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The organization's Constitutional right to have these policies has been upheld repeatedly by both State and Federal Courts . The Supreme Court Of The United States has affirmed that as a private organization, the BSA can set its own membership standards. In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources including public lands.1 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.2 The texts of BSA's Scout Oath and Scout Law for Boy Scouting have remained unchanged since they were approved in 1911.3
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."Robert Baden-Powell (1908) ''Scouting for Boys'', quoted here and elsewhere 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.456 Officials from various religious organizations—including the 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, a Scout promises 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 the Scout Oath and Law to be incompatible with homosexuality.Boy Scouts of America et al. v. Dale (2000) Decision of the US Supreme Court Similarly, since at least 1985, the BSA has interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism., excerpt here In both instances, the organization asserted that it was not a "new policy" to expel atheists and gays—rather, the BSA argued it was just enforcing long-held policies which had never been published or publicly challenged.Pool & Geller v. BSA Compainant's Proposed Findings of Fact and Conclusions of Law Position on atheists and agnostics The Boy Scouts of America's position is that Agnostics and Atheist s cannot participate as Scouts (youth members) or Scouters (adult leaders). 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." The Boy Scouts of America requires youths and adults to subscribe to the precepts of the Declaration of Religious Principle and to agree to abide by the Scout Law and Scout Oath, which includes the words, "To do my duty to God". The BSA believes that an atheist or agnostic is not an appropriate role model of the Scout Oath and Law for boys, and thus will not accept such adults as leaders. See also Position on homosexuals Since 1991, openly gay adults have been officially prohibited from joining the Boy Scouts of America.Curran v. Mount Diablo Council of the Boy Scouts of America (1998) Decision of the California Supreme Court 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.”7 The BSA thus "believes that a known or avowed homosexual is not an appropriate role model of the Scout Oath and Law."8 The language used to describe the BSA's policies on homosexuals has evolved over time. Prior to 2004, the policy stated: :"We do not allow for the registration of avowed homosexuals as members or as leaders of the BSA."9 In 2004, the BSA adopted a new policy statement: :"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." The BSA stated in a 2000 press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person."10 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 homosexuals.11 However, there exist reports of Scouting leaders improperly questioning members about their sexual orientation, sometimes resulting in their expulsion.12 In 2005, a high-level employee of BSA was fired by National Council after the organization somehow received a copy of his bill from a Gay Resort at which he had vacationed.13 BSA Local Councils and Scouting units are required to adhere to National Council policies as a condition of their charters;14 however, there is inconsistency in the way some have interpreted and implemented official policy on homosexuality. Several local councils have stated that they have implemented the policy in a way that is similar to the U.S. Armed Forces' "Don't Ask, Don't Tell" policy.15 In this view, homosexuals should be allowed to remain members as long as they do not disclose their Sexual Orientation , and the BSA should not question or investigate their sexual orientation. There is, however, disagreement as to whether " Don't Ask, Don't Tell " is consistent with National Council's official policy.1617 See also 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."18 While the BSA does not admit girls to these programs, the Venturing program is open to young men and women ages 14 through 21. See also Reaction to nondiscrimination policies In 2001, a local council in Boston adopted a nondiscrimination policy; however, when an openly gay man attempted to register as a merit badge counselor he was rejected on the basis of his sexual orientation.19 The same year, nine BSA local councils proposed a resolution that would have allowed local councils to comply with nondiscrimination policies regarding homosexuals but the resolution was rejected by the BSA National Council. In order to continue receiving United Way funding, a few local councils, including one in New Jersey, have signed nondiscrimination statements, apparently in violation of BSA National Council policy. 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 nondiscrimination policy." The BSA's policies have been legally challenged but have not been found to constitute illegal discrimination. YOUTH ORGANIZATION MEMBERSHIP POLICIES The membership policies of youth organizations vary; many have less restrictive membership criteria than the BSA by choice and/or because of nondiscrimination laws in their country. Mainstream Scouting The World Organization Of The Scout Movement (WOSM) serves the mainstream Scout Movement along with the World Association Of Girl Guides And Girl Scouts (WAGGGS). WOSM has a membership of 155 National Scout Organizations with more than 28 million individuals.20 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 segregated by religion (e.g., Denmark and France), ethnicity (e.g., Bosnia and Israel), or native language (e.g., Belgium). The WOSM National Scout Organization in the United States has been the Boy Scouts of America since it became a member in 1922. 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 (see Scout Promise and Scout Law ). Correspondingly, the membership policies of Scouting associations may differ as well. For example, in contrast to the BSA's policy, homosexuals are not restricted from membership or leadership positions in , there is usually at least one Scouting association that allows homosexuals as members and leaders. "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 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 .22 According 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 . The Girl Scouts Of The USA accepts homosexuals and allows its members to substitute another word in place of "God" when reciting the Girl Scout Promise.24 For information on Scouting associations that are not members of WOSM or WAGGGS, see Non-aligned Scouting And Scout-like Organisations . Other American youth organizations 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 gays 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. Other Youth Organization s do not have policies that exclude homosexuals and atheists, and are coeducational, such as Camp Fire USA , SpiralScouts International , 4-H , and the BSA's Learning For Life program.25 LITIGATION OVER THE MEMBERSHIP POLICIES The Boy Scouts of America has been sued because of its membership, leadership, and employment standards.26 Some of the lawsuits dealt with the BSA's standards that require Scouts and Scouters to believe in God and not be openly homosexual, and the exclusion of girls from membership in some programs.27 There has been some opposition to single-sex membership programs and organizations in the United States including some programs of the BSA.28 The Boy Scouts of America admits only boys to its Cub Scout and Boy Scout programs. Several lawsuits involving girls seeking admission to these programs have resulted in court rulings that the BSA is not required to admit girls. During the 1980s and 1990s, there were several high-profile lawsuits intended to require the BSA to include gays or atheists. In 1981, Tim Curran, an openly-gay former Scout, sued asking that he be accepted as an Assistant Scoutmaster (see and Welsh V. Boy Scouts Of America )., 17 Cal. 4th 73 In addition, there were several other lawsuits involving basically the same issues.e.g. Merino v. BSA, Pool & Geller v. BSA, Welsh v. BSA, Seabourn v. BSA. See Discrimination in the BSA Ultimately, the courts ruled in favor of the Boy Scouts of America in each case. The courts have repeatedly held that the Boys 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 right to freedom of association gave them the authority to expel a gay assistant Scoutmaster. 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.29 Governmental sponsorship of Scouting units The American Civil Liberties Union (ACLU) has taken legal action to stop governmental organizations from serving as the chartered organizations (sponsors) of Scouting units. The U.S. Department Of Defense announced in 2004 that it would end direct sponsorship of Scouting units in response to a religious discrimination lawsuit brought by the ACLU (stemming from the BSA's exclusion of atheists).30 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.31 Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.32 (See explanation of Scouting Units And Chartered Organizations .) 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.33 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 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.''Winkler v. Chicago School Reform Board, et al., Evans v. Berkeley'', discussed here 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.34 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.35 Recent litigation Recent litigation has been primarily about access to governmental resources. Active
Inactive
ADVERSE 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 Movement , 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 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. |
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