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Boy Scouts of America membership controversies

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Background information

  • The Boy Scouts of America's federal charter, in Title 36 of the United States Code, states, "The purposes of the corporation are to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods that were in common use by boy scouts on June 15, 1916."
  • BSA throughout its history has been an organization steeped in tradition. Unlike other organizations, its Oath and Law have not changed since 1910.
  • Charters are issued by the Boy Scouts of America to community organizations to enable them to use the Scouting program under their own leadership as a service to children, youth, and families. The chartered organization actually selects and appoints the leaders of the Scout unit, who must also meet BSA standards. Many civic and religious organizations have accepted such charters and make Scouting available to their members and the community. The Roman Catholic Church and the Church of Jesus Christ of Latter-day Saints (Mormons) in particular have large numbers of Boy Scout members and leaders associated with their programs.

Boy Scouts of America's controversial policies

Several controversies have arisen surrounding BSA in recent years and some have resulted in litigation. Most are associated with BSA's position that its traditional values as stated in the Scout Oath forbid atheists as members and avowed homosexuals in leadership positions. The following are links to pages on the BSA's Legal Issues Web Site that discuss these issues:

Other pertinent BSA policies include:

Discussion of controversies

Some practices of the organization have received increased public attention, largely beginning in the last quarter of the 20th century.

National Scout Jamboree

The National Scout Jamboree is a large gathering of Scouts held once every four years. Historically, National Jamborees were held in state and national parks like other groups' gatherings, but mutual concerns by BSA and the government over the environmental impact of 35,000 Scouts camping in heavily used places led to a 1978 agreement to use infrequently used military facilities instead.

Since 1981, the U.S. Army has allowed BSA to use Fort A.P. Hill in Virginia as the home of the National Jamboree, as authorized by Congress in 1972 through the enactment of 10 U.S.C. 2554. As part of the 1978 agreement, BSA paid for capital improvements at Fort A.P. Hill that can be used by both the Jamboree and military encampments at the site. BSA uses the facility for four weeks once every four years and it is available to the military for the rest of the time. The U.S. military regards the Jamboree as a unique public relations, recruitment and training opportunity, particularly in testing operations needed to support large scale military encampments or refugee tent cities.

The U.S. military has supported Jamborees since the 1930s. During the approximately four weeks of a National Jamboree operation, DOD contractors and about 1,500 troops might be engaged in training operations supporting it. Defense Department funding for this averages $2 million a year. A U.S. District Court judge ruled in June 2005 that this funding is unconstitutional because the BSA is a religious organization, requiring Scouts to affirm a belief in God. (There is separation of church and state in the United States.)

The U.S. Department of Justice has appealed the ruling, arguing that the military’s support for the Jamboree does not violate the separation of church and state on the grounds that BSA is not a religious organization, and that the plaintiffs had no legal standing to bring the suit in the first place. (Summary) (DOJ Brief) The Support Our Scouts Act of 2005, enacted December 30, 2005, provides for continued Defense Department support of the Jamboree; however, if the appeal is unsuccessful, the military will not be able to assist future Jamborees, including providing campsites at Fort A.P. Hill.[1]

Atheism and homosexuality

As quoted in Boy Scouts of America v. Dale, in 1993 BSA had a position statement that prohibited avowed homosexuals as both leaders and members. It stated "The Boy Scouts of America has always reflected the expectations that Scouting families have had for the organization. They do not believe that homosexuals provide a role model consistent with these expectations. Accordingly, they do not allow for the registration of homosexuals as members or as leaders of the BSA." A more recent policy from 2004 excludes known or avowed homosexuals as leaders, but does not mention youth members. However, it does require that all BSA members and leaders must be morally compliant with the Scout Oath and Law.

BSA's current prohibition of known or avowed homosexuals as leaders, and youths and adults who refuse to affirm a "duty to God", has been particularly controversial to some. The prohibition is enforced in some cases, but not always. Some donors have reduced their support in protest, while other donors have increased their support of Scouting in part specifically due to the policies.

BSA maintains that it has the right to select as leaders the best possible role models for the values espoused in the Scout Oath and Law. Lawsuits over this matter have gone as high as the United States Supreme Court, which ruled (in Boy Scouts of America v. Dale) that BSA is a private association with the right to set its own standards for membership and leadership.

BSA also maintains that an avowed homosexual is not a proper role model for those values. Officially, BSA makes no effort to discover the sexual orientation of any person. Critics contend that some leaders within BSA have investigated and expelled non-avowed homosexual employees and members from the organization.

