Boy Scouts of America membership controversies
The Boy Scouts of America (BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists, agnostics and, until January 2014, prohibited all "known or avowed homosexuals", from membership in its Scouting program. The ban on adults who are "open or avowed homosexuals" from membership was lifted in July 2015. Prior to these policy changes, BSA had denied or revoked membership status or leadership positions for violation of these foundational principles. The BSA had contended that its policies were essential in its mission to instill in young people the values of the Scout Oath and Law.
The organization's legal right to have these policies has been upheld repeatedly by both state and federal courts. In Boy Scouts of America v. Dale, the Supreme Court of the United States has affirmed that as a private organization, the BSA can set its own membership standards. The BSA's policies have been legally challenged but have not been found to constitute illegal discrimination because as a private organization in the United States, the BSA has the right to freedom of association, as determined in the court case. In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources, including public lands.
These policies have led to various disputes and controversies. In 2012, both Republican presidential candidate Mitt Romney and then President Barack Obama stated that they opposed the ban on gay Scouts. On May 23, 2013, the BSA's National Council approved a resolution to remove the restriction denying membership to youth on the basis of sexual orientation alone effective January 1, 2014. The policy for adult leaders remained in place until July 27, 2015.
- 1 Positions of Boy Scouts of America
- 2 Reactions
- 3 Litigation over membership policies
- 4 Relationship with governments
- 5 Other youth organizations
- 6 Historical membership controversies
- 7 In popular culture
- 8 BSA membership size
- 9 See also
- 10 References
- 11 External links
Positions of Boy Scouts of America
According to its mission statement, the Boy Scouts of America seeks "to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law". All members are required, as a condition of membership, to promise to uphold and obey both of these pledges. The texts of the BSA's Scout Oath and Scout Law for Boy Scouting have remained unchanged since they were approved in 1911, and every member agrees to follow them on his application form.
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.
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 it was not appropriate for homosexuals to hold leadership positions in BSA. Similarly, since at least 1985, the BSA has interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism. In both instances, the organization asserted that it was not a new policy to oppose and disfavor atheism, agnosticism and homosexuality, but rather, it was just enforcing long-held policies which had never been published or publicly challenged.
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. The controversial policies which restrict membership apply only to the Scouting programs.
Position on religious belief
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."
"The Boy Scouts of America maintains that no member can grow into the best kind of citizen without recognizing an obligation to God. In the first part of the Scout Oath or Promise the member declares, ‘On my honor I will do my best to do my duty to God and my country and to obey the Scout Law.’ The recognition of God as the ruling and leading power in the universe and the grateful acknowledgment of His favors and blessings are necessary to the best type of citizenship and are wholesome precepts in the education of the growing members."
The 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. 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 Roman Catholic Church's worries, in light of the work of the YMCA in establishing Scouting in the United States, that Scouting might be 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 Islam, Judaism, Baha'i, Zoroastrianism, Hinduism, Sikhism and 28 varieties of Christianity. Boy Scouts of America–approved religious emblems exist for a number of religions, while other emblems remain unrecognized by National.
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."
Position on gender
In 1967, the Boy Scouts of America's den mother position was changed to den leader and opened to males and females. In 1969, the Boy Scouts of America opened special-interest posts to young women to be "associate members". Two years later, the Boy Scouts of America decided to allow any Explorer post to accept young women and/or young men, based on the desires of the chartered organization, and many Explorer posts became co-educational. (In 1998, the Exploring program was completely reorganized and split into two program categories, which both accept women and men. All the career-oriented posts were moved to Learning for Life under the name Exploring, while the rest (including outdoor-oriented posts) became the new Venturing program.) In 1973, most Cub Scout leadership positions were opened to women, and in 1976 the Cubmaster, assistant Cubmaster, and all commissioner positions could also be filled by women. Catherine Pollard was the first female Scoutmaster in the Boy Scouts of America; she led Boy Scout Troop 13 in Milford, Connecticut from 1973 to 1975, but the Boy Scouts of America refused to recognize her as a Scoutmaster until 1988.
The Boy Scouts of America's official position today 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." However, the Venturing and Learning for Life programs are open to young men and women ages 14 through 21.
