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Boy Scouts of America membership controversies

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The Boy Scouts of America (BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists, agnostics and "open or avowed" homosexual people from membership in its Scouting program as directly violating its fundamental principles and tenets. BSA has denied or revoked membership status or leadership positions 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.[1][2]

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,[3] as determined in the court case.[4] In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources including public lands.

The policies of the BSA are more restrictive than other Scouting organizations throughout the world and other youth organizations within the United States. The policies have led to various disputes and controversies. In 2012, both President Barack Obama and Republican presidential candidate Mitt Romney stated that they oppose the ban on gay Scouts.[5][6]

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".[1] All members are required, as a condition of membership, to promise to uphold and obey both of these pledges. The texts of the BSA's Scout Oath and Scout Law for Boy Scouting have remained unchanged since they were approved in 1911,[4] 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 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."[7]

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.[8][9] 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 do their duty to God and to be morally straight; 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.[10] Similarly, since at least 1985, the BSA has interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism.[11] In both instances, the organization asserted that it was not a new policy to oppose and disfavor atheism, agnosticism and homosexuality, but rather, it was just enforcing long-held policies which had never been published or publicly challenged.[10][12]

Program differences

See also: Boy Scouts of America § Membership

The Boy Scouts of America makes a division between its Scouting programs and the Learning for Life program. The traditional Scouting programs are Cub Scouting, Boy Scouting, and Venturing. Exploring is the worksite-based program of Learning for Life. 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.[13][14] The controversial policies which restrict membership apply only to the Scouting programs.

Position on atheists and agnostics

The Boy Scouts of America's official position is that atheists and agnostics cannot participate as Scouts or adult Scout Leaders in its traditional Scouting programs.

"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."[2]

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 persons as members or adult leaders.[2] The Bylaws of the BSA contain a non-sectarian Declaration of Religious Principle which all Scouts are required to subscribe to as part of the membership application process. The Declaration of Religious Principle was adopted in the first decade of the organization to assuage the Catholic Church that the work of the YMCA in getting Scouting established in this country did not mean that it was a Protestant proselytizing organization.

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, 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.[15] Boy Scouts of America–approved religious emblems exist for most religions.

Position on homosexuality

See also: Boy Scouts of America v. Dale, Religion and homosexuality, and Societal attitudes toward homosexuality

The Boy Scouts of America's official position is to "not grant membership to individuals who are open or avowed homosexuals" as Scouts or adult Scout Leaders in its traditional Scouting programs.[16][17][18] As early as 1980, the Boy Scouts of America have denied membership from openly homosexual individuals applying for adult leadership positions.[19] In 1991 the BSA released a position statement expressing the organization's official position, stating: "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.”[20] The BSA thus "believes that a known or avowed homosexual is not an appropriate role model of the Scout Oath and Law."[21]

The language used to describe the BSA's policies on homosexual individuals has evolved over time, stating in a 1993 position statement that: "We do not allow for the registration of avowed homosexuals as members or as leaders of the BSA."[22] The BSA adopted a new policy statement in 2004 which included a specific "Youth Leadership" policy stating that: "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."[21]

The BSA stated in a 2000 press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person."[23] 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.[24] Membership has still been revoked in cases where an individual is found to be openly homosexual. 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.[25] 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.[26]

The BSA once again reaffirmed their position in a press release on June 7, 2012 stating:

The BSA policy is: “While the BSA does not proactively inquire about the sexual orientation of employees, volunteers, or members, we do not grant membership to individuals who are open or avowed homosexuals or who engage in behavior that would become a distraction to the mission of the BSA. Scouting believes same-sex attraction should be introduced and discussed outside of its program with parents, caregivers, or spiritual advisers, at the appropriate time and in the right setting. The vast majority of parents we serve value this right and do not sign their children up for Scouting for it to introduce or discuss, in any way, these topics. The BSA is a voluntary, private organization that sets policies that are best for the organization. The BSA welcomes all who share its beliefs but does not criticize or condemn those who wish to follow a different path."[16][17]

The following week, BSA board member James S. Turley, global chairman and CEO of Ernst & Young, announced he dissented from the exclusion policy and hoped to "encourage dialogue and sustainable progress".[27] However, on July 17, 2012, after a two-year review, an 11 person committee convened by the BSA reached a "unanimous consensus" recommending retaining the current policy.[28]