Individual councils, including the Central New Jersey Council, Boston Minuteman Council and Old Colony Council have explained that they effectively follow a "don't ask, don't tell" policy when it comes to sexual orientation. In August 2001, a spokesperson for the Boston Minuteman Council was quoted by the Boston Globe as saying, "Discussions about sexual orientation do not have a place in Scouts. The Scouts will not inquire into a person's sexual history, and that person will not expose their sexual orientation one way or the other." The council argued that their "don't ask, don't tell" policy does not, in fact, conflict with the national policy and is common in other councils. In public discussions, some have expressed the opinion that the above-cited councils' policies is different from the national policy.

Membership issues

BSA has had problems with a few local Councils overstating membership. Overall membership in Boy Scouts has been declining with "traditional" Scouting programs like Cub Scouts and Boy Scouts. Cub Scouting had slightly fewer than 1.9 million members in 2004. Boy Scouts had fewer than 1 million members. Combined, they are still the nation's largest youth organization. All youth organization population trends need to be considered as percentage of "available youth", because as school age demographics swing over time, so does youth organization membership. / Example

A legally distinct program, "Learning for Life," operated in schools, has shown growth but does not have the same leadership requirements as its leaders are chosen from the school's faculty. [2] This program often uses donations or government grants to pay membership fees for participants. Attempts to stem declining enrollments have put pressure on some paid staffers to increase membership numbers leading to a few enrollment disputes. About four of the three hundred local councils have had their membership numbers questioned in the 2004-2005 period, including councils in Alabama, Florida, Texas, and Georgia. A program for disadvantaged youth in Atlanta was found to have only 5,000 boys, not the 15,000 claimed. Joseph Beasley, a Civil Rights leader and others believe even the revised count is far too high.

To help ensure that membership numbers are reported correctly, BSA adopted new membership validation procedures for use beginning in 2006. The volunteer Commissioner staff in each council will work with the professional staff to confirm the membership rolls of each Scout unit twice a year. The resulting membership validation report will be signed by local volunteer and paid staff and used to help ensure that membership numbers are accurate. [3]

Some local councils have sold some of their properties due to declining use or merging of councils. As always, this has led to protests from some leaders, noticeably in the Chicago Area Council.

Sexual abuse

As sexual abuse of children became a national concern in the mid eighties, youth organizations such Scouting found that they had been used by pedophiles to reach victims. Thousands of cases in Scouting, churches, schools and other youth organizations were uncovered.

To prevent such incidents and other forms of child abuse, the BSA developed an extensive Youth Protection Plan in the mid-eighties that actively teaches both youth members and adult leaders in how to recognize, resist and report child abuse in both Scout and non-Scout venues. In addition, it provides tight requirements on adult leadership and activities to help ensure that Scouting is a safe haven for its participants. The Youth Protection Plan is a prominent part of Scout leader training.

Problems with sexual abuse have not been eliminated though new procedures dramtically reduce opportunities for it to occur within Scouting. Despite a program that calls for two-deep leadership, a youth protection training booklet and strict procedures designed to prevent abuse, this remains a concern in Scouting, as it does with any other youth organization. Settlements in such cases and legal actions are usually sealed so information on these cases is not readily available

Public dissent by leaders

Following the military model on which it was based, BSA does not tolerate public "dissent" from its commissioned leaders. Commissioned Leaders serve at the pleasure of both their chartered organization and BSA. Leaders can be removed for using their leader status for expressing political opinions to the public or to youth members through "Procedures for Maintaining Standards of Membership". A few leaders who have spoken out in the press about membership rules, numbers, property sales, and other issues have had their memberships revoked because they did not resign their commissions before deciding to publicly speak on political subjects.

Dave Rice, who had 59 years in Scouting, was removed after publicly advocating "tolerance" with respect to homosexuality and encouraging a youth member of the organization to do the same. He was one of the founders of "Scouting for All", an advocacy organization publicly promoting diferent BSA membership policies.

Efforts to change BSA policies are supposed to follow the internal flow of elections of delegates and officers from Chartered Organization to local council to national. At the 2001 National Council meeting, a number of local councils asked the National Council to reconsider its leadership standards. In accordance with the by-laws, the resolution was referred to the volunteers of the Relationships Committee who considered the proposal. After consideration by the committee, a resolution reaffirming the existing membership standards was drafted and subsequently adopted by the National Executive Board. [4]

Litigation

Since 1975, BSA and its policies have become the target of costly litigation. A number of lawsuits have been filed by the American Civil Liberties Union (ACLU) since 2000 over issues such as BSA recruiting in public schools and government involvement with the BSA.

