remain about the way the softball association applied its rule, including whether the questions asked about the men's sexuality at a protest hearing were unnecessarily intrusive. Therefore, the case can proceed toward a trial set for Aug. 1, he said.