Position on gender

The Boy Scouts of America's official position is that girls cannot participate in its Cub Scouting or Boy Scouting programs. "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. Boys in this age range seek out and enjoy group activities with other boys."[29] However, the Venturing and Learning for Life programs are open to young men and women ages 14 through 21.[30][31]

Reaction to nondiscrimination policies

In 2001, the Central New Jersey Council signed a letter agreeing not to discriminate against homosexuals to ensure continued financial support from the United Way of America.[18] The United Way had ended financial support for the Great Trails Council after it refused to sign a nondiscrimination policy.[18][32] United Way officials stated that such an agreement was not unique.[18] Also in 2001, the Boston Minuteman Council in Massachusetts approved a nondiscrimination bylaw in regards to sexual orientation while also clarifying that discussions of sexual orientation were not permitted in Scouting.[33] A national Scout spokesperson explained that the council's bylaw did not conflict with national policy.[33] A spokesperson from the Cradle of Liberty Council explained that there is an unofficial "don't ask, don't tell" policy regarding sexual orientation.[34] The Scout Executive of the Minuteman Council believes that the local councils have a large amount of autonomy.[33]

However, after the Minuteman Council approved their nondiscrimination bylaw, they rejected the merit badge application of an openly homosexual individual whose membership in the BSA had previously been revoked in New Hampshire.[33] The Minuteman Council asserted that "We will not accept anybody who has had his membership revoked by the national council."[33] The United Way ended financial support of the Minuteman Council as a result of the controversy.[32][33] As a result of unit level nondiscrimination policies, charters were revoked from several Cub Scout packs in Oak Park, Illinois.[32] In 2003 the Cradle of Liberty Council in Philadelphia approved a nondiscrimination policy, but the national council forced the local council to revoke the policy.[34] National ruled that local councils may not deviate from the national policy of not granting membership to open or avowed homosexuals.[34] In 2005 the Cradle of Liberty Council adopted another nondiscrimination policy, but in 2006 the city of Philadelphia began asking for a more clear-cut nondiscrimination policy.[34] Due to the council's refusal, the city ordered the council to pay fair-market rent for their offices in a landmark Philadelphia building where their annual rate was previously a dollar, resulting in the Cradle of Liberty Council v. City of Philadelphia lawsuit.[34]

Nine councils from large metropolitan centers requested the right to define their own membership policies.[18][32] The proposal was taken to a national relationships committee.[18]

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 Movement (WOSM) since its founding in 1922. WOSM has a membership of 155 National Scout Organizations with more than 28 million individuals.[35] 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:[36]

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 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.[37][38][39][40]

"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.[41] According to the Equal Opportunities Policy of The Scout Association in the United Kingdom:

"To enable young people to grow into independent adults the Scout Method 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 Promise."[42]

The membership policies of Scouting organizations also vary regarding the inclusion of girls, see Coeducational Scouting.

American youth organizations

The Girl Scouts of the USA accepts gays and lesbians, and allows its members to substitute another word in place of "God" when reciting the Girl Scout Promise.[43]

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,[44] 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, SpiralScouts International, 4-H, and the BSA's Learning for Life program.[45]

Litigation over the membership policies

The Boy Scouts of America has been sued because of its membership, leadership, and employment standards.[46] 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.[2][21][47]

There has been some opposition to single-sex membership programs and organizations in the United States including some programs of the BSA.[48] 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.[29]

During the 1980s and 1990s,several people attracted media attention when they sued the BSA, attempting to make them accept atheists as members and openly 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).[19] 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).[49] In addition, there were several other lawsuits involving essentially the same issues.[50] 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.[4]

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.[51]

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.[52]

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 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.[53][54] "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."[55]

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.[56] Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.[57]

Access to governmental resources

See also: Forum (legal)

Historically, the BSA (and the Girl Scouts of the USA) has often been granted preferential access to governmental resources such as lands and facilities. 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.