United Way funding

About 53 of the 1350 local United Way chapters have withdrawn funding from local Scout councils because of local pressure or policy.[5]

Special access to public lands and facilities

Since the homosexuality debate surfaced, several municipal governments in America have refused to let Boy Scouts use their facilities at a discounted rate (which had been usual practice).[6]

Religious organizations

  • BSA policy has also led to disagreement between BSA and the Unitarian Universalist Association (UUA) (see Unitarian Universalism). [citation needed] The UUA has acceptance as one of its defining beliefs, including respect and inclusion of atheists, gays, and lesbians. BSA had long recognized UUA religious emblems, along with those of many other religions. In 1993, the UUA added information about its acceptance of homosexuality to the award program manual. Five years later, BSA responded by withdrawing recognition of the emblems, and instructing Scouts not to wear them. The UUA attempted to compromise, removing language that BSA considers offensive from its official program manuals and informing young Unitarian Universalist Boy Scouts of the UUA viewpoint regarding tolerance through other means. However, BSA did not accept the UUA alternative and some Universalist Scouters side with BSA. The UUA continues its Boy Scout program and encourages Boy Scouts to wear the Unitarian Universalist religious emblems on their uniforms.
  • In 2001, the Commission on Social Action of the Union for Reform Judaism issued a memorandum recommending congregations stop chartering/hosting BSA troops and packs and that parents withdraw their children from Scouting. The Commission cited the Reform commitment to ending discrimination in all forms. [citation needed] Other Jewish organizations have stated that the BSA position is in accordance with Rabinical Law and wish to continue the opportunities that Scouting has given to Jewish youth, who were often discriminated against by other youth organizations. [7]
  • One of BSA's largest chartered partners is the Church of Jesus Christ of Latter-day Saints ("LDS Church"; see also Mormon), which opposes homosexuality. The church has supported BSA, both financially and by providing members, throughout BSA's existence. Scouting is part of the church's youth program, and most LDS boys who attend church are enrolled as Scouts as a matter of routine. LDS leadership has threatened to withdraw its use of the Scouting program if it were compelled to accept openly homosexual Scout leaders[8]. However, it currently sponsors Scouts Canada, which does not restrict homosexuals from membership and leadership positions.

Alternatives to Boy Scouts of America's controversial policies

Equal opportunity

The Equal Opportunities Policy of The Scout Association of the United Kingdom differs from BSA's position.[9]

The Scout oath/promise

Since the birth of Scouting in 1907, all Scouts around the world have taken a Scout promise or oath to live up to ideals of the Scout Movement and have subscribed to a Scout law.

World Organization of the Scout Movement requirements

The form of the promise has varied somewhat over time and from country to country but must fulfill the requirements of the World Organization of the Scout Movement (WOSM) to qualify a Scout organization for membership.[10] WOSM is the governing body for the mainstream of the Scouting Movement and BSA has been a member since 1922.[11]

The Constitution of the World Organization of the Scout Movement states:[12]

• Article I, paragraph 2, under Purpose: “The purpose of the Scout Movement is to contribute to the development of young people in achieving their full physical, intellectual, social and spiritual potentials as individuals … ”.

• Article II, paragraph 1, under Principles: “The Scout Movement is based on the following principles: Duty to God…”.

• Article II, paragraph 2, “Adherence to a Promise and Law”: “All members of the Scout Movement are required to adhere to a Scout Promise and Law reflecting, in language appropriate to the culture and civilization of each National Scout Organization, and approved by the World Organization, the principles of Duty to God, Duty to others and Duty to self, and inspired by the Promise and Law conceived by the Founder of the Scout Movement in the following terms:

The Scout Promise
On my honour I promise that I will do my best
To do my duty to God and the King (or to God and my Country)
To help other people at all times
To obey the Scout Law”.

As WOSM stated in 2001, "Spiritual development is an integral part of Scouting’s fundamental principles and there is, therefore, no real Scouting without spiritual development.(see page 45) Similar to the WOSM position, BSA is very broad in how a Scout wishes to define "God" or religion, leaving that entirely to the boy and his parents or religious advisors if any.

