Boy Scouts of America membership controversies
Encyclopedia
The Boy Scouts of America
(BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists
and agnostics
from membership in its Scouting program, and prohibit "avowed" homosexual
people from leadership roles in its Scouting program as directly violating its fundamental principles and tenets. BSA has denied or revoked membership status or leadership positions of youths and adults for violation of these foundational principles.
The BSA contends that these policies are essential in its mission to instill in young people the values of the Scout Oath and Law.
The organization's legal right to have these policies has been upheld repeatedly by both state and federal courts
. In Boy Scouts of America v. Dale
, the Supreme Court of the United States
has affirmed that as a private organization, the BSA can set its own membership standards. The BSA's policies have been legally challenged but have not been found to constitute illegal discrimination; as a private organization in the United States the BSA has the right to freedom of association
, as determined in Boy Scouts of America v. Dale
. In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources including public lands.
and Scout Law
for Boy Scouting have remained unchanged since they were approved in 1911, and every member agrees to follow them on their application form.
Spirituality
has been an integral part of the international Scouting
movement since its inception. As early as 1908, Scouting founder Robert Baden-Powell wrote in the first Scout handbook that, "No man is much good unless he believes in God
and obeys His laws."
Religious organizations host/sponsor over 60% of the approximately 123,000 Scouting units in the United States and use the Scouting program as part of their youth ministration. Officials from various religious organizations—including the The Church of Jesus Christ of Latter-day Saints (Mormon), Catholic
, Methodist
, Lutheran
, and Presbyterian
churches—are included on the BSA National Executive Board, its Advisory Council, and the BSA Religious Relationships Committee.
In reciting the Scout Oath, Scouts promise to be morally straight and to do their duty to God; the Scout Law holds that a Scout is clean and reverent
. As early as 1978, the Boy Scouts of America circulated a memorandum among national executive staff stating that they held it was not appropriate for homosexuals to hold leadership positions in BSA. Similarly, since at least 1985, the BSA has interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism. In both instances, the organization asserted that it was not a new policy to oppose and disfavor atheism, agnosticism and homosexuality; and, in support of that, to deny membership to atheists and agnostics, and to deny leadership roles to and occasionally expel "avowed" homosexual persons — rather, the BSA argued it was just enforcing long-held policies which had never been published or publicly challenged.
program. The Scouting programs are Cub Scouting, Boy Scouting, and Venturing
. The policies that are considered controversial apply only to the Scouting programs.
Learning for Life programs including Exploring
are school and work-site based. Leadership positions and membership in the Learning for Life programs are open to youth and adults without restriction based on gender, sexual orientation, atheism or agnosticism.
and agnostics
cannot participate as Scouts (youth members) or Scouters
(adult leaders) in its traditional Scouting programs. According to the Bylaws of the BSA, Declaration of Religious Principle:
During the membership application process and as a requirement to obtain membership, youths and adults are required to subscribe to the precepts of the Declaration of Religious Principle and to agree to abide by the Scout Oath and Law, which include the words, "do my duty to God" and "reverent". Youths are also required to repeat the Scout Oath and Law periodically after being accepted as Scouts. The BSA believes that atheists and agnostics are not appropriate role models of the Scout Oath and Law for boys, and thus will not accept such adults as leaders.
The BSA does not require adherence to any particular religious beliefs or ethos beyond this. The Boy Scout Handbook goes on to explain that "A Scout is Reverent" simply means that "A Scout is reverent towards God. He is faithful in his religious duties. He respects the beliefs of others." Buddhists, followers of Native American religions, Muslims, Jews, Christians of all denominations, Wiccans, and many others, including those who define their own spirituality, can be and are members of the BSA. The BSA recognizes religious awards for over 38 faith groups including Baha'i, Zoroastrianism
, Judaism
, Hinduism
, and 28 varieties of Christianity. Boy Scouts of America approved religious emblems exist for all these except for Wicca and Native American religions. The former exists but has not been approved due to the fact that there are fewer than 25 chartered Wiccan units.
The language used to describe the BSA's policies on homosexual individuals has evolved over time. In a 1993 position statement, BSA said:
In 2004, the BSA adopted a new policy statement, including the following as a "Youth Leadership" policy:
BSALegal.org published these policies until February 2010, when it was removed from their website.
The BSA stated in a 2000 press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person." BSA application forms for youth membership and adult leadership positions do not inquire about the applicants' sexual orientation and do not mention the BSA's policies regarding homosexuality. In 2005, a high-level employee of BSA was fired by the National Council after the organization received a copy of his bill from a gay resort
at which he had vacationed. In 2009, the mother and civil union partner of a Vermont Scout were prohibited from volunteering for his pack when it was learned they were gay.
Various BSA national and council policies either prohibit or mandate discrimination. Some types of discrimination, such as prohibiting child molesters from becoming leaders are widely accepted. Others, such as discrimination against racial minorities are widely rejected and prohibited by BSA policies. Where neither is the case, they are controversial, such as with BSA's prohibition of avowed homosexuals from leadership positions in most of its scouting programs. Non-discrimination policies can be either vague or specific and operative. The latter typically enumerate protected classes and attributes which may not be discriminated against.
BSA local councils and Scouting units are required to adhere to National Council policies as a condition of their charters.
At least three local scout councils added “sexual orientation” to the enumerated protected classes or attributes in their non-discrimination policies; two in 1991 and one in 1993. All three made statements that these changes were not in conflict with BSA national policy. In at least two of these cases, controversy ensued from those on both sides of the issue. Those advocating liberalization of policies said that these did not represent true changes or that true changes did not occur. Those against liberalization said that these changes were indeed in conflict with BSA national policy and needed to be rescinded. At least one of these councils reversed the change, and it appears that the others did the same. None of their websites currently contain non-discrimination policies with enumerated protected classes.
and its Learning for Life
(including Exploring) programs are open to young men and women ages 14 through 21.
policy which included sexual orientation; however, when an openly homosexual man attempted to register as a merit badge counselor he was rejected on the basis of his sexual orientation. The same year, nine BSA local councils proposed a resolution that would have allowed local councils to comply with nondiscrimination policies regarding homosexual persons but the resolution was rejected by the BSA National Council. Also in 2001, the BSA revoked the charters of several Cub Scout packs in Oak Park, Illinois
, because the sponsors, a parent-teacher group, adhered to a policy which banned discrimination based on sexual orientation. In part due to a lawsuit (Cradle of Liberty Council v. City of Philadelphia
), the Cradle of Liberty Council
in Philadelphia adopted a nondiscrimination policy with respect to sexual orientation in 2003 but was ordered to revoke it by the National Council.
(WOSM) since its founding in 1922. WOSM has a membership of 155 National Scout Organizations with more than 28 million individuals. Only one Scouting organization per country is recognized by WOSM. In about ten percent of the countries, the National Scout Organization is a federation composed of more than one Scout association; some of the associations in a federation may be for members of a specific religion (e.g., Denmark and France), ethnicity (e.g., Bosnia and Israel), or native language (e.g., Belgium).
On religion, WOSM states the following about its Fundamental Principles:
It says nothing official on homosexuals.
The value system
of the BSA and other Scouting associations may differ; this is evident in the different Scout promises and laws used by associations. Most other Scouting associations oaths and laws do not include the very specific wording to be "reverent" and "morally straight" which BSA added at its founding in 1910. Correspondingly, the membership policies of Scouting associations may differ as well (see Scout Promise
and Scout Law
).
For example, in contrast to the BSA's policy, homosexuals are not restricted from leadership positions in Scouts Canada
and most European associations, including The Scout Association
in the United Kingdom, Ring deutscher Pfadfinderverbände
of Germany (German Scout Federation), and the Swedish Guide and Scout Association
.
"Duty to God" is a principle of worldwide Scouting
and WOSM requires its member National Scout Organizations to reference "duty to God" in their Scout Promises (see WOSM Scout Promise requirements). Scouting associations apply this principle to their membership policies in different ways. The Boy Scouts of America
takes a hard-line position by excluding atheists or agnostics from membership. Scouts Canada
defines "duty to God" broadly in terms of "adherence to spiritual
principles" and does not have any explicit policy excluding non-theists. According to the Equal Opportunities Policy of The Scout Association
in the United Kingdom:
The membership policies of Scouting organizations also vary regarding the inclusion of girls, see Coeducational Scouting.
accepts gays and lesbians, and allows its members to substitute another word in place of "God" when reciting the Girl Scout Promise.