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.[58] The BSA on the other hand has sued governmental entities for denying what it sees as equal access.[52]

In response to these changes and litigation, the federal government passed laws mandating that BSA units be given 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.[59] 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.[60]

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 overturned by Ninth US Court appeals in 2012. The court stated: “There is no evidence the city’s purpose in leasing the subject properties to the Boy Scouts was to was to advance religion, and there is abundant evidence that its purpose was to provide facilities and services for youth activities,” wrote Judge William C. Canby Jr. . See Barnes-Wallace v. Boy Scouts of America.
  • Philadelphia attempted to revoke the terms under which the City of Philadelphia leases public land to the BSA. 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 actually designed to impinge BSA's First Amendment rights.[61][62] Under federal Civil Rights Law, the Cradle of Liberty Council is also entitled to collect its legal costs from the city's unlawful action. On March 21, 2012, the Federal judge formally ordered the city pay all of the Boy Scouts legal fees and denied the city's motion for an appeal. The Boy Scouts may also continue reside in the building rent free as they have done since they had paid for construction of the building in 1929.[63] See Cradle of Liberty Council v. City of Philadelphia.
  • 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.[64]
  • In March 2006, the California Supreme Court ruled in Evans v. Berkeley that the City of Berkeley did not have to continue to provide free dock space to the Sea Scouts.[65] In October 2006, the United States Supreme Court declined to review Evans v. Berkeley.[66]
  • In September 2006, the Oregon Supreme Court ruled that recruiting by BSA in public schools did not violate the state's nondiscrimination laws.[67]
  • The U.S. Army had given the BSA special access to a base, Fort A.P. Hill, for its national Scout jamboree 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. Rumsfeld).[52][68]

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 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.[69] A few members of the U.S. Congress have also spoken out against the BSA's policies.[70] Since the Dale decision, some Eagle Scouts (about 100) have returned their Eagle Scout badge to the BSA in protest.[71][72]

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.[73] 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."[74]

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."[75]

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 1,300 local United Ways, including those in Cleveland, Miami, Orlando, Philadelphia, San Francisco, and Seattle, have withdrawn all funding.[76][77] 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.[76] 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.[76] 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.[76][78][79] On September 22, 2012, Intel, the BSA's largest corporate donor, officially withdrew its financial support from any troop that cannot sign a statement confirming that the troop does not discriminate based on creed or sexual orientation.[80] In November 2012, the UPS Foundation, a philanthropic division of UPS, halted their financial donations, amounting to $85,000 in 2011, to the BSA because of their discrimination based on sexual orientation.[81] In 2012,Merck & Co. stopped their funding due to the policy excluding gays and lesbians.[82] In December 2012, Merck also pulled funding over the exclusion of gays and lesbians.[83]

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."[84]

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 but some recent successes have emerged.

The Democratic and Republican 2012 Presidential candidates - Barack Obama and Mitt Romney - have renounced the BSA's policy.[85]

Scouts for Equality, founded by Eagle Scout Zach Wahls, claims a membership of about 3000 former Eagle Scouts, and have accumulated almost one million signatures opposing the BSA's ban through various petitions.[86] Part of this effort is to have Eagle Scouts return their badges, and part is to convince groups to cease funding troops while this policy is in place. They succeeded in having several United Way groups remove funding, as well as having Intel end their $700,000 annual support of local Troops.[87]

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.[88] The policy was revised to the current policy in 2004 and reaffirmed in 2012.

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".[89] The Coalition for Inclusive Scouting was another organization. Both of these organizations are apparently inactive now.

Scouting for All sought to promote tolerance and diversity within the BSA.[90] 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".[91][92] This organization is also apparently inactive now.

At the Scouts annual meeting in April 2012, a "leader from the Northeast" presented a resolution that "would allow individual units to accept gays as adult leaders".[93][94] In July 2012, the executive committee of the executive board released a statement revealing that an "11 person committee" convened since 2010 by the BSA conducted a two-year review and reached a "unanimous consensus" recommending retaining the current policy.[95][96] Although this panel reportedly "included a diversity of perspectives its existence "was kept secret" and the BSA "declined to reveal its membership or methods."[97] Two BSA board members, Randall Stephenson (AT&T CEO) and James Turley (Ernst & Young CEO), publicly supported ending the ban.[98]

Local Adaptations

Some troops have ignored the ban for years. Every year when it comes time to renew its charter, troops simply cross out a promise to abide by the Boy Scouts' policies. This practice has never been challenged.[99]

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. 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 Representatives 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".[100] 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."[101]

President Bush addresses the 2005 National Scout Jamboree at Fort A.P. Hill in Virginia.