BSA is a member of WOSM and thus can not change the written form of the Scout Oath to a "non-spiritual" oath without conflicting with the WOSM guidelines. The Scout promise/oath varies from country to country but the WOSM requirements concerning "Duty to God" are evident in the various promises. (See: Scout Promise)

Note: If BSA were to change the Scout Oath to a non-spiritual promise or allow modifications in how it is recited, it would need WOSM approval to remain a WOSM member. However, such approval would be against current WOSM policy and such approval is unlikely. Although the Constitution of WOSM clearly states that the Promise should include a reference to God [13], six countries (Belgium, Czechoslovakia, France, Luxembourg, The Netherlands and Finland) were granted the right in the 1920's to additionally use an alternative promise without a reference to God. [14] Two of these countries still offer this alternative promise (the Netherlands and the Czech Republic), where others have abandoned it. WOSM stated in 1932 that no new exceptions will be made and has expressed the hope that the few remaining countries will stop using any promise lacking a reference to God.

WOSM member promises

BSA's 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.

BSA's use of the Scout Oath has resulted in a legal dispute regarding Defense Department support of the National Scout Jamboree. See "Discussion of controversies" below.[15]

The Scout Association of the Netherlands

I promise to do my best (with the help of God) to be a good Scout,
to help everybody whenever I can
and to follow the Scout Law.
You can count on me.

Although the Scout Oath in the Netherlands contains a reference to God, the Scouts Association of the Netherlands has decided it is up to the person or the group to use this reference or not. See above for why Netherlands is one of six countries allowed by WOSM to retain this option for historical reasons. WOSM has decided no new countries will be allowed to do the same. (See: Scout Promise)

The Scout Association of the United Kingdom

On my honour, I promise that I will do my best,
To do my duty to God and to the Queen,
To help other people,
And to keep the Scout Law.

Variations to the wording are allowed to take into account the different religious obligations of its Members according to Rule 1.1:[16]

The Girl Scouts of the USA's Girl Scout Promise

On my honor, I will try:

To serve God* and my country,
To help people at all times,
And to live by the Girl Scout Law.

[*] "The word 'God' can be interpreted in a number of ways, depending on one's spiritual beliefs. When reciting the Girl Scout Promise, it is okay to replace the word 'God' with whatever word your spiritual beliefs dictate."[17]

Note: The Girl Scouts of the USA is a member of the World Association of Girl Guides and Girl Scouts (WAGGGS). The WAGGGS Constitution requires Member Societies to maintain membership standards to include a promise similar to the one established by Baden-Powell, which includes the concept of Duty to God. Further elaboration on this WAGGGS requirement can be found in Exploring Spirituality in GirlGuiding-GirlScouting Module1 cowritten by a representative from GSUSA and issued by WAGGGS in 2000. [18]

The Outlander Promise

On my honour, I promise that I will do my best,
To render service to my country;
To help other people,
And to keep the Scout Law.

This alternative oath was written early in the Scout Movement for Scouts who could not, for reasons of conscience, recognize a duty to a King, for individuals or members of religions that do not worship a deity, and for members of orthodox religions that do not use the name of God in secular settings. This oath is no longer used by any WOSM member National Scout Organization.

The Scout law

The Scout Law varies by country. (See: Scout Law)

Resolved issues

Race

Until 1948, some southern councils of BSA were racially segregated. Colored Troops, as they were officially known, were given little support from their Districts and Councils. Some Scouting executives and leaders believed that Colored Scouts and Leaders would be less able to live up to the ideals of the Boy Scouts. The national office began a program of integrating local councils in 1940, which was largely complete in 1948.

Female adult leaders

BSA has given female adult leaders all of the privileges of male adult leaders since 1988. The policy was instituted in response to a perceived shortage of adult males willing to be leaders and as a result of legal action to end discrimination against women in volunteer leadership positions. While many Scouting leaders are parents of own children in the program, it is not necessary to be a parent to be an adult leader of a Scout unit.

Government chartered units

Due to ACLU legal pressure , BSA in March 2005 agreed to transfer all unit charters issued to government entities to private entities and to reject future unit charters that designate a government entity. Direct sponsorship of Scout units by government entities violates the Establishment Clause of the First Amendment to the U.S. Constitution because government officials overseeing the charters would have to exclude members who do not agree to follow the Scout Oath including doing one's "Duty to God." As of November 2003, roughly 10,000 Scout troops and packs (approximately ten percent) were sponsored by government entities, primarily public schools. Most of these units will continue meeting in the same place, but will now be chartered to, and their leaders appointed by, civic organizations such as the American Legion, VFW, PTA, etc.