The American Heritage Girls
is a Christian Scouting organization that provides an alternative to the Girl Scouts of the USA
(GSUSA). American Heritage Girls' policies on homosexuals and atheists are similar to those held by the BSA. It was formed by parents who were unhappy that GSUSA accepted lesbians as troop leaders, allowed girls to substitute a word more applicable to their belief for the word "God" in the Girl Scout Promise, and allegedly banned prayer at meetings. American Heritage Girls has about 10,000 members, whereas Girl Scouts of the USA has around 2,500,000 youth members and 900,000 adults. Some youth organizations do not have policies that exclude or restrict gays and atheists, and are coeducational, such as Camp Fire USA
, SpiralScouts International
, 4-H
, and the BSA's Learning for Life
program.
because of its membership, leadership, and employment standards. Some of the lawsuits dealt with the BSA's standards that require Scouts and Scouters to believe in God, those in leadership positions to not be openly homosexual, and the exclusion of girls from membership in some programs.
There has been some opposition to single-sex membership programs and organizations in the United States including some programs of the BSA. The Boy Scouts of America admits only boys to its Cub Scouting and Boy Scouting programs. Several lawsuits involving girls seeking admission to these programs (see Yeaw v. Boy Scouts of America
) have resulted in court rulings that the BSA is not required to admit girls.
During the 1980s and 1990s,several people attracted media attention when they sued the BSA, attempting to make them accept atheists as members and homosexual individuals in leadership positions.
In 1981, Tim Curran, an openly homosexual former Scout, sued asking that he be accepted as an assistant Scoutmaster (see Curran v. Mount Diablo Council). In 1991, twin brothers William and Michael Randall, who had refused to recite the "duty to God" portion of the Cub Scout Promise and Boy Scout Oath, sued to be allowed to continue in the program (see Randall v. Orange County Council
and Welsh v. Boy Scouts of America
). In addition, there were several other lawsuits involving essentially the same issues. Ultimately, the courts ruled in favor of the Boy Scouts of America in each case.
The courts have repeatedly held that the Boy Scouts of America, and all private organizations, have a right to set membership standards in accordance with the First Amendment
protected concept of freedom of association
. In particular, in Boy Scouts of America v. Dale
, the U.S. Supreme Court ruled in 2000 that the BSA's Constitutional right to freedom of association gave them the authority to expel a gay assistant Scoutmaster.
After the Dale decision, public opinion in some communities turned against the BSA; corporations, charities, and even some local governments criticized the policy, threatening to either cut off financial support or block the Boy Scouts from using public buildings for their meetings. While some segments of the public criticized the organization, other groups became more enthusiastic in their support of the Scouts.
Since the Supreme Court's ruling, the focus of lawsuits has shifted to challenging the BSA's relationship with governments in light of their membership policies. A number of lawsuits have been filed by or with the assistance of the American Civil Liberties Union
over issues such as government association with the BSA and the conditions under which the BSA may access governmental resources.
(ACLU) has taken legal action to stop governmental organizations from serving as the chartered organizations (sponsors) of Scouting units in violation of the establishment clause of the First Amendment. The Department of Defense
announced in 2004 that it would end direct sponsorship of Scouting units in response to a lawsuit brought by the ACLU. "The ACLU of Illinois charged that the Boy Scouts' policy violates the religious liberty of youth who wish to participate but do not wish to swear a religious oath, and that direct government sponsorship of such a program is religious discrimination."
The BSA agreed in 2005 to transfer all charters it had issued to governmental entities to private entities in response to a request from the ACLU. Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.
When a private organization such as the BSA receives access on terms more favorable than other private organizations, it is known as "special" or "preferential" access whereas "equal" access is access on the same terms. For example, state and local governments may lease property to nonprofit groups (such as the BSA) on terms that are preferential to or equal to the terms they offer to commercial groups, in other words they may give nonprofit groups either special or equal access. Special access includes access at a reduced fee (including no fee) or access to places off-limits to other groups. The categorization of access as "special" or "equal" is not always clear-cut.
Some cities, counties, and states have ordinances or policies that limit government support for organizations that practice some types of discrimination. When the BSA's membership policies are perceived as contrary to these laws, some government organizations have moved to change the terms under which the BSA is allowed to access its resources. Private individuals have filed lawsuits to prevent governmental entities from granting what they see as preferential access. The BSA on the other hand has sued governmental entities for denying what it sees as equal access.
In response to these changes and litigation, the federal government passed laws mandating the BSA's equal access to local and state-level governmental resources. The Boy Scouts of America Equal Access Act
, enacted in 2002, requires public elementary and secondary schools that receive U.S. Department of Education funding to provide BSA groups equal access to school facilities. The Support our Scouts Act
of 2005 requires state and local governments that receive HUD
funding to provide BSA groups equal access to governmental forums (lands, facilities, etc.). State and local governments still have flexibility regarding the provision of special access to the BSA.
, as well as long-time Scouting supporters, parents, chartered organizations, and religious organizations have expressed opposition to the policies in ways ranging from protests to forming organizations that advocate greater inclusiveness. Some push for a voluntary change within the BSA, others seek involuntary change by filing lawsuits, still others choose to disassociate themselves from the BSA or encourage others to do so.
Perhaps the most vocal opponent of the policies has been the American Civil Liberties Union
, which has brought or been a participant in fourteen lawsuits against the Boy Scouts of America from 1981 to March 2006. A few members of the U.S. Congress
have also spoken out against the BSA's policies. Since the Dale decision, some Eagle Scouts
(about 100) have returned their Eagle Scout badge to the BSA in protest.
The Unitarian Universalist Association
's opposition to the BSA's membership exclusions led to a dispute between the organizations. In 2001, the Union for Reform Judaism's
Commission on Social Action, citing a commitment to ending discrimination in all forms, issued a memorandum
recommending that congregations stop hosting BSA troops and that parents withdraw their children from all of the Boy Scouts of America's programs. Additionally, the General Synod of the United Church of Christ
issued a statement urging the BSA to change policy and stated that "Discrimination against anyone based on sexual orientation is contrary to our understanding of the teachings of Christ."
The Secular Coalition for America
has urged Congress to revoke the federal charter of the BSA, stating: "Our government must not entangle itself in religious organizations; nor should it establish, with government imprimatur, a private religious club."
, Orlando
, Philadelphia
, San Francisco
, and Seattle, have withdrawn all funding. The BSA has also lost all funding from several large corporations that had been regular donors, such as Chase Manhattan Bank
, Levi Strauss
, Fleet Bank, CVS/pharmacy, and Pew Charitable Trusts. For example, Pew Charitable Trusts, which had consistently supported the BSA for over fifty years, decided to cancel a $100,000 donation and cease future donations. A number of public entities (including the cities of Chicago, San Diego
, Tempe
, Buffalo Grove
, Berkeley
, and Santa Barbara
, as well as the states of California
, Illinois
, and Connecticut
) have canceled charitable donations (of money or preferential land access) that had historically been granted to the Scouts.
Eagle Scout filmmaker Steven Spielberg
had been a long-time supporter of Scouting, depicting a young Indiana Jones
as a Boy Scout in the 1989 film Indiana Jones and the Last Crusade
and helping to create the Cinematography
merit badge
. Spielberg resigned from the BSA Advisory Council in 2001, saying, "it has deeply saddened me to see the Boy Scouts of America actively and publicly participating in discrimination."
Some current and former Scouts and Scout leaders formed organizations that advocated the removal of atheism restrictions on membership and homosexual-related restrictions on leadership. In 1991, William Boyce Mueller, a former Cub Scout and grandson of original Boy Scouts of America founder William Dickson Boyce
, helped start an advocacy group of gay former Scouts called the "Forgotten Scouts". The Coalition for Inclusive Scouting was another organization. Both of these organizations are apparently inactive now.
Scouting for All
seeks to promote tolerance
and diversity
within the BSA. Scouter Dave Rice co-founded Scouting for All in 1993, initially for the purpose of changing the BSA policy on sexual orientation. In 1998, the Boy Scouts of America dismissed him after 59 years of membership for "involving Scouting youth" in his effort. Rice, who is not gay, stated that he obeyed all rules and guidelines and that he never misused his leadership status or promoted an agenda during troop meetings. He maintains that the Boy Scouts of America violated its own rules by summarily dismissing him without granting him a chance to present evidence to a regional review board as is required by the BSA's "Procedures for Maintaining Standards of Membership".
, has prompted a number of expressions of support for the BSA organization, program, or policies. In 2002, the National Executive Board of Boy Scouts of America reiterated its support for the policies and affirmed that "the Boy Scouts of America shall continue to follow its traditional values and standards of leadership".
and the U.S. Senate
have overwhelmingly passed resolutions in support of the Boy Scouts of America. In November 2004, the House passed a resolution, by a vote of 391 to 3, recognizing "the Boy Scouts of America for the public service the organization performs". Then, in February 2005, the House passed a resolution by a vote of 418 to 7, stating that "the Department of Defense should continue to exercise its long-standing statutory authority to support the activities of the BSA, in particular the periodic national and world Scout jamborees
."