Position on homosexuality
On May 23, 2013, The Boy Scouts of America's national governing body voted to rescind the long-standing ban on homosexual youth in the program. Effective January 1, 2014, "No youth may be denied membership in the Boy Scouts of America on the basis of sexual orientation or preference alone."
Prior to this, the Boy Scouts of America's official position was to "not grant membership to individuals who are open or avowed homosexuals" as Scouts or adult Scout Leaders in its traditional Scouting programs. As early as 1980, the Boy Scouts of America have denied membership from openly homosexual individuals applying for adult leadership positions. 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.” The BSA thus "believes that a known or avowed homosexual is not an appropriate role model of the Scout Oath and Law."
The language used to describe the BSA's policies on homosexual individuals has evolved over time, 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." 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."
The BSA stated in a 2000 press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person." BSA application forms for youth membership and adult leadership positions do not inquire about the applicants' sexual orientation and do not mention the BSA's policies regarding homosexuality. 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. In 2009, the mother of a Vermont Scout and her civil-union partner were prohibited from volunteering for his pack when it was learned they were gay.
The BSA once again reaffirmed its 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."
On July 17, 2012, at the conclusion of a two-year review, an 11-person committee convened by the BSA reached a "unanimous consensus" recommending retaining the current policy. But within the BSA National Executive Board, members James Turley, CEO of Ernst & Young, and Randall Stephenson, CEO of AT&T and who was "on track to become president of the Scout’s national board in 2014", have publicly opposed the policy and stated their intention "to work from within the BSA Board to actively encourage dialogue and sustainable progress" in changing the policy.
On January 28, 2013, the BSA said it was considering whether to remove its ban on gay leaders and members. "The policy change under discussion would allow the religious, civic, or educational organizations that oversee and deliver Scouting to determine how to address this issue," Deron Smith, public relations director, said in the statement. USA Today reported the policy change could be adopted at the next National Executive Board meeting, scheduled for February 4–6, 2013. On February 6, the 70 member executive Board announced that it needed "more time for a deliberate review" of its policy banning gays and have delayed a final decision until the much larger National Annual Meeting in May 2013 which will have voting representatives from all of the local councils.
On April 19, 2013, the Boy Scouts of America announced a proposal to no longer deny membership to youth on the basis of sexual orientation, but maintain its ban on openly gay adult leaders. The LDS church released a statement in support of the proposal.
On May 23, 2013, the 1,400 voting members of the National Council of the Boy Scouts of America voted to lift the ban of letting openly-gay individuals into the Scouts by 61% to 38%. Openly gay boys are allowed to become Scouts from January 2014 but openly gay adults are still forbidden to be leaders.
Pascal Tessier, a 17-year-old from Chevy Chase, Md., became the first known openly gay Boy Scout to be an Eagle Scout in 2014.
Pascal Tessier became the first openly gay adult Boy Scout in the nation to be hired as a summer camp leader when he was hired by the Boy Scouts’ New York chapter, Greater New York Councils.
In May 2015, BSA President Robert Gates told the national meeting of the BSA in Atlanta that he believes that the current policy of excluding openly gay adults from leadership positions is "unsustainable" and should be changed at an early date. He told the organization that recent events have made it increasingly likely that the BSA will face serious legal challenges to that policy. He advocated removing this exclusion from the BSA's policies but allowing each chartered organization (70% of which are religious organizations) to establish criteria for their units' adult leaders consistent with the organization's values. Gates indicated in subsequent comments that he expected the BSA to take action on his recommendations by October 2015.
On July 10, 2015, the Boy Scouts of America Executive Committee agreed with Mr. Gates, and voted unanimously to approve a policy change that would effectively end the national ban on gay adults. The vote by the Executive Committee required ratification by the National Board prior to enactment. Officials for the Boy Scouts of America stated that the vote would take place later that month. Affirming the decision of the National Executive Committee, on July 27, the National Executive Board voted to lift the organization's ban on openly gay adults. The final vote to approve included 45 votes in favor and 12 votes against.
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".
A conservative civil libertarian group, the American Civil Rights Union (not to be confused with the ACLU), set up the Scouting Legal Defense Fund, and routinely helped with lawsuits. In a legal brief filed in support of the BSA, the American Civil Rights Union argued that "To label [the BSA's membership policies] discriminatory and exclusionary, and a civil rights violation, is an assault on the very freedom of American citizens to advance, promote, and teach traditional moral values." In 2000, a group of current and former members of the BSA created the group "Save Our Scouts", in order "to support and defend the principles of the Scout Oath and Law". This group has subsequently closed as a charity due to failure to file annual reports.