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:

"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."[102]

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."[103]

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.[104] Ignoring this, President Obama accepted the position of Honorary President and has received the BSA's annual report from groups of Scouts in February 2009, 2010, 2011, & 2012.

On July 29, 2010, President Obama chose not to attend the Scouts' centennial Jamboree, sending a videotaped greeting instead and doing 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. However, such speculation needs to be tempered with the fact that other Presidents also have sent a greeting at times instead of visiting, including President Reagan. [citation needed] President Obama's video greeting supported the work of the Scouts, he continues to serve as Honorary National President, and has hosted the annual Report to the Nation delegation from the BSA each year at the White House.

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.[105]

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.[106] 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."[107] 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.[108]

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".[109]

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.[110] 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.[8][111] The LDS Church has stated that it would withdraw from the Scouting program if it was ever compelled to accept openly homosexual Scout leaders.[8][112] 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 openly 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.[citation needed]

BSA membership size

Annual Youth Membership since 1999
Year Tiger Cubs,
Cubs,
Webelos 		Boy Scouts,
Varsity Scouts 		Venturers Total
Traditional
Scouting
1999[113] 2,181,013 1,028,353 202,486 3,411,852
2000[113] 2,114,405 1,003,681 233,828 3,351,914
2001[113] 2,043,478 1,005,592 276,434 3,325,504
2002[113] 2,000,478 1,010,791 293,323 3,304,592
2003[113] 1,914,425 997,398 288,395 3,200,218
2004[113] 1,875,752 988,995 280,584 3,145,331
2005[114] 1,745,324 943,426 249,948 2,938,698
2006[115] 1,701,861 922,836 244,256 2,868,963
2007[115][116] 1,687,986 913,588 254,259 2,855,833
2008[116][117] 1,665,635 905,879 261,122 2,832,636
2009[118] 1,634,951 898,320 257,361 2,790,632
2010[119] 1,601,994 898,852 238,846 2,739,692
2011[120] 1,582,930 909,103 231,127 2,723,869
change
(since 1999) 		-27.4% -11.6% +14.1% -20.2%

Template:Boy Scouts of America Membership

Historical membership controversies

Further information: History of the Boy Scouts of America

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 Exploring, and those resulting from racial segregation.