The U.S. Congress
has twice passed bills in response to the governmental resources access controversy. In 2001, the U.S. Congress passed the Boy Scouts of America Equal Access Act
, which encouraged the BSA's access to educational facilities. In July 2005, the Senate voted 98 to 0 in favor of the Support Our Scouts Act
, enacted in December 2005, which encourages both governmental support of the Boy Scouts in general and federal support of the national Scout jamboree
.
Senator Bill Frist
, one of the sponsors of the Support Our Scouts Acts, spoke highly of the BSA, saying:
Of the Act, Frist explained:
President of the United States William Howard Taft
began serving as the first Honorary President of the Boy Scouts of America in 1911; the tradition has been followed by each succeeding U.S. President. In July 2001, President
George W. Bush
addressed the National Scout Jamboree and, although he did not directly discuss the controversies, reiterated his support for the organization. At the Jamboree, Bush commended the Scouts for upholding "values that build strong families, strong communities, and strong character" and said that the Scouts' values "are the values of America."
In January 2009, the American Humanist Association
and eighteen other nontheistic organizations sent an open letter to then President-Elect Obama urging him not to serve as the Boy Scouts' honorary president because of the Scouts' positions on religion.President Obama accepted the position and received the BSA's annual report from a group of Scouts in February 2009.
On July 29, 2010, Obama chose not to attend the Scouts' centennial Jamboree, accepting instead an invitation to do an interview on the daytime talk show The View. This decision was met with criticism, and raised speculation that the President's absence was a subtle protest against the Scouts' policies, or deferring to groups opposed to BSA's policies, although he does serve as Honorary National President and has hosted the annual Report to the Nation delegation from the BSA each year at the White House
.
A conservative civil libertarian group, the American Civil Rights Union
(not to be confused with the ACLU), set up the Scouting Legal Defense Fund, and routinely helped with lawsuits. In a legal brief filed in support of the BSA, the American Civil Rights Union argued that "To label [the BSA's membership policies] discriminatory and exclusionary, and a civil rights violation, is an assault on the very freedom of American citizens to advance, promote, and teach traditional moral values." In 2000, a group of current and former members of the BSA created the group "Save Our Scouts", in order "to support and defend the principles of the Scout Oath and Law". This group has subsequently closed as a charity due to failure to file annual reports.
Eagle Scout Hans Zeiger
, author of Get Off My Honor: The Assault on the Boy Scouts of America, told the Washington Times, "Scouts' honor is under attack in American culture". Zeiger applauds what he sees as the BSA's courage in resisting political pressure, saying, "Regardless of what leads to homosexuality, it is a thing that has an agenda in our society and is very harmful to the traditional family and is causing a tremendous amount of harm to young men. The Boy Scouts are one of the few organizations that have the moral sense to stand against the homosexual agenda".
An online petition, which had received over 375,000 electronic signatures, showed support for the Scouts from those who are "deeply troubled by the recent attacks which have come against the Boy Scouts simply because the Scouts have taken a stand for faith and moral values." The petition further asserted that, "As a private organization, the Boy Scouts has every right to set standards for leadership and morality."
Following the Dale decision, a number of independent research organizations conducted surveys to determine American public opinion on the controversy. In these surveys, more respondents supported the BSA position than opposed it.
The Church of Jesus Christ of Latter-day Saints (LDS Church), a longtime supporter of the Boy Scouts of America, teaches that homosexual activity is immoral. The LDS Church is the largest single sponsor of Scouting units with over 30,000 units nationwide, which comprise about 13% of BSA's youth members. The LDS Church has stated that it would withdraw from the Scouting program if it was ever compelled to accept homosexual Scout leaders. This does not differ from the LDS Church policy of allowing "non practicing" self professed gay members to enjoy all the same rights and privileges as any other Church member.
The United Methodist Church
, the second-largest sponsor of Scouting units, has taken no public position on the controversy surrounding allowing gay leaders in Scouting, although in recent years the Church itself has had an ongoing internal debate regarding whether or not to accept LGBT clergy.
, and those resulting from racial segregation
.
Sites critical of the Boy Scouts of America's policies
Other sites
Publications
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
(BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
and agnostics
Agnosticism
Agnosticism is the view that the truth value of certain claims—especially claims about the existence or non-existence of any deity, but also other religious and metaphysical claims—is unknown or unknowable....
from membership in its Scouting program, and prohibit "avowed" homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
people from leadership roles in its Scouting program as directly violating its fundamental principles and tenets. BSA has denied or revoked membership status or leadership positions of youths and adults for violation of these foundational principles.
The BSA contends that these policies are essential in its mission to instill in young people the values of the Scout Oath and Law.
The organization's legal right to have these policies has been upheld repeatedly by both state and federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. In Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has affirmed that as a private organization, the BSA can set its own membership standards. The BSA's policies have been legally challenged but have not been found to constitute illegal discrimination; as a private organization in the United States the BSA has the right to freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, as determined in Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
. In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources including public lands.
Boy Scouts of America's values affect membership criteria
According to its mission statement, the Boy Scouts of America seeks "to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law". All members are required, as a condition of membership, to promise to uphold and obey both of these pledges. The texts of BSA's Scout OathScout Promise
Since the publication of Scouting for Boys in 1908, all Scouts and Guides around the world have taken a Scout promise or oath to live up to ideals of the movement, and subscribed to a Scout Law. The wording of the Scout Promise and Scout Law have varied slightly over time and from country to...
and Scout Law
Scout Law
Since the publication of Scouting for Boys in 1908, all Scouts and Guides around the world have taken a Scout Promise or oath to live up to ideals of the movement, and subscribed to a Scout Law...
for Boy Scouting have remained unchanged since they were approved in 1911, and every member agrees to follow them on their application form.
Scout Oath
On my honor I will do my best
To do my duty to God and my country
and to obey the Scout Law;
To help other people at all times;
To keep myself physically strong,
mentally awake, and morally straight.
Scout Law
A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent.
Spirituality
Spirituality
Spirituality can refer to an ultimate or an alleged immaterial reality; an inner path enabling a person to discover the essence of his/her being; or the “deepest values and meanings by which people live.” Spiritual practices, including meditation, prayer and contemplation, are intended to develop...
has been an integral part of the international Scouting
Scouting
Scouting, also known as the Scout Movement, is a worldwide youth movement with the stated aim of supporting young people in their physical, mental and spiritual development, that they may play constructive roles in society....
movement since its inception. As early as 1908, Scouting founder Robert Baden-Powell wrote in the first Scout handbook that, "No man is much good unless he believes in God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
and obeys His laws."
Religious organizations host/sponsor over 60% of the approximately 123,000 Scouting units in the United States and use the Scouting program as part of their youth ministration. Officials from various religious organizations—including the The Church of Jesus Christ of Latter-day Saints (Mormon), Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, Methodist
Methodism
Methodism is a movement of Protestant Christianity represented by a number of denominations and organizations, claiming a total of approximately seventy million adherents worldwide. The movement traces its roots to John Wesley's evangelistic revival movement within Anglicanism. His younger brother...
, Lutheran
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...
, and Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
churches—are included on the BSA National Executive Board, its Advisory Council, and the BSA Religious Relationships Committee.
In reciting the Scout Oath, Scouts promise to be morally straight and to do their duty to God; the Scout Law holds that a Scout is clean and reverent
Reverence
Reverence may refer to:* Reverence a subjective response to something excellent in a personal way* Reverence , the acknowledgement of the legitimacy of the power of one's superior or superiors...
. As early as 1978, the Boy Scouts of America circulated a memorandum among national executive staff stating that they held it was not appropriate for homosexuals to hold leadership positions in BSA. Similarly, since at least 1985, the BSA has interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism. In both instances, the organization asserted that it was not a new policy to oppose and disfavor atheism, agnosticism and homosexuality; and, in support of that, to deny membership to atheists and agnostics, and to deny leadership roles to and occasionally expel "avowed" homosexual persons — rather, the BSA argued it was just enforcing long-held policies which had never been published or publicly challenged.
Programs
The Boy Scouts of America makes a division between its Scouting programs and the Learning for LifeLearning for Life
Learning for Life is a United States school and work-site based youth program that is a subsidiary of the Boy Scouts of America. It utilizes programs designed for schools and community-based organizations that are designed to prepare youth for the complexities of contemporary society and to...
program. The Scouting programs are Cub Scouting, Boy Scouting, and Venturing
Venturing (Boy Scouts of America)
Venturing is part of the program of the Boy Scouts of America for young adults, men and women, from the age of 14 years old or 13 years old and completed eighth grade through 21....
. The policies that are considered controversial apply only to the Scouting programs.
Learning for Life programs including Exploring
Exploring (Learning for Life)
Exploring is a worksite-based program of Learning for Life, a subsidiary of the Boy Scouts of America, for young men and women who are 14 through 20 years old...
are school and work-site based. Leadership positions and membership in the Learning for Life programs are open to youth and adults without restriction based on gender, sexual orientation, atheism or agnosticism.