Eagle Scout Hans Zeiger, author of Get Off My Honor: The Assault on the Boy Scouts of America, told the Washington Times, "Scouts' honor is under attack in American culture." Zeiger applauds what he sees as the BSA's courage in resisting political pressure, saying, "Regardless of what leads to homosexuality, it is a thing that has an agenda in our society and is very harmful to the traditional family and is causing a tremendous amount of harm to young men. The Boy Scouts are one of the few organizations that have the moral sense to stand against the homosexual agenda."
The Church of Jesus Christ of Latter-day Saints (LDS Church), a longtime supporter of the Boy Scouts of America, teaches that homosexual activity is immoral. The LDS Church is the largest single sponsor of Scouting units with over 30,000 units nationwide, which comprise about 13% of BSA's youth members. In 2000, an attorney representing the LDS Church stated that "The Church of Jesus Christ of Latter-day Saints ... would withdraw from Scouting if it were compelled to accept openly homosexual Scout leaders". This does not differ from the LDS Church policy of allowing "non-practicing" self professed gay members to enjoy all the same rights and privileges as any other church member.
An LDS spokesman issued a statement "We caution others not to speculate about our position .... Neither has the [LDS] Church launched any campaign either to effect or prevent a policy change."
In March 2013, a subgroup of the Scouting community launched "OnMyHonor.net", a self-described group "who are united in their support of Scouting’s timeless values and their opposition to open homosexuality in the Scouts." The Boy Scouts of America general counsel described OnMyHonor as an "outside party" and requested the site cease and desist using official BSA logos on the site.
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. A few members of the U.S. Congress have also spoken out against the BSA's policies. Since the Dale decision, some Eagle Scouts (about 100) have returned their Eagle Scout badge to the BSA in protest.
Scouting had reported that the 2013 National Scout Jamboree would be headlined by the band Train and singer Carly Rae Jepsen. In March 2013, both cited the BSA policy on gays as barrier to their performance. Train released a statement saying the group "strongly opposes any kind of policy that questions the equality of any American citizen ... We look forward to participating in the Jamboree this summer, as long as they make the right decision before then." In March, entertainer Madonna made a public appearance dressed as a Scout and called for the ban to be lifted.
The Unitarian Universalist Association's opposition to the BSA's membership exclusions led to a dispute between the organizations. In 2001, the Union for Reform Judaism's Commission on Social Action, citing a commitment to ending discrimination in all forms, issued a memorandum recommending that congregations stop hosting BSA troops and that parents withdraw their children from all of the Boy Scouts of America's programs. Additionally, the General Synod of the United Church of Christ issued a statement urging the BSA to change policy and stated that "Discrimination against anyone based on sexual orientation is contrary to our understanding of the teachings of Christ."
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. The BSA has also lost all funding from several large corporations that had been regular donors, such as Chase Manhattan Bank, Levi Strauss, Fleet Bank, CVS/pharmacy, and Pew Charitable Trusts. For example, Pew Charitable Trusts, which had consistently supported the BSA for over fifty years, decided to cancel a $100,000 donation and cease future donations. 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. In November 2012, the UPS Foundation, a philanthropic division of UPS, halted its financial donations, amounting to $85,000 in 2011, to the BSA because of its discrimination based on sexual orientation. In 2012, Merck & Co. stopped its funding due to the policy excluding gays and lesbians. In 2013, restaurant chain Chipotle publicly pulled support over the ban.
On June 14, Caterpillar Inc. cut its funding of the BSA, saying "We have inclusive policies here at Caterpillar Inc. [...] We would certainly consider a change in the future grants - if there was a change that aligned with what our non-discrimination policies are."  A Pennsylvania chapter of the United Way withheld funding over the decision to exclude openly gay leaders.
The United Way had ended financial support for the Great Trails Council after it refused to sign a non-discrimination policy. United Way officials stated that such an agreement was not unique.
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."
Within the Boy Scouts
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.