See also

References

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  2. ^ a b c d "Duty to God". BSALegal.org. Archived from the original on May 9, 2008. Retrieved May 25, 2008.
  3. ^ Volokh, Eugene (May 23, 2006). "Freedom Of Expressive Association And Government Subsidies" (PDF). Stanford Law Review. 58: 1919–1968. Retrieved November 12, 2008.
  4. ^ a b c "Decision of Superior Court of New Jersey Appellate Division, A-2427-95T3, Dale v. Boy Scouts (1998)". Rutgers School of Law-Camden. Archived from the original on October 20, 2003. Retrieved September 2, 2007.
  5. ^ "Obama opposes Boy Scouts' ban of gay members". Political Ticker. CNN. August 8, 2012. Retrieved September 25, 2012.
  6. ^ Dinan, Stephen (August 7, 2012). "Advocates: Romney backs gay scouts, Obama is silent". The Washington Times. Retrieved September 25, 2012.
  7. ^ "Robert Baden-Powell (1908) Scouting for Boys, quoted here". Faqs.org. Retrieved January 2, 2012.
  8. ^ a b c "Brief of Amici Curiae, Boy Scouts of America v. James Dale" (PDF). 2000. Archived from the original (PDF) on September 27, 2006. Retrieved May 25, 2008.
  9. ^ Boyle, Patrick (2000). "Holy War". The Phoenix. Archived from the original on April 13, 2005. Retrieved December 8, 2006.
  10. ^ a b Boy Scouts of America et al. v. Dale (2000) Decision of the US Supreme Court
  11. ^ Mechling, Jay (2001). On My Honor: Boy Scouts and the Making of American Youth. University of Chicago Press. ISBN 0-226-51704-7. Retrieved July 5, 2010.
  12. ^ "UUs Petition Boy Scouts to End Discrimination Against Gays, Agnostics". Unitarian Universalist Association. Archived from the original on September 30, 2006. Retrieved October 9, 2007.
  13. ^ "Learning For Life". BSA Discrimination. Retrieved June 24, 2008.
  14. ^ "What Is Exploring?" (PDF). Learning For Life. Retrieved June 24, 2008.
  15. ^ Schubert, Rebecca (August 8, 2007). "Navajo Boy Scouts work to establish Native emblem". Navajo-Hopi Observer. Flagstaff, Arizona. Retrieved September 29, 2009. for work on a Navajo Native American Church emblem.
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  17. ^ a b c d e f Erik Eckholm (July 17, 2012). "Boy Scouts to Continue Excluding Gay People". New York Times.
  18. ^ a b "Curran v. Mount Diablo Council of the Boy Scouts of America". Lambda Legal. 1998. Archived from the original on September 3, 2006. Retrieved May 25, 2008.
  19. ^ "Opinion of the Supreme Court of the United States, No. 99—699, Boy Scouts v. James Dale". Legal Information Institute, Cornell University Law School. Retrieved September 3, 2007.
  20. ^ a b c "Morally Straight". BSALegal.org. Archived from the original on February 6, 2010. Retrieved May 25, 2008.
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  25. ^ "Scouts Reject Lesbian Leaders". Rutland Herold. Retrieved February 9, 2010.
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  30. ^ Boy Scouts of America Youth Application (PDF). Boy Scouts of America. #28-406B. Archived from the original (PDF) on May 28, 2008. Retrieved October 6, 2007. Venturers and Sea Scouts registered in a crew or ship prior to their 21st birthday may continue as members after their 21st birthday until the crew or ship recharters or until they reach their 22nd birthday, whichever comes first.
  31. ^ a b c d Jackson, Derrick Z. (June 8, 2001). "Opening the Door to Gay Boy Scouts". Boston Globe. Archived from the original on January 18, 2006. Retrieved May 25, 2008.
  32. ^ a b c d e f "Saying no to bias in BSA, or not?". Retrieved November 9, 2012.
  33. ^ a b c d e Catherine Donaldson-Evans (August 18, 2007). "Boy Scouts' Rent Skyrockets in Philadelphia to $200K Over Gay Ban". Fox News. Retrieved May 25, 2008.
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  35. ^ "Fundamental Principles". Elements for a Scout Program. World Scout Bureau, P.O. Box 241 1211 Geneva 4, Switzerland. 1992. Retrieved January 22, 2010. (this appears on a web site maintained by Canadian Scouter Liam Morland but is reprinted from a WOSM publication)
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  38. ^ "World Scouting Movement". BSA Discrimination. Retrieved May 25, 2008.
  39. ^ The Scout Association gives positive advice. It’s OK to be Gay and a Scout!Advice for young people
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  41. ^ "Equal Opportunities Policy: Guidelines with reference to Young People: Religious belief". Policy Organisation and Rules. The Scout Association. Archived from the original on November 17, 2006. Retrieved October 5, 2007.