Position on atheists and agnostics
The Boy Scouts of America's position is that atheistsAtheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
and agnostics
Agnosticism
Agnosticism is the view that the truth value of certain claims—especially claims about the existence or non-existence of any deity, but also other religious and metaphysical claims—is unknown or unknowable....
cannot participate as Scouts (youth members) or Scouters
Scout Leader
A Scout Leader or Scouter generally refers to the trained adult leader of a Scout unit. The terms used vary from country to country, over time, and with the type of unit.-Roles:...
(adult leaders) in its traditional Scouting programs. According to the Bylaws of the BSA, Declaration of Religious Principle:
"The Boy Scouts of America maintains that no member can grow into the best kind of citizen without recognizing an obligation to God. In the first part of the Scout Oath or Promise the member declares, ‘On my honor I will do my best to do my duty to God and my country and to obey the Scout Law.’ The recognition of God as the ruling and leading power in the universe and the grateful acknowledgment of His favors and blessings are necessary to the best type of citizenship and are wholesome precepts in the education of the growing members."
During the membership application process and as a requirement to obtain membership, youths and adults are required to subscribe to the precepts of the Declaration of Religious Principle and to agree to abide by the Scout Oath and Law, which include the words, "do my duty to God" and "reverent". Youths are also required to repeat the Scout Oath and Law periodically after being accepted as Scouts. The BSA believes that atheists and agnostics are not appropriate role models of the Scout Oath and Law for boys, and thus will not accept such adults as leaders.
The BSA does not require adherence to any particular religious beliefs or ethos beyond this. The Boy Scout Handbook goes on to explain that "A Scout is Reverent" simply means that "A Scout is reverent towards God. He is faithful in his religious duties. He respects the beliefs of others." Buddhists, followers of Native American religions, Muslims, Jews, Christians of all denominations, Wiccans, and many others, including those who define their own spirituality, can be and are members of the BSA. The BSA recognizes religious awards for over 38 faith groups including Baha'i, Zoroastrianism
Zoroastrianism
Zoroastrianism is a religion and philosophy based on the teachings of prophet Zoroaster and was formerly among the world's largest religions. It was probably founded some time before the 6th century BCE in Greater Iran.In Zoroastrianism, the Creator Ahura Mazda is all good, and no evil...
, Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
, Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
, and 28 varieties of Christianity. Boy Scouts of America approved religious emblems exist for all these except for Wicca and Native American religions. The former exists but has not been approved due to the fact that there are fewer than 25 chartered Wiccan units.
Position on homosexuality
Since 1991, openly homosexual individuals have been officially prohibited from leadership positions in the Boy Scouts of America. A 1991 Position Statement states: “We believe that homosexual conduct is inconsistent with the requirement in the Scout Oath that a Scout be morally straight and in the Scout Law that a Scout be clean in word and deed, and that homosexuals do not provide a desirable role model for Scouts.” The BSA thus "believes that a known or avowed homosexual is not an appropriate role model of the Scout Oath and Law."The language used to describe the BSA's policies on homosexual individuals has evolved over time. In a 1993 position statement, BSA said:
- "We do not allow for the registration of avowed homosexuals as members or as leaders of the BSA."
In 2004, the BSA adopted a new policy statement, including the following as a "Youth Leadership" policy:
- "Boy Scouts of America believes that homosexual conduct is inconsistent with the obligations in the Scout Oath and Scout Law to be morally straight and clean in thought, word, and deed. The conduct of youth members must be in compliance with the Scout Oath and Law, and membership in Boy Scouts of America is contingent upon the willingness to accept Scouting’s values and beliefs. Most boys join Scouting when they are 10 or 11 years old. As they continue in the program, all Scouts are expected to take leadership positions. In the unlikely event that an older boy were to hold himself out as homosexual, he would not be able to continue in a youth leadership position."
BSALegal.org published these policies until February 2010, when it was removed from their website.
The BSA stated in a 2000 press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person." BSA application forms for youth membership and adult leadership positions do not inquire about the applicants' sexual orientation and do not mention the BSA's policies regarding homosexuality. In 2005, a high-level employee of BSA was fired by the National Council after the organization received a copy of his bill from a gay resort
Gay tourism
Gay tourism or LGBT tourism is a form of niche tourism marketed to gay, lesbian, bisexual and transgender people. They are usually open about their sexual orientation and gender identity but may be more or less open when traveling; for instance they may be closeted at home or if they have come...
at which he had vacationed. In 2009, the mother and civil union partner of a Vermont Scout were prohibited from volunteering for his pack when it was learned they were gay.
Various BSA national and council policies either prohibit or mandate discrimination. Some types of discrimination, such as prohibiting child molesters from becoming leaders are widely accepted. Others, such as discrimination against racial minorities are widely rejected and prohibited by BSA policies. Where neither is the case, they are controversial, such as with BSA's prohibition of avowed homosexuals from leadership positions in most of its scouting programs. Non-discrimination policies can be either vague or specific and operative. The latter typically enumerate protected classes and attributes which may not be discriminated against.
BSA local councils and Scouting units are required to adhere to National Council policies as a condition of their charters.
At least three local scout councils added “sexual orientation” to the enumerated protected classes or attributes in their non-discrimination policies; two in 1991 and one in 1993. All three made statements that these changes were not in conflict with BSA national policy. In at least two of these cases, controversy ensued from those on both sides of the issue. Those advocating liberalization of policies said that these did not represent true changes or that true changes did not occur. Those against liberalization said that these changes were indeed in conflict with BSA national policy and needed to be rescinded. At least one of these councils reversed the change, and it appears that the others did the same. None of their websites currently contain non-discrimination policies with enumerated protected classes.
Position on gender
According to the BSA, "The Cub Scout and Boy Scout programs were designed to meet the emotional, psychological, physical, and other needs of boys between the ages of 8 and 14." (Note: the Boy Scout program runs in age from 11 to 18). While the BSA does not admit girls to these programs, its VenturingVenturing (Boy Scouts of America)
Venturing is part of the program of the Boy Scouts of America for young adults, men and women, from the age of 14 years old or 13 years old and completed eighth grade through 21....
and its Learning for Life
Learning for Life
Learning for Life is a United States school and work-site based youth program that is a subsidiary of the Boy Scouts of America. It utilizes programs designed for schools and community-based organizations that are designed to prepare youth for the complexities of contemporary society and to...
(including Exploring) programs are open to young men and women ages 14 through 21.
Reaction to nondiscrimination policies
In 2001, the Boston Minuteman Council adopted a nondiscriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
policy which included sexual orientation; however, when an openly homosexual man attempted to register as a merit badge counselor he was rejected on the basis of his sexual orientation. The same year, nine BSA local councils proposed a resolution that would have allowed local councils to comply with nondiscrimination policies regarding homosexual persons but the resolution was rejected by the BSA National Council. Also in 2001, the BSA revoked the charters of several Cub Scout packs in Oak Park, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, because the sponsors, a parent-teacher group, adhered to a policy which banned discrimination based on sexual orientation. In part due to a lawsuit (Cradle of Liberty Council v. City of Philadelphia
Cradle of Liberty Council v. City of Philadelphia
Cradle of Liberty Council, Inc., Boy Scouts of America, v. City of Philadelphia also known as Cradle of Liberty Council v. City of Philadelphia, [2:08-cv-02429RB] is a U.S. Court case involving the Cradle of Liberty Council versus the City of Philadelphia. The case was filed on May 23, 2008 in the...
), the Cradle of Liberty Council
Cradle of Liberty Council
The Cradle of Liberty Council is a Boy Scouts of America council created in 1996 with the merger of the former Philadelphia Council and the former Valley Forge Council .-History:The present council is the result of the 1996 merger of Philadelphia and Valley Forge councils...
in Philadelphia adopted a nondiscrimination policy with respect to sexual orientation in 2003 but was ordered to revoke it by the National Council.
Other youth organization membership policies
There are affiliated Scouting organizations in other countries with less restrictive membership criteria than the BSA by choice and/or because of nondiscrimination laws in their country, as well as organizations with similar policies. In the United States, other major youth organizations tend to have less restrictive policies.World Organization of Scouting Movement programs
The Boy Scouts of America has belonged to the World Organization of the Scout MovementWorld Organization of the Scout Movement
The World Organization of the Scout Movement is the Non-governmental international organization which governs most national Scout Organizations, with 31 million members. WOSM was established in 1920, and has its headquarters at Geneva, Switzerland...
(WOSM) since its founding in 1922. WOSM has a membership of 155 National Scout Organizations with more than 28 million individuals. Only one Scouting organization per country is recognized by WOSM. In about ten percent of the countries, the National Scout Organization is a federation composed of more than one Scout association; some of the associations in a federation may be for members of a specific religion (e.g., Denmark and France), ethnicity (e.g., Bosnia and Israel), or native language (e.g., Belgium).
