Boy Scouts of America membership controversies

Several controversies have arisen surrounding the Boy Scouts of America (BSA) in recent years and some have resulted in litigation. Most are associated with BSA's position that the traditional values expressed in the Scout Oath forbid atheists as members and avowed homosexuals in leadership positions. See BSA Core Values [1] and BSA Declaration of Religious Principle.[2]

Current issues

Sexuality

BSA policy states that "being a leader in the BSA is a privilege, not a right" and it has the right to select as leaders the best possible role models for the values espoused in the Scout Oath and Scout Law. This has 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 had a position statement in 1993 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 Scout Law.

Officially, BSA makes no effort to discover the sexual orientation of any person. Critics contend that some within BSA have investigated and expelled non-avowed homosexual employeesandmembers 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 policy similar to the US Military's "Don't ask, don't tell" when it comes to sexual orientation. A spokesperson for the Boston Minuteman Council said in the Boston Globe in August 2001, "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 conflict with BSA national policy and is common in other councils. Some believe that these councils' policies differ from BSA national policy.

There has been a controversy regarding a link between homosexuality and pedophilia. It is unknown what BSA's position is on this presumed link. The following statements are taken from the Equal Opportunities Policy of The Scout Association of the United Kingdom (a member of the World Organization of the Scout Movement):

"Pedophile men may be heterosexual, homosexual or bi-sexual." "Women are rarely pedophiles". "Homosexuality has been perceived as incompatible with Scouting by some people (both within and outside The Scout Association) on the basis of a presumed link between homosexuality and pedophilia. This perception has been used to deny homosexual people the chance to work with young people as Scout Leaders. There is no link between homosexuality and pedophilia, and therefore there is no justification for restricting Membership on this basis."[3]

Spirituality

BSA's prohibition of youths and adults who do not agree to an oath of "duty to God" (by reciting the Scout Oath) has been controversial, especially to atheists and agnostics. BSA does not define what constitutes belief in God or the practice of religion, and maintains that it is not a "religious organization". BSA recognizes the religious element in the training of a Scout but is nonsectarian in its attitude toward this religious training.[4]

The "duty to God" requirement has led to a dispute over the National Scout Jamboree (see below).

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 public places led to a 1978 agreement to use infrequently used military facilities instead. While only registered Scouts and leaders are allowed to camp at the Jamboree, the exhibits and shows are open to general public to visit.

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 10 U.S.C. 2554. As part of the 1978 agreement, BSA paid for capital improvements at Fort A.P. Hill that are used by both the Jamboree and military encampments. 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 1937. While most of the approximately $50 million dollar Jamboree expense is paid for by BSA and it's participants, during the four weeks of a National Jamboree operation about 1,500 troops and DOD contractors might be engaged in training operations supporting it. Defense Department funding for this support averages $2 million a year. A U.S. District Court judge ruled in June 2005 that funding this support is unconstitutional because "the BSA is a religious organization, requiring Scouts to affirm a belief in God."[5]

The U.S. Department of Justice has appealed the ruling, arguing that the military’s support for the Jamboree does not violate the seperation 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.[6]

Membership numbers reporting

BSA has had problems with a few local Councils overstating membership numbers.[7] Membership has been declining in the "traditional" Scouting programs of Cub Scouts and Boy Scouts. Cub Scouting had slightly fewer than 1.9 million members in 2004. Boy Scouts had slightly fewer than 1 million members. BSA is still the nation's largest youth organization, serving more than 4.5 million young people in all programs (including their Learning For Life subsidiary, which allows girls, gays, and atheists). 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 and 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. [8] This program often uses donations or government grants to pay 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 five of the three hundred local councils have had their membership numbers questioned in the 2004-2005 period. A program for disadvantaged youth in Atlanta was found to have only 5,000 boys, not the 15,000 claimed. [9] Joseph Beasley, a Civil Rights leader and others believe even the revised count is far too high.[10]

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. [11]

Public advocacy by leaders

Following the military model on which it was based, BSA does not allow its commissioned leaders to use their leader status to express political opinions to the public or to youth members. Commissioned Leaders serve at the pleasure of both their chartered organization and BSA. Leaders can be removed for violating this policy through "Procedures for Maintaining Standards of Membership". A few leaders who have spoken out in the press about controversial issues have had their memberships revoked because they did not resign their commissions before publicly speaking on political subjects.

Dave Rice, who had 59 years in Scouting, was removed after publicly advocating that BSA allow homosexual members and leaders and "involving Scouting youth" in similar public political activity.[12] He was one of the founders of Scouting for All, an advocacy organization publicly promoting different 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 in 2002. [13]

Recently resolved issues

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 [14] and to reject future unit charters that designate a government entity. The ACLU felt that direct sponsorship of Scout units by government entities violates the Establishment Clause of the First Amendment to the U.S. Constitution because government officials would have to exclude members who do not agree to an oath of "duty to God" (by reciting the Scout Oath).

As of November 2003, roughly 10,000 Scout troops and packs (approximately ten percent) were sponsored by government entities, primarily public schools. However, civic organizations such as the American Legion have offered to become the new chartered organizations for such units. The rechartered units will have the right to meet in the schools and other public places under the Scouts Equal Access Act and the Support our Scouts Act.

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, some groups 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 units access to public lands and facilities [15] [16][17] [18]. Others discontinued giving them special access,[19] 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.[20][21]. In response to this, Congress passed the following Acts, which are now federal law:

The Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905, effective January 8, 2002, requires public elementary and secondary schools, local educational agencies, and State educational agencies that receive U.S. Department of Education funds to provide any BSA group equal access to school premises or facilities if they provide an opportunity for other outside youth or community groups to meet there before or after school hours.

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 at Fort A.P. Hill".[22] The legal controversy regarding Defense Department funding of the National Scout Jamboree is discussed above.

Response to the issues

Litigation

Since 1975, BSA membership policies have become the target of costly litigation. A number of lawsuits have been filed by the American Civil Liberties Union (ACLU) in recent years over issues such as BSA recruiting in public schools and government involvement with the BSA. The ACLU has been awarded over a million dollars in attorney's fees in successful cases against government entities, paid by taxpayers, as authorized under the Civil Rights Act, 42 U.S. Code Sec. 1988.[23]. The following are links to pages on the BSA's Legal Issues Web Site that discuss these issues:

United Way funding

BSA is a non-profit organization that depends on charitable donations to operate and was one of the original founding organizations of the United Way. About 53 of the 1350 local United Way chapters have withdrawn funding from local Scout councils because of local pressure or policy.[24]

Special access to public lands and facilities

Since the homosexuality debate surfaced, several municipal governments have refused to let Boy Scouts use their facilities at a discounted rate (which had been the usual practice).[25] (For more information, see: Equal access to public lands and facilities.)

Religious organization response

BSA policy has also led to disagreement between BSA and the Unitarian Universalist Association (UUA) (see Unitarian Universalism and www.uua.org). 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. 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. [26]

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[27]. However, it currently sponsors Scouts Canada, which does not restrict homosexuals from membership and leadership positions.

Congressional response

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 including the National Jamboree. 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.[28]

External links