In a 2012 survey asking open-ended questions 5,800 respondents (9%) mentioned the policy in their answers. Of those who did mentioned the policy, 95 percent said the “reaffirmation of the membership policy negatively impacted their loyalty" to the BSA.
In March 2013, the BSA invited its members to take an online survey about the LGBT ban. The survey asked multiple questions, one of which explored the role of gay youth in Scouting:
Tom started in the program as a Tiger Cub, and finished every requirement for the Eagle Scout Award at 16 years of age. At his board of review Tom reveals that he is gay. Is it acceptable or unacceptable for the review board to deny his Eagle Scout award based on that admission?"
Accord to results released by the BSA, 78% of parents felt it was unacceptable to deny the Scout his Eagle award simply because of his orientation, while only 18% felt it was acceptable. Teens and Scouting Alumni who completed the survey responded similarly.
In May 2013, the Western Los Angeles County Council, which oversees some 30,000 youth, released a statement calling for a "true and authentic inclusion policy" that would allow both gay leaders as well as gay Scouts. Just days before the national vote to include gay Scouts (but not leaders), the Connecticut Yankee Council, which serves about 25,000 Scouts, issued an official statement saying "Scouting in the Connecticut Yankee Council is open to all youth and adults who subscribe to the values of the Scout Oath and Law regardless of their personal sexual orientation."
At the BSA annual national meeting of local council representatives in Boston in 2001, nine local councils submitted a resolution to give more discretion for membership and leadership standards to local councils and chartered organizations; this resolution and two others also seeking to liberalize the policy towards homosexuals were considered by the BSA National Executive Board but the initiative failed in 2002. The policy was revised to the current policy in 2004 and reaffirmed in 2012.
As a result of unit level non-discrimination policies, charters were revoked from several Cub Scout packs in Oak Park, Illinois. In 2003 the Cradle of Liberty Council in Philadelphia approved a non-discrimination policy, but the national council forced the local council to revoke the policy. National ruled that local councils may not deviate from the national policy of not granting membership to openly gay kids. In 2005 the Cradle of Liberty Council adopted another non-discrimination policy, but in 2006 the city of Philadelphia began asking for a more clear-cut non-discrimination policy. Due to the council's refusal, the city ordered the council to pay fair-market rent for Scout offices in a landmark Philadelphia building where the annual rate had been a dollar, resulting in the Cradle of Liberty Council v. City of Philadelphia lawsuit, that was ultimately decided in the Scouts' favor and a federal court decision that the city had unfairly targeted the Scouts.
In April 2014, Boy Scouts of America rescinded the charter of the Boy Scouts troop at Rainier Beach United Methodist Church in Seattle, Washington because their leader was openly gay. The chapter said they would retain the Scout leader and continue to operate without Boy Scouts affiliation.
Inclusive Scouting groups
In 1991, William Boyce Mueller, a former Cub Scout and grandson of original Boy Scouts of America founder William Dickson Boyce, helped start an advocacy group of gay former Scouts called the "Forgotten Scouts".
The Inclusive Scouting Network, founded in August 2000, is a group promoting an end to the membership biases. Its website, http://www.inclusivescouting.net has been used as the central hub for all of its information and is still currently being used. An award called the Inclusive Scouting Award has been promoted through them for people who are actively trying to better the Scouting experience.
Scouting for All sought to promote tolerance and diversity within the BSA. Scouter Dave Rice co-founded Scouting for All in 1993, initially for the purpose of changing the BSA policy on sexual orientation. In 1998, the Boy Scouts of America dismissed him after 59 years of membership for "involving Scouting youth" in his effort. Rice, who is not gay, stated that he obeyed all rules and guidelines and that he never misused his leadership status or promoted an agenda during troop meetings. He maintains that the Boy Scouts of America violated its own rules by summarily dismissing him without granting him a chance to present evidence to a regional review board as is required by the BSA's "Procedures for Maintaining Standards of Membership".
Scouts for Equality has persuaded several United Way groups to remove funding, as well as having Intel end its $700,000 annual support of local troops. The organization also maintains a list of Eagle Scouts who have renounced their Eagle awards.
Mixed or neutral opinions
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.