On religion, WOSM states the following about its Fundamental Principles:
Under the title "Duty to God", the first of the above-mentioned principles of the Scout Movement is defined as "adherence to spiritual principles, loyalty to the religion that expresses them and acceptance of the duties resulting therefrom". It should be noted that, by contrast to the title, the body of the text does not use the word "God", in order to make it clear that the clause also covers religions which are non-monotheistic, such as Hinduism, or those which do not recognize a personal God, such as Buddhism.
It says nothing official on homosexuals.
The value system
Value system
A value system is a set of consistent ethic values and measures used for the purpose of ethical or ideological integrity. A well defined value system is a moral code.-Personal and communal:...
of the BSA and other Scouting associations may differ; this is evident in the different Scout promises and laws used by associations. Most other Scouting associations oaths and laws do not include the very specific wording to be "reverent" and "morally straight" which BSA added at its founding in 1910. Correspondingly, the membership policies of Scouting associations may differ as well (see Scout Promise
Scout Promise
Since the publication of Scouting for Boys in 1908, all Scouts and Guides around the world have taken a Scout promise or oath to live up to ideals of the movement, and subscribed to a Scout Law. The wording of the Scout Promise and Scout Law have varied slightly over time and from country to...
and Scout Law
Scout Law
Since the publication of Scouting for Boys in 1908, all Scouts and Guides around the world have taken a Scout Promise or oath to live up to ideals of the movement, and subscribed to a Scout Law...
).
For example, in contrast to the BSA's policy, homosexuals are not restricted from leadership positions in Scouts Canada
Scouts Canada
Scouts Canada is a Canadian Scouting association that, in affiliation with the French-language Association des Scouts du Canada, is a member of the World Organization of the Scout Movement...
and most European associations, including The Scout Association
The Scout Association
The Scout Association is the World Organization of the Scout Movement recognised Scouting association in the United Kingdom. Scouting began in 1907 through the efforts of Robert Baden-Powell. The Scout Association was formed under its previous name, The Boy Scout Association, in 1910 by the grant...
in the United Kingdom, Ring deutscher Pfadfinderverbände
Ring deutscher Pfadfinderverbände
The Ring deutscher Pfadfinderverbände is the German national Scouting organization within the World Organization of the Scout Movement...
of Germany (German Scout Federation), and the Swedish Guide and Scout Association
Svenska Scoutrådet
Svenska Scoutrådet is the national Scouting and Guiding federation of Sweden.Scouting in Sweden was founded in 1908, Guiding followed in 1910...
.
"Duty to God" is a principle of worldwide Scouting
Scout method
The Scout method is the informal educational system used by Scouting. The aim of Scouting is character training with the goal of helping participants become independent and helpful,and thereby become "healthy, happy, helpful citizens"....
and WOSM requires its member National Scout Organizations to reference "duty to God" in their Scout Promises (see WOSM Scout Promise requirements). Scouting associations apply this principle to their membership policies in different ways. The Boy Scouts of America
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
takes a hard-line position by excluding atheists or agnostics from membership. Scouts Canada
Scouts Canada
Scouts Canada is a Canadian Scouting association that, in affiliation with the French-language Association des Scouts du Canada, is a member of the World Organization of the Scout Movement...
defines "duty to God" broadly in terms of "adherence to spiritual
Spirituality
Spirituality can refer to an ultimate or an alleged immaterial reality; an inner path enabling a person to discover the essence of his/her being; or the “deepest values and meanings by which people live.” Spiritual practices, including meditation, prayer and contemplation, are intended to develop...
principles" and does not have any explicit policy excluding non-theists. According to the Equal Opportunities Policy of The Scout Association
The Scout Association
The Scout Association is the World Organization of the Scout Movement recognised Scouting association in the United Kingdom. Scouting began in 1907 through the efforts of Robert Baden-Powell. The Scout Association was formed under its previous name, The Boy Scout Association, in 1910 by the grant...
in the United Kingdom:
"To enable young people to grow into independent adults the Scout MethodScout methodThe Scout method is the informal educational system used by Scouting. The aim of Scouting is character training with the goal of helping participants become independent and helpful,and thereby become "healthy, happy, helpful citizens"....
encourages young people to question what they have been taught. Scouts and Venture Scouts who question God's existence, their own spirituality or the structures and beliefs of any or all religions are simply searching for spiritual understanding. This notion of a search for enlightenment is compatible with belief in most of the world's faiths. It is unacceptable to refuse Membership, or question a young person's suitability to continue to participate fully in a Section, if they express doubts about the meaning of the PromiseScout PromiseSince the publication of Scouting for Boys in 1908, all Scouts and Guides around the world have taken a Scout promise or oath to live up to ideals of the movement, and subscribed to a Scout Law. The wording of the Scout Promise and Scout Law have varied slightly over time and from country to...
."
The membership policies of Scouting organizations also vary regarding the inclusion of girls, see Coeducational Scouting.
American youth organizations
The Girl Scouts of the USAGirl Scouts of the USA
The Girl Scouts of the United States of America is a youth organization for girls in the United States and American girls living abroad. It describes itself as "the world's preeminent organization dedicated solely to girls". It was founded by Juliette Gordon Low in 1912 and was organized after Low...
accepts gays and lesbians, and allows its members to substitute another word in place of "God" when reciting the Girl Scout Promise.
The American Heritage Girls
American Heritage Girls
The American Heritage Girls is a Christian Scouting organization founded in 1995 by Patti Garibay and other parents from West Chester, Ohio, who were unhappy that the Girl Scouts accepted lesbians as troop leaders, allowed girls to substitute another word more applicable to their belief for "God"...
is a Christian Scouting organization that provides an alternative to the Girl Scouts of the USA
Girl Scouts of the USA
The Girl Scouts of the United States of America is a youth organization for girls in the United States and American girls living abroad. It describes itself as "the world's preeminent organization dedicated solely to girls". It was founded by Juliette Gordon Low in 1912 and was organized after Low...
(GSUSA). American Heritage Girls' policies on homosexuals and atheists are similar to those held by the BSA. It was formed by parents who were unhappy that GSUSA accepted lesbians as troop leaders, allowed girls to substitute a word more applicable to their belief for the word "God" in the Girl Scout Promise, and allegedly banned prayer at meetings. American Heritage Girls has about 10,000 members, whereas Girl Scouts of the USA has around 2,500,000 youth members and 900,000 adults. Some youth organizations do not have policies that exclude or restrict gays and atheists, and are coeducational, such as Camp Fire USA
Camp Fire USA
Camp Fire USA, originally Camp Fire Girls of America, is a nationwide American youth organization that began in 1910. The organization has been co-ed since 1975 and welcomes youth from pre-kindergarten through age 21. Camp Fire was the first nonsectarian, multicultural organization for girls in...
, SpiralScouts International
SpiralScouts International
SpiralScouts International is a youth organization in the United States for children of neo-pagan faiths . It was created in 1999 as a loosely organized children's program, at the Aquarian Tabernacle Church...
, 4-H
4-H
4-H in the United States is a youth organization administered by the National Institute of Food and Agriculture of the United States Department of Agriculture , with the mission of "engaging youth to reach their fullest potential while advancing the field of youth development." The name represents...
, and the BSA's Learning for Life
Learning for Life
Learning for Life is a United States school and work-site based youth program that is a subsidiary of the Boy Scouts of America. It utilizes programs designed for schools and community-based organizations that are designed to prepare youth for the complexities of contemporary society and to...
program.
Litigation over the membership policies
The Boy Scouts of America has been suedLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
because of its membership, leadership, and employment standards. Some of the lawsuits dealt with the BSA's standards that require Scouts and Scouters to believe in God, those in leadership positions to not be openly homosexual, and the exclusion of girls from membership in some programs.
There has been some opposition to single-sex membership programs and organizations in the United States including some programs of the BSA. The Boy Scouts of America admits only boys to its Cub Scouting and Boy Scouting programs. Several lawsuits involving girls seeking admission to these programs (see Yeaw v. Boy Scouts of America
Yeaw v. Boy Scouts of America
Yeaw v. Boy Scouts of America was a high-profile case before the Supreme Court of California to determine whether the Boy Scouts of America is a business establishment within the meaning of the Unruh Civil Rights Act and has the right to exclude girls from membership.- Background :Katrina Yeaw...
) have resulted in court rulings that the BSA is not required to admit girls.
During the 1980s and 1990s,several people attracted media attention when they sued the BSA, attempting to make them accept atheists as members and homosexual individuals in leadership positions.