  42. ^ "Girl Scout Promise and Law". Girl Scouts of the USA.
  43. ^ "2009-2010 Ministry Report" (PDF). American Heritage Girls. 2010. Retrieved June 13, 2011.
  44. ^ "Alternative Youth Groups". BSA Discrimination. Retrieved May 25, 2008.
  45. ^ "Litigation". BSALegal.org. Archived from the original on September 20, 2006. Retrieved July 9, 2006.
  46. ^ "Teaching "Boys to Do Things for Themselves and Others"". BSALegal.org. Retrieved July 9, 2006.
  47. ^ "BSA and Girls in Scouting". Discrimination in the BSA. Retrieved May 25, 2008.
  48. ^ "Randall v. Orange County Council, Boy Scouts of America" (PDF). March 23, 1998. Retrieved May 25, 2008.
  49. ^ e.g. Merino v. BSA, Pool & Geller v. BSA, Welsh v. BSA, Seabourn v. BSA. See Discrimination in the BSA
  50. ^ Jason Pierce (March 15, 2001). "Despite Controversy, Boy Scouts Say Business Continues as Usual". Cybercast News Service. Archived from the original on December 6, 2007. Retrieved May 25, 2008.
  51. ^ a b c "Access to Government Forums". BSALegal.org. Archived from the original on April 17, 2009. Retrieved July 9, 2006.
  52. ^ "Winkler v. Chicago School Reform Board". Aclu-il.org. Retrieved March 18, 2009.
  53. ^ "Department of Defense settles part of litigation challenging its involvement with the Boy Scouts of America". Usdoj.gov. November 16, 2004. Archived from the original on May 8, 2009. Retrieved March 18, 2009.
  54. ^ "Pentagon Agrees to End Direct Sponsorship of Boy Scout Troops in Response to Religious Discrimination Charge". American Civil Liberties Union. Retrieved March 2, 2006.
  55. ^ "National Boy Scout Organization Agrees to End All Local Government Direct Sponsorship of Troops and Packs". American Civil Liberties Union of Illinois. Retrieved March 2, 2006.
  56. ^ "Boy Scouts Jamboree to Stay at Army Base". Washington Times. Archived from the original on April 19, 2006. Retrieved March 2, 2006.
  57. ^ Winkler v. Chicago School Reform Board, et al., Evans v. Berkeley, discussed here [1]
  58. ^ "Boy Scouts of America Equal Access Act". US Dept. of Education – Office for Civil Rights. Retrieved May 25, 2008.
  59. ^ "Support Our Scouts Act of 2005". US Library of Congress. March 16, 2005.
  60. ^ "Pennsylvania: City Cannot Evict Scouts for Gay Ban". The New York Times. June 24, 2010.
  61. ^ "Jury says Philly can't evict Boy Scouts for anti-gay policy". Philly.com. June 24, 2010. Retrieved January 2, 2012.
  62. ^ Campisi, Jon (March 22, 2012). "Judge orders City of Phila. to pay $877,000 in legal fees stemming from Boy Scouts discrimination suit". PennRecord.com. Retrieved October 25, 2012.
  63. ^ Seper, Jerry (March 9, 2004). "High Court Spurns Appeal by Scouts". Washington Times. Archived from the original on December 24, 2005. Retrieved May 25, 2008.
  64. ^ "Berkeley Sea Scout Decision Appealed to United States Supreme Court". Pacific Legal Foundation Press Release. July 11, 2006. Archived from the original on August 13, 2006. Retrieved November 3, 2006.
  65. ^ Egelko, Bob (October 17, 2006). "Top Court Rejects Sea Scouts' Appeal On Rent Subsidy". San Francisco Chronicle. p. B2.
  66. ^ "Court OKs Boy Scout Recruiting At Schools". The Oregonian. Archived from the original on April 2, 2008. Retrieved March 18, 2009.
  67. ^ "Prominent Chicago Religious Leaders Ask Federal Appellate Court to Protect Government Neutrality in Religion and End Pentagon's Extraordinary Funding for Boy Scout Jamboree". ACLU of Illinois Press Release. April 5, 2006. Retrieved November 3, 2006.
  68. ^ "BSALegal.org talks to George A. Davidson, BSA National Counsel, about Winkler v. Rumsfeld". BSALegal.org. Archived from the original on May 13, 2008. Retrieved May 25, 2008.
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  71. ^ "A Dramatic Protest By Some Eagle Scouts Dismayed That The Boy Scouts Bar Gays As Leaders, Some Members Return Their Prized Eagle Badges". Philadelphia Inquirer. July 18, 2000. Archived from the original on June 29, 2006. Retrieved November 3, 2006.
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  73. ^ "General Synod 24 at a glance". United Church of Christ. July 1, 2003. Retrieved August 11, 2011.
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  75. ^ a b c d "The Impact of the Boy Scouts of America's Anti-Gay Discrimination". Lambda Legal. Archived from the original on June 26, 2006. Retrieved March 2, 2006.
  76. ^ Davis, Dave (September 25, 2012). "United Way of Greater Cleveland moves to pull funding in 2013 for Boy Scouts over group's prohibition of gay members". The Plain Dealer. Retrieved December 10, 2012.