Equal access to public lands and facilities

After the U.S. Supreme Court in Boy Scouts of America v. Dale affirmed BSA's right to set their own membership standards, activists ran campaigns to have Scouts denied access to public property. See Item 5 here and Here Some schools discontinued or threatened to stop giving Scout groups access to public lands and facilities [19] [20][21] [22]. Others discontinued giving them special access,[23] such as access at a reduced cost compared with other groups. There were also inaccurate reports of loss of access in 2000; however the Congressional Research Service reported in 2001 that at least nine school districts had taken, or were considering, action to restrict Boy Scout access to public school facilities since the Supreme Court's Dale ruling.[24][25]. In response to the loss of access and increased litigation expense, Congress passed the following Acts, which are now federal law:

The Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905, which became effective January 8, 2002, applies to public elementary and secondary schools, local educational agencies, and State educational agencies that receive U.S. Department of Education funds. No such school or educational agency that provides an opportunity for outside youth or community groups to meet on school premises or in school facilities before or after school hours shall deny equal access to any Boy Scouts of America group.

The Support our Scouts Act of 2005, enacted December 30, 2005, authorizes denying federal HUD funding to state or local government entities that deny Boy Scouts equal access to government facilities, forums, or programs. It, "also removes any doubt that federal agencies may welcome Scouts to hold meetings and go camping on federal property." In addition, it provides that federal law does not compel a federal agency from providing less support to Scouts than the agency has in the past, such as hosting the National Jamboree every four years at Fort A.P. Hill".[26] The legal contoversy regarding Defense Department funding of the National Scout Jamboree is discussed above under "Discussion of controversies".[27]

Boy Scouts of America

Position

  • The Aims and Methods of Scouting as taught in BSA leader training include the "Ideals" of the Scout Oath and Law which have been unchanged since 1910. The Oath and Law have always required a Scout to do his "Duty to God", to be "Morally Straight" and to be "Reverent" and were "methods that were in common use by boy scouts on June 15, 1916" when President Woodrow Wilson signed the federal charter.
  • "The Charter and Bylaws of the Boy Scouts of America maintain that no boy can grow into the best kind of citizen without recognizing his obligation to God. Scouting is absolutely nonsectarian in its attitude toward that religious training. The Boy Scouts of America does not define what constitutes belief in God or the practice of religion." "A Scout's Duty to God and Country," 1998
  • From the very first Scouting for Boys, where Baden-Powell wrote “No man is much good unless he believes in God and obeys His laws. So every Scout should have a religion” , to his “Last Message to the Scouts of the World”, where he wrote “Nature study will show you how full of beautiful and wonderful things God has made the world for you to enjoy” , Baden-Powell wrote numerous times on the relationship of religion to Scouting. For a more complete summary of his views on a religious element in Scouting see pages 29-33 in [28].

Membership standards

BSA has the right to set its own membership standards based on the principle of "freedom of association"; this position was affirmed as constitutional by the US Supreme Court in 2000 in Boy Scouts of America v. Dale. There have been 110 million members of the BSA over the past 95 years. Fewer than two dozen leaders and members have ever sued BSA over its membership policies; all of these cases were eventually ruled in BSA's favor.

Professional compensation

In 2004, BSA was the 12th largest non-profit organization in the US with total revenues of $771 million. The Chief Scout Executive was honored in August 2005 as one of the top fifty most effective non-profit leaders by Non-Profit Times.

Upper level BSA executives' pay is in line with similar non-profit corporations. This can be seen at Charity Navigator Non-profit Executive salaries are typically judged as percentage of expense and the national average for all charities is .34% [29]

The BSA National Council Chief Scout Executive's salary was .26% of expenses, which compares to .39% for the Chief Executive Officer of the similar Girl Scouts of the USA. Local council heads - Scout Executives - who supervise on average 25 employees, also have salaries in line with the national averages as a percentage of expense. [30]

Support

Both the US House of Representatives and the US Senate have voted overwhelmingly to continue support of the Boy Scouts of America program. In November 2004, the U.S. House of Representatives passed a resolution by a vote of 391 to 3 applauding BSA for its contributions to the nation. The US Senate vote in August 2005 was 98 to 0 in favor of continued federal support of BSA. In August 2005, President Bush addressed the BSA National Jamboree and reinterated his support for the BSA program. BSA's Legal Issues Web Site has extensive links to editorials supporting the Boy Scout program.[31]

See also

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