In 1981, Tim Curran, an openly homosexual former Scout, sued asking that he be accepted as an assistant Scoutmaster (see Curran v. Mount Diablo Council). In 1991, twin brothers William and Michael Randall, who had refused to recite the "duty to God" portion of the Cub Scout Promise and Boy Scout Oath, sued to be allowed to continue in the program (see Randall v. Orange County Council
Randall v. Orange County Council
Randall v. Orange County Council, 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 , was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establishments" as used in the state's Unruh Civil Rights Act and could...
and Welsh v. Boy Scouts of America
Welsh v. Boy Scouts of America
Welsh v. Boy Scouts of America, 993 F. 2d 1267 , was a decision by the United States Court of Appeals for the Seventh Circuit that upheld the right of private organizations to discriminate on the basis of religion when establishing their own membership standards.In 1989, six year old Mark Welsh,...
). In addition, there were several other lawsuits involving essentially the same issues. Ultimately, the courts ruled in favor of the Boy Scouts of America in each case.
The courts have repeatedly held that the Boy Scouts of America, and all private organizations, have a right to set membership standards in accordance with the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
protected concept of freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
. In particular, in Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
, the U.S. Supreme Court ruled in 2000 that the BSA's Constitutional right to freedom of association gave them the authority to expel a gay assistant Scoutmaster.
After the Dale decision, public opinion in some communities turned against the BSA; corporations, charities, and even some local governments criticized the policy, threatening to either cut off financial support or block the Boy Scouts from using public buildings for their meetings. While some segments of the public criticized the organization, other groups became more enthusiastic in their support of the Scouts.
Since the Supreme Court's ruling, the focus of lawsuits has shifted to challenging the BSA's relationship with governments in light of their membership policies. A number of lawsuits have been filed by or with the assistance of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
over issues such as government association with the BSA and the conditions under which the BSA may access governmental resources.
Governmental sponsorship of Scouting units
The American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) has taken legal action to stop governmental organizations from serving as the chartered organizations (sponsors) of Scouting units in violation of the establishment clause of the First Amendment. The Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
announced in 2004 that it would end direct sponsorship of Scouting units in response to a lawsuit brought by the ACLU. "The ACLU of Illinois charged that the Boy Scouts' policy violates the religious liberty of youth who wish to participate but do not wish to swear a religious oath, and that direct government sponsorship of such a program is religious discrimination."
The BSA agreed in 2005 to transfer all charters it had issued to governmental entities to private entities in response to a request from the ACLU. Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.
Access to governmental resources
In certain municipalities, the conditions under which the Boy Scouts of America can access public and nonpublic governmental resources have become controversial, sometimes resulting in litigation. Historically, the BSA (and the Girl Scouts of the USA) has often been granted preferential access to governmental resources such as lands and facilities.When a private organization such as the BSA receives access on terms more favorable than other private organizations, it is known as "special" or "preferential" access whereas "equal" access is access on the same terms. For example, state and local governments may lease property to nonprofit groups (such as the BSA) on terms that are preferential to or equal to the terms they offer to commercial groups, in other words they may give nonprofit groups either special or equal access. Special access includes access at a reduced fee (including no fee) or access to places off-limits to other groups. The categorization of access as "special" or "equal" is not always clear-cut.
Some cities, counties, and states have ordinances or policies that limit government support for organizations that practice some types of discrimination. When the BSA's membership policies are perceived as contrary to these laws, some government organizations have moved to change the terms under which the BSA is allowed to access its resources. Private individuals have filed lawsuits to prevent governmental entities from granting what they see as preferential access. The BSA on the other hand has sued governmental entities for denying what it sees as equal access.
In response to these changes and litigation, the federal government passed laws mandating the BSA's equal access to local and state-level governmental resources. The Boy Scouts of America Equal Access Act
Boy Scouts of America Equal Access Act
The Boy Scouts of America Equal Access Act was passed to prevent State and Federal agencies from reducing their support for the Boy Scouts of America...
, enacted in 2002, requires public elementary and secondary schools that receive U.S. Department of Education funding to provide BSA groups equal access to school facilities. The Support our Scouts Act
Support Our Scouts Act
The Support Our Scouts Act of 2005 was passed as part of the Department of Defense Appropriations Act, 2006 to prevent Local, State and Federal agencies from reducing their support for the Boy Scouts of America...
of 2005 requires state and local governments that receive HUD
United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development, also known as HUD, is a Cabinet department in the Executive branch of the United States federal government...
funding to provide BSA groups equal access to governmental forums (lands, facilities, etc.). State and local governments still have flexibility regarding the provision of special access to the BSA.
Litigation regarding access to governmental resources
Litigation has challenged the granting of preferential or equal access of the Boy Scouts of America to governmental facilities and resources:- A US District Court's ruling against the BSA on the favorable terms under which the City of San Diego leases public land to the local BSA Council was referred to the California Supreme Court by the Federal Appellate Court. See Barnes-Wallace v. Boy Scouts of AmericaBarnes-Wallace v. Boy Scouts of AmericaBarnes-Wallace v. Boy Scouts of America is an on-going case involving the City of San Diego's relationship with the Boy Scouts of America....
. - Philadelphia revoked the terms under which the City of Philadelphia leases public land to the BSA. The local BSA council sued the city over the breach of contract. See Cradle of Liberty Council v. City of PhiladelphiaCradle of Liberty Council v. City of PhiladelphiaCradle of Liberty Council, Inc., Boy Scouts of America, v. City of Philadelphia also known as Cradle of Liberty Council v. City of Philadelphia, [2:08-cv-02429RB] is a U.S. Court case involving the Cradle of Liberty Council versus the City of Philadelphia. The case was filed on May 23, 2008 in the...
. The US District Court ruled June 2010 in favor of the Boy Scouts of America and that the city's selective actions against the council were designed to impinge BSA's First Amendment rights. Under federal Civil Rights Law, the Cradle of Liberty Council Council is now also entitled to collect its legal costs (estimated at one million dollars) from the city's unlawful action. As a result, the city and the Cradle of Liberty Council are engaged in negotiations to transfer the building from the city to the council in exchange for the council not collecting those legal costs from the city. - In July 2003, the 2nd U.S. Circuit Court of Appeals upheld a decision by a U.S. District Judge that excluded the BSA from an annual workplace charitable campaign run by the state of Connecticut because of the BSA's policy on homosexuals. In March 2004, the United States Supreme Court declined to review the case.
- In March 2006, the California Supreme Court ruled in Evans v. BerkeleyEvans v. BerkeleyEvans v. Berkeley was a court case which upheld the right of governmental entities in California to withhold support from non-profit organizations that practice discrimination on the basis of sexual orientation and religion....
that the City of Berkeley did not have to continue to provide free dock space to the Sea ScoutsSea Scouts (Boy Scouts of America)Sea Scouting is a part of the Venturing program that the Boy Scouts of America offers for young men and women. Along with Cub Scouting for younger boys and Boy Scouting for older boys, Venturing and Sea Scouting provide a program for religious, fraternal, educational, and other community...
. In October 2006, the United States Supreme Court declined to review Evans v. Berkeley. - In September 2006, the Oregon Supreme Court ruled that recruiting by BSA in public schools did not violate the state's nondiscrimination laws.
- The U.S. Army gives the BSA special access to a base, Fort A.P. HillFort A.P. HillFort A.P. Hill, Virginia, is an active duty installation of the United States Army, located near the town of Bowling Green, Virginia.Named for Confederate Lieutenant General Ambrose Powell Hill, Fort A.P...
, for its national Scout jamboreeNational Scout jamboree (Boy Scouts of America)The national Scout jamboree is a gathering, or jamboree of thousands of members of the Boy Scouts of America, usually held every four years and organized by the National Council of the Boy Scouts of America. Referred to as "the Jamboree", "Jambo", or NSJ, Scouts from all over the nation and world...
and the U.S. Department of Defense spends approximately $2 million per year in taxpayer funds to assist the BSA in staging it. On April 4, 2007 the US Court of Appeals overturned a lower court ruling on the basis of a lack of standing to sue, thus allowing the 2010 and future Jamborees to go forward with continued DoD support (see Winkler v. RumsfeldWinkler v. RumsfeldWinkler v. Rumsfeld was a case regarding the United States Armed Forces and their support of the Boy Scouts of America's National Scout jamborees....
).
Reaction to Boy Scouts of America's membership policies
There has been opposition to BSA's membership policies from organizations and individuals. Some within the Scouting movementScouting
Scouting, also known as the Scout Movement, is a worldwide youth movement with the stated aim of supporting young people in their physical, mental and spiritual development, that they may play constructive roles in society....
, as well as long-time Scouting supporters, parents, chartered organizations, and religious organizations have expressed opposition to the policies in ways ranging from protests to forming organizations that advocate greater inclusiveness. Some push for a voluntary change within the BSA, others seek involuntary change by filing lawsuits, still others choose to disassociate themselves from the BSA or encourage others to do so.