  77. ^ "The Santa Barbara County Board of Supervisors told the BSA They Couldn't Use Its Facility Free of Charge as Long as They Had a Discriminatory Policy". Scouting for All. Archived from the original on June 26, 2006. Retrieved March 2, 2006.
  78. ^ "The Connecticut Human Rights Organization Affirmed Its Earlier Decision to Exclude the Boy Scouts from the State Employee Fund-raising Campaign". Scouting for All. Archived from the original on June 26, 2006. Retrieved May 25, 2008.
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  82. ^ [3]
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  87. ^ Barnett, Robert. "Boy Scouts of America reaffirms position on homosexuality". Minnesota Family Council. Archived from the original on November 24, 2007. Retrieved May 25, 2008.
  88. ^ Jim Merrett. "Scout's Honor". Advocate Magazine. Retrieved May 25, 2008.
  89. ^ "About Us". Scouting for All. Retrieved May 25, 2008. {{cite web}}: Check |archiveurl= value (help)
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  91. ^ Carol Ness (September 13, 1998). "Scouts Expel Longtime Leader". San Francisco Gate. Archived from the original on September 10, 1999.
  92. ^ Sacramento Bee: David Crary, "http://www.sacbee.com/2012/06/06/4543635/scouts-to-review-ban-on-gays-no.html," June 6, 2012. Retrieved June 6, 2012[dead link‍]
  93. ^ "Boy Scouts to review ban on gays". June 7, 2012. Retrieved November 15, 2012.
  94. ^ "After Two-year Evaluation, Boy Scouts of America Affirms Membership Standards and Announces No Change in Policy". Boy Scouts of America. July 17, 2012. Retrieved August 18, 2012.
  95. ^ Boy Scouts: We're keeping policy banning gays - U.S. News
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  98. ^ Reddy, Sumathi (July 26, 2012). "Some Boy Scout Troops Disregard Ban on Gays". The Wall Street Journal. Retrieved October 15, 2012.
  99. ^ "House Resolution 853: Recognizing the Boy Scouts of America for the Public Service the Organization Performs for Neighborhoods and Communities Across the United States". Library of Congress. Retrieved May 25, 2008.
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  101. ^ "Alexander, Frist Announce "Support Our Scouts Act Of 2005"". Retrieved March 18, 2009. [dead link‍]
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  105. ^ "Scouting Legal Defense Fund". defendscouting.com. Retrieved March 18, 2009.
  106. ^ "Amicus Curie Brief in Barnes-Wallace v. Bsa" (PDF). American Civil Rights Union. Retrieved May 25, 2008.
  107. ^ "Matters List of Charities with closing info". New Hampshire Department of Justice. Archived from the original (PDF) on December 31, 2009. Retrieved November 8, 2009.
  108. ^ "Defending the Scouts". The Washington Times. July 13, 2005. Archived from the original on December 6, 2006. Retrieved November 3, 2006.
  109. ^ Hinckley, Gordon (2006). "What is the Church's Attitude Toward Homosexuality?". The Church of Jesus Christ of Latter-day Saints. Retrieved November 2, 2006.
  110. ^ David France (August 6, 2001). "Scouts Divided". Newsweek. BSA Discrimination. Retrieved November 4, 2006.
  111. ^ "What Happens If Scouts Must Admit Gays?". Mormon News. Retrieved May 25, 2008.
  112. ^ a b c d e f "Boy Scouts of America Membership Declines". Archived from the original on June 29, 2006. Retrieved January 2, 2012.
  113. ^ "Annual Traditional Membership Summary (2006)". Boy Scouts of America. 2007. Retrieved June 23, 2009.
  114. ^ a b "Annual Traditional Membership Summary (2007)". Boy Scouts of America. 2008. Retrieved June 23, 2009.
  115. ^ a b "Learning for Life Annual Participation Summary". Boy Scouts of America. 2008. Retrieved January 15, 2010.[dead link‍]
  116. ^ "Annual Traditional Membership Summary (2008)". Boy Scouts of America. Archived from the original on June 12, 2009. Retrieved June 23, 2009.
  117. ^ "Annual Report 2010". Boy Scouts of America. 2010. Retrieved March 20, 2011.
  118. ^ "Annual Report 2011". Boy Scouts of America. 2011. Retrieved February 18, 2012.
  119. ^ "At a Glance". Boy Scouts of America. 2011. Retrieved February 18, 2012.
Sites supportive of the Boy Scouts of America's policies
Sites critical of the Boy Scouts of America's policies
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 978-0-300-12127-8.
  • Perry, Rick [2008]. On My Honor: Why the American Values of the Boy Scouts Are Worth Fighting for. Stroud & Hall Publishers. ISBN 978-0-9796462-2-5.
  • Volokh, Eugene Freedom of Expressive Association and Government Subsidies. Stanford Law Review (UCLA) 58: 1919–1968.

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