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Issue: Boy Scouts of America

Summary

Over the past few years, the Boy Scouts of America has been served with ACLU lawsuits, financial cuts, public partnership cancellations, and facility evictions. They have been ridiculed in the media and castigated as bigots in once-friendly corners. The reason? The Boy Scout Oath contains the words "duty to God" and "morally straight." From the fight to save Scout camps in the parks of San Diego to the case for free association at the U.S. Supreme Court, and from reckoning with political correctness in a Connecticut state charity to pursuing equal access for the Scouts in a Berkeley public marina, the ACRU's Scouting Legal Defense Fund has stood by the Boy Scouts.

ACRU Court Activity

Barnes-Wallace v. BSA, City of San Diego and BSA Desert Pacific Council

This case involves whether use by the Scouts of Balboa Park and Fiesta Island in San Diego under a long term lease with the city amounts to an unconstitutional establishment of religion. The District Court ruled it did. Oral arguments were heard on the case in February of 2006, before the United States Court of Appeals for the Ninth District, in California. The opinion of the court is pending. On December 22, 2006 the 9th Circuit Court of Appeals asked the California Supreme Court to decide whether San Diego's leasing of the parkland to the Boy Scouts violates the California state constitution. Read Brief

Boy Scouts of America and Connecticut Rivers Council, BSA v. Wyman et al

In this case the Boy Scouts sued because the state of Connecticut excluded them from the combined charitable campaign for state employees on the grounds that the Scouts were a discriminatory organization. ACRU and other groups petitioned the United States Supreme Court to hear this case after the United States Court of Appeals for the Second Circuit decided against the ACRU position. On March 8, 2004, the Supreme Court refused to hear the case. Read Brief

Boy Scouts of America and Monmouth Council, BSA v. Dale

Decided by the United States Supreme Court on June 28, 2000, in favor of ACRU’s position. This case involved the landmark ruling by the Supreme Court holding that the Scouts could not be forced to retain openly gay adult scout leaders under antidiscrimination laws. The Scouts have a right of freedom of expressive association to appoint adult leaders who do not contradict the message and doctrines of the Scouts.
Read Brief

Rumsfeld vs. Forum for Academic and Institutional Rights

Decided by the United States Supreme Court on March 6, 2006, in favor of ACRU’s position. In this case the Supreme Court held that the Federal government has the power to condition Federal educational aid on maintenance of equal access to the campus for military recruiters as compared to other recruiters. Read Brief

Winkler v. Rumsfeld

This case involves whether use by the Scouts of a military base for their national Jamboree involves an unconstitutional establishment of religion. The District Court held that it does. Oral arguments were heard on the case in April of 2006, before the United States Court of Appeals for the Seventh District, in Illinois. On April 12, 2007, the U.S. Court of Appeals for the Seventh Circuit dismissed the case finding that the ACLU did not have standing. Read Brief

News & Commentary

11/20/07: Post Sugarcoats Thuggery Against Philadelphia Boy Scouts

EXCERPT: "The Post's description is a classic example of moral equivalence, in which aggressor and victim are co-belligerents. By Robert Knight Culture and Media Institute November 20, 2007 The Washington Post this week stepped delicately around the thuggish tactics employed by..."

10/26/07: Punishment will hurt community, by Hans Zeiger

EXCERPT: "Almost 80 years ago, the City of Philadelphia granted to the local Boy Scouts a low-cost rent on land at 22d and Winter Streets, "in perpetuity." This has proven to be a valuable partnership, both for the city and for its most important youth organization. But last week, the city penalized the Boy Scouts for its membership policies by raising the rent from $1 to $200,000 a year. This was wrong..."

6/9/07: Indiana United Way Cuts Off Scouts, by Sheldon Kinsel

EXCERPT: "In what has become increasingly common tactic, the St. Joseph County United Way in Indiana has cut off funding the Scouts because Scouting no longer meets the new criteria for funding programs. The United Way has decided to focus on..."

6/7/07: New Iowa Law Could Cause Problems for the Scouts, by Sheldon Kinsel

EXCERPT: "Iowa has amended its state non-discrimination law to include "sexual orientation" and "gender identity" among the categories covered. Lawmakers rejected a plea from state and national Scout officials to include in the legislation a recognition of the 2000 Dale Supreme..."

6/6/07: Philadelphia City Council Votes to Charge Scouts, by Sheldon Kinsel

EXCERPT: "Without any prior notification, the Philadelphia City Council voted 16-1 on May 31st to authorize the city to end the lease with the Cradle of Liberty Scout Council for the headquarters building the city has leased to the Scouts since..."

6/5/07: Demonstrators Protest at Scout National Meeting, by Sheldon Kinsel

EXCERPT: "Protesters, including some in Scout uniforms, organized by the homosexual activist organization Parents and Friends of Lesbians and Gays (PFLAG) demonstrated outside the Scouts' national meeting in Atlanta. They were demanding that the Scouts change their policy on excluding openly..."

More Information

BOOK: Get Off My Honor: The Assault on the Boy Scouts of America (Paperback) by Hans Zeiger

"Cultural critics of the Boy Scouts say the Scouts are odd and antiquated with their uncool brown uniforms, teaching useless knot tying in a technological..." Buy this book at Amazon.com

 

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