Perhaps the most vocal opponent of the policies has been the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, which has brought or been a participant in fourteen lawsuits against the Boy Scouts of America from 1981 to March 2006. A few members of the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
have also spoken out against the BSA's policies. Since the Dale decision, some Eagle Scouts
Eagle Scout (Boy Scouts of America)
Eagle Scout is the highest rank attainable in the Boy Scouting program of the Boy Scouts of America . A Scout who attains this rank is called an Eagle Scout or Eagle. Since its introduction in 1911, the Eagle Scout rank has been earned by more than 2 million young men...
(about 100) have returned their Eagle Scout badge to the BSA in protest.
The Unitarian Universalist Association
Unitarian Universalist Association
Unitarian Universalist Association , in full the Unitarian Universalist Association of Congregations in North America, is a liberal religious association of Unitarian Universalist congregations formed by the consolidation in 1961 of the American Unitarian Association and the Universalist Church of...
's opposition to the BSA's membership exclusions led to a dispute between the organizations. In 2001, the Union for Reform Judaism's
Union for Reform Judaism
The Union for Reform Judaism , formerly known as the Union of American Hebrew Congregations , is an organization which supports Reform Jewish congregations in North America. The current President is Rabbi Eric H...
Commission on Social Action, citing a commitment to ending discrimination in all forms, issued a memorandum
Memorandum
A memorandum is from the Latin verbal phrase memorandum est, the gerundive form of the verb memoro, "to mention, call to mind, recount, relate", which means "It must be remembered ..."...
recommending that congregations stop hosting BSA troops and that parents withdraw their children from all of the Boy Scouts of America's programs. Additionally, the General Synod of the United Church of Christ
United Church of Christ
The United Church of Christ is a mainline Protestant Christian denomination primarily in the Reformed tradition but also historically influenced by Lutheranism. The Evangelical and Reformed Church and the Congregational Christian Churches united in 1957 to form the UCC...
issued a statement urging the BSA to change policy and stated that "Discrimination against anyone based on sexual orientation is contrary to our understanding of the teachings of Christ."
The Secular Coalition for America
Secular Coalition for America
The Secular Coalition for America is an advocacy group located in Washington D.C., representing atheists, humanists, freethinkers, agnostics, and other non-theistic people with a naturalistic worldview in American politics. Sean Faircloth, a five-term Maine state legislator, served as Executive...
has urged Congress to revoke the federal charter of the BSA, stating: "Our government must not entangle itself in religious organizations; nor should it establish, with government imprimatur, a private religious club."
Loss of support
Some public entities and private institutions have ceased financial or other support of the BSA, primarily as a result of conflicts between their nondiscrimination policies and the BSA's membership policies. About 50 of the 1300 local United Ways, including those in MiamiMiami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
, Orlando
Orlando, Florida
Orlando is a city in the central region of the U.S. state of Florida. It is the county seat of Orange County, and the center of the Greater Orlando metropolitan area. According to the 2010 US Census, the city had a population of 238,300, making Orlando the 79th largest city in the United States...
, Philadelphia
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, and Seattle, have withdrawn all funding. The BSA has also lost all funding from several large corporations that had been regular donors, such as Chase Manhattan Bank
Chase Manhattan Bank
JPMorgan Chase Bank, N.A., doing business as Chase, is a national bank that constitutes the consumer and commercial banking subsidiary of financial services firm JPMorgan Chase. The bank was known as Chase Manhattan Bank until it merged with J.P. Morgan & Co. in 2000...
, Levi Strauss
Levi Strauss
Levi Strauss was a German-Jewish immigrant to the United States who founded the first company to manufacture blue jeans. His firm, Levi Strauss & Co., began in 1853 in San Francisco, California.-Origins:...
, Fleet Bank, CVS/pharmacy, and Pew Charitable Trusts. For example, Pew Charitable Trusts, which had consistently supported the BSA for over fifty years, decided to cancel a $100,000 donation and cease future donations. A number of public entities (including the cities of Chicago, San Diego
San Diego, California
San Diego is the eighth-largest city in the United States and second-largest city in California. The city is located on the coast of the Pacific Ocean in Southern California, immediately adjacent to the Mexican border. The birthplace of California, San Diego is known for its mild year-round...
, Tempe
Tempe, Arizona
Tempe is a city in Maricopa County, Arizona, USA, with the Census Bureau reporting a 2010 population of 161,719. The city is named after the Vale of Tempe in Greece. Tempe is located in the East Valley section of metropolitan Phoenix; it is bordered by Phoenix and Guadalupe on the west, Scottsdale...
, Buffalo Grove
Buffalo Grove, Illinois
Buffalo Grove is an affluent village located in the northern suburbs of Chicago, and in Cook and Lake counties in Illinois, United States. The town was named for Buffalo Creek, which was itself named for bison bones found in the area....
, Berkeley
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
, and Santa Barbara
Santa Barbara, California
Santa Barbara is the county seat of Santa Barbara County, California, United States. Situated on an east-west trending section of coastline, the longest such section on the West Coast of the United States, the city lies between the steeply-rising Santa Ynez Mountains and the Pacific Ocean...
, as well as the states of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, and Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
) have canceled charitable donations (of money or preferential land access) that had historically been granted to the Scouts.
Eagle Scout filmmaker Steven Spielberg
Steven Spielberg
Steven Allan Spielberg KBE is an American film director, screenwriter, producer, video game designer, and studio entrepreneur. In a career of more than four decades, Spielberg's films have covered many themes and genres. Spielberg's early science-fiction and adventure films were seen as an...
had been a long-time supporter of Scouting, depicting a young Indiana Jones
Indiana Jones
Colonel Henry Walton "Indiana" Jones, Jr., Ph.D. is a fictional character and the protagonist of the Indiana Jones franchise. George Lucas and Steven Spielberg created the character in homage to the action heroes of 1930s film serials...
as a Boy Scout in the 1989 film Indiana Jones and the Last Crusade
Indiana Jones and the Last Crusade
Indiana Jones and the Last Crusade is a 1989 American adventure film directed by Steven Spielberg, from a story co-written by executive producer George Lucas. It is the third film in the Indiana Jones franchise. Harrison Ford reprises the title role and Sean Connery plays Indiana's father, Henry...
and helping to create the Cinematography
Cinematography
Cinematography is the making of lighting and camera choices when recording photographic images for cinema. It is closely related to the art of still photography...
merit badge
Merit badge (Boy Scouts of America)
Merit badges are awards earned by youth members of the Boy Scouts of America , based on activities within an area of study by completing a list of periodically updated requirements. The purpose of the merit badge program is to allow Scouts to examine subjects to determine if they would like to...
. Spielberg resigned from the BSA Advisory Council in 2001, saying, "it has deeply saddened me to see the Boy Scouts of America actively and publicly participating in discrimination."
Efforts to change the membership and leadership policies
There have been numerous efforts (other than litigation) to change the BSA's membership policies regarding atheists and leadership policies regarding homosexuals; most have failed. At the BSA annual national meeting of local council representatives in Boston in 2001, nine local councils submitted a resolution to give more discretion for membership and leadership standards to local councils and chartered organizations; this resolution and two others also seeking to liberalize the policy towards homosexuals were considered by the BSA National Executive Board but the initiative failed in 2002. The policy was revised to the current policy in 2004.Some current and former Scouts and Scout leaders formed organizations that advocated the removal of atheism restrictions on membership and homosexual-related restrictions on leadership. In 1991, William Boyce Mueller, a former Cub Scout and grandson of original Boy Scouts of America founder William Dickson Boyce
William D. Boyce
William Dickson "W. D." Boyce was an American newspaper man, entrepreneur, magazine publisher, and explorer. He was the founder of the Boy Scouts of America and the short-lived Lone Scouts of America . Born in Allegheny County, Pennsylvania, he acquired a love for the outdoors early in his life...
, helped start an advocacy group of gay former Scouts called the "Forgotten Scouts". The Coalition for Inclusive Scouting was another organization. Both of these organizations are apparently inactive now.
Scouting for All
Scouting For All
Scouting for All is an American advocacy organization. It is a 501 non-profit organization whose stated purpose is to promote tolerance and diversity within the Boy Scouts of America in the face of its policies requiring members to be heterosexuals who believe in God.-History:Initially founded in...
seeks to promote tolerance
Toleration
Toleration is "the practice of deliberately allowing or permitting a thing of which one disapproves. One can meaningfully speak of tolerating, ie of allowing or permitting, only if one is in a position to disallow”. It has also been defined as "to bear or endure" or "to nourish, sustain or preserve"...
and diversity
Multiculturalism
Multiculturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...
within the BSA. Scouter Dave Rice co-founded Scouting for All in 1993, initially for the purpose of changing the BSA policy on sexual orientation. In 1998, the Boy Scouts of America dismissed him after 59 years of membership for "involving Scouting youth" in his effort. Rice, who is not gay, stated that he obeyed all rules and guidelines and that he never misused his leadership status or promoted an agenda during troop meetings. He maintains that the Boy Scouts of America violated its own rules by summarily dismissing him without granting him a chance to present evidence to a regional review board as is required by the BSA's "Procedures for Maintaining Standards of Membership".
Support for the Boy Scouts of America
The membership controversy and subsequent litigation, some of which has been in response to the 2000 ruling in Boy Scouts of America v. DaleBoy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
, has prompted a number of expressions of support for the BSA organization, program, or policies. In 2002, the National Executive Board of Boy Scouts of America reiterated its support for the policies and affirmed that "the Boy Scouts of America shall continue to follow its traditional values and standards of leadership".
Support from federal government
The U.S. House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
have overwhelmingly passed resolutions in support of the Boy Scouts of America. In November 2004, the House passed a resolution, by a vote of 391 to 3, recognizing "the Boy Scouts of America for the public service the organization performs". Then, in February 2005, the House passed a resolution by a vote of 418 to 7, stating that "the Department of Defense should continue to exercise its long-standing statutory authority to support the activities of the BSA, in particular the periodic national and world Scout jamborees
World Scout Jamboree
The World Scout Jamboree is a Scouting jamboree of the World Organization of the Scout Movement, typically attended by several tens of thousands of Scouts from around the world, aged 14 to 17....
."
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has twice passed bills in response to the governmental resources access controversy. In 2001, the U.S. Congress passed the Boy Scouts of America Equal Access Act
Boy Scouts of America Equal Access Act
The Boy Scouts of America Equal Access Act was passed to prevent State and Federal agencies from reducing their support for the Boy Scouts of America...
, which encouraged the BSA's access to educational facilities. In July 2005, the Senate voted 98 to 0 in favor of the Support Our Scouts Act
Support Our Scouts Act
The Support Our Scouts Act of 2005 was passed as part of the Department of Defense Appropriations Act, 2006 to prevent Local, State and Federal agencies from reducing their support for the Boy Scouts of America...
, enacted in December 2005, which encourages both governmental support of the Boy Scouts in general and federal support of the national Scout jamboree
National Scout jamboree (Boy Scouts of America)
The national Scout jamboree is a gathering, or jamboree of thousands of members of the Boy Scouts of America, usually held every four years and organized by the National Council of the Boy Scouts of America. Referred to as "the Jamboree", "Jambo", or NSJ, Scouts from all over the nation and world...
.
Senator Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
, one of the sponsors of the Support Our Scouts Acts, spoke highly of the BSA, saying:
- "This unique American institution is committed to preparing our youth for the future by instilling in them values such as honesty, integrity, and character."
Of the Act, Frist explained:
- "This legislation will allow the Boy Scouts to fulfill its mission without the distraction of defending itself against senseless attacks."
President of the United States William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
began serving as the first Honorary President of the Boy Scouts of America in 1911; the tradition has been followed by each succeeding U.S. President. In July 2001, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
addressed the National Scout Jamboree and, although he did not directly discuss the controversies, reiterated his support for the organization. At the Jamboree, Bush commended the Scouts for upholding "values that build strong families, strong communities, and strong character" and said that the Scouts' values "are the values of America."
In January 2009, the American Humanist Association
American Humanist Association
The American Humanist Association is an educational organization in the United States that advances Humanism. "Humanism is a progressive philosophy of life that, without theism and other supernatural beliefs, affirms our ability and responsibility to lead ethical lives of personal fulfillment that...
and eighteen other nontheistic organizations sent an open letter to then President-Elect Obama urging him not to serve as the Boy Scouts' honorary president because of the Scouts' positions on religion.President Obama accepted the position and received the BSA's annual report from a group of Scouts in February 2009.
On July 29, 2010, Obama chose not to attend the Scouts' centennial Jamboree, accepting instead an invitation to do an interview on the daytime talk show The View. This decision was met with criticism, and raised speculation that the President's absence was a subtle protest against the Scouts' policies, or deferring to groups opposed to BSA's policies, although he does serve as Honorary National President and has hosted the annual Report to the Nation delegation from the BSA each year at the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
.
Support from others
A wide range of individuals, commentators, and conservative groups have spoken out in support of the Boy Scouts of America. The BSA legal website provides a list of editorials written in support of the BSA.A conservative civil libertarian group, the American Civil Rights Union
American Civil Rights Union
The American Civil Rights Union is a civil liberties organization founded by former Reagan Administration official Robert B. Carleson in 1998. It was founded in response to views that the most prominent civil liberties organization, the American Civil Liberties Union, was too leftward leaning; ACRU...
(not to be confused with the ACLU), set up the Scouting Legal Defense Fund, and routinely helped with lawsuits. In a legal brief filed in support of the BSA, the American Civil Rights Union argued that "To label [the BSA's membership policies] discriminatory and exclusionary, and a civil rights violation, is an assault on the very freedom of American citizens to advance, promote, and teach traditional moral values." In 2000, a group of current and former members of the BSA created the group "Save Our Scouts", in order "to support and defend the principles of the Scout Oath and Law". This group has subsequently closed as a charity due to failure to file annual reports.
Eagle Scout Hans Zeiger
Hans Zeiger
Hans Andreas Zeiger is the representative-elect for the 25th Legislative District of Washington. A native of Puyallup, Washington, Zeiger is a writer best known for his commentary on the Boy Scouts. He is currently the representative for the 25th Legislative District of Washington.-Early...
, author of Get Off My Honor: The Assault on the Boy Scouts of America, told the Washington Times, "Scouts' honor is under attack in American culture". Zeiger applauds what he sees as the BSA's courage in resisting political pressure, saying, "Regardless of what leads to homosexuality, it is a thing that has an agenda in our society and is very harmful to the traditional family and is causing a tremendous amount of harm to young men. The Boy Scouts are one of the few organizations that have the moral sense to stand against the homosexual agenda".
An online petition, which had received over 375,000 electronic signatures, showed support for the Scouts from those who are "deeply troubled by the recent attacks which have come against the Boy Scouts simply because the Scouts have taken a stand for faith and moral values." The petition further asserted that, "As a private organization, the Boy Scouts has every right to set standards for leadership and morality."
Following the Dale decision, a number of independent research organizations conducted surveys to determine American public opinion on the controversy. In these surveys, more respondents supported the BSA position than opposed it.
The Church of Jesus Christ of Latter-day Saints (LDS Church), a longtime supporter of the Boy Scouts of America, teaches that homosexual activity is immoral. The LDS Church is the largest single sponsor of Scouting units with over 30,000 units nationwide, which comprise about 13% of BSA's youth members. The LDS Church has stated that it would withdraw from the Scouting program if it was ever compelled to accept homosexual Scout leaders. This does not differ from the LDS Church policy of allowing "non practicing" self professed gay members to enjoy all the same rights and privileges as any other Church member.
The United Methodist Church
United Methodist Church
The United Methodist Church is a Methodist Christian denomination which is both mainline Protestant and evangelical. Founded in 1968 by the union of The Methodist Church and the Evangelical United Brethren Church, the UMC traces its roots back to the revival movement of John and Charles Wesley...
, the second-largest sponsor of Scouting units, has taken no public position on the controversy surrounding allowing gay leaders in Scouting, although in recent years the Church itself has had an ongoing internal debate regarding whether or not to accept LGBT clergy.
Historical membership controversies
There have been membership controversies in the past that have been resolved such as the exclusion of women from some leadership positions, those related to the breakup of ExploringExploring (Learning for Life)
Exploring is a worksite-based program of Learning for Life, a subsidiary of the Boy Scouts of America, for young men and women who are 14 through 20 years old...
, and those resulting from racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
.
See also
- Religion in ScoutingReligion in ScoutingReligion in Scouting and Guiding is an aspect of the Scout method that has been practiced differently and given different interpretations over the years....
- Religious emblems programs (Boy Scouts of America)
- Scouting controversy and conflictScouting controversy and conflictScouting has sometimes become entangled in social controversies such as the civil rights struggle in the American South and in nationalist resistance movements in India...
External links
Sites supportive of the Boy Scouts of America's policiesSites critical of the Boy Scouts of America's policies
- Scouting for All
- Discrimination in the Boy Scouts of America
- Ontario Consultants on Religious Tolerance's web page on the BSA
Other sites
Publications
- Koppelman, Andrew and Tobias Barrington Wolff (2009). A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association. Yale University Press. ISBN 978-0300121278.
- Perry, Rick [2008]. On My Honor: Why the American Values of the Boy Scouts Are Worth Fighting for. Stroud & Hall Publishers. ISBN 978-0979646225.
- Volokh, Eugene Freedom of Expressive Association and Government Subsidies. Stanford Law Review (UCLA) 58: 1919–1968.