In 2001, the Boston Minuteman Council in Massachusetts approved a non-discrimination bylaw in regard to sexual orientation while also clarifying that discussions of sexual orientation were not permitted in Scouting. A national Scout spokesperson explained that the council's bylaw did not conflict with national policy. A spokesperson from the Cradle of Liberty Council explained that there is an unofficial "don't ask, don't tell" policy regarding sexual orientation. The Scout Executive of the Minuteman Council believes that the local councils have a large amount of autonomy.
However, after the Minuteman Council approved its non-discrimination bylaw, it rejected the merit badge application of an openly gay individual whose membership in the BSA had previously been revoked in New Hampshire. The Minuteman Council asserted that "We will not accept anybody who has had his membership revoked by the national council." The United Way ended financial support of the Minuteman Council as a result of the controversy.
Litigation over membership policies
The Boy Scouts of America has been sued because of its membership, leadership, and employment standards. Some of the lawsuits dealt with the BSA's standards that require Scouts and Scouters to believe in God, those in leadership positions to not be openly homosexual, and the exclusion of girls from membership in some programs.
There has been some opposition to single-sex membership programs and organizations in the United States including some programs of the BSA. The Boy Scouts of America admits only boys to its Cub Scouting and Boy Scouting programs. Several lawsuits involving girls seeking admission to these programs (see Yeaw v. Boy Scouts of America) have resulted in court rulings that the BSA is not required to admit girls.
During the 1980s and 1990s,several people attracted media attention when they sued the BSA, attempting to make them accept atheists as members and 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). In 1991, twin brothers William and Michael Randall, who had refused to recite the "duty to God" portion of the Cub Scout Promise and Boy Scout Oath, sued to be allowed to continue in the program (see Randall v. Orange County Council and Welsh v. Boy Scouts of America). In addition, there were several other lawsuits involving essentially the same issues. Ultimately, the courts ruled in favor of the Boy Scouts of America in each case.
The courts have repeatedly held that the Boy Scouts of America, and all private organizations, have a right to set membership standards in accordance with the First Amendment protected concept of freedom of association. In particular, in Boy Scouts of America v. Dale, the U.S. Supreme Court ruled in 2000 that the BSA's Constitutional right to freedom of association gave the organization the authority to establish its own membership and leadership standards and to expel a gay assistant Scoutmaster.
After the Dale decision, public opinion in some communities turned against the BSA; corporations, charities, and even some local governments criticized the policy, threatening to either cut off financial support or block the Boy Scouts from using public buildings for their meetings. While some segments of the public criticized the organization, other groups became more enthusiastic in their support of the Scouts.
Since the Supreme Court's ruling, the focus of lawsuits has shifted to challenging the BSA's relationship with governments in light of their membership policies. A number of lawsuits have been filed by or with the assistance of the American Civil Liberties Union over issues such as government association with the BSA and the conditions under which the BSA may access governmental resources.
Relationship with governments
In the US Military, the Don't Ask, Don't Tell repeal passed the House on a vote of 250 to 175 on December 15, 2010. On December 18, 2010, the Senate vote was held later that same day, with the measure passing by a vote of 65–31. President Obama signed the change into law on December 22, 2010. The US military formally ended Don't Ask Don't Tell in September 2011.
California considered and rejected the Youth Equality Act. This act would ban organizations with tax exemptions "from discriminating on the basis of sexual orientation or gender identity."
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.
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. The ACLU's Illinois branch stated that the Boy Scouts discriminated against prospective members who did not want to be sworn in using a religious oath.
The BSA agreed in 2005 to transfer all charters it had issued to governmental entities to private entities in response to a request from the ACLU. Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.
Access to governmental resources
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. The BSA on the other hand has sued governmental entities for denying what it sees as equal access.
In response to these changes and litigation, the federal government passed laws mandating 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. 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.
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, but in the majority of cases mentioned, BSA's use of the facilities was sustained:
- 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. 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 to occupy the building rent free as the organization has done since it had paid for construction of the building in 1929. 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.
- 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. In October 2006, the United States Supreme Court declined to review Evans v. Berkeley.
- In September 2006, the Oregon Supreme Court ruled that recruiting by BSA in public schools did not violate the state's nondiscrimination laws.
- The U.S. Army 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 had spent approximately $2 million per year in taxpayer funds to assist the BSA in staging it. The US Court of Appeals overturned a lower court ruling on the basis of a lack of standing to sue, thus allowing the 2010 Jamboree to go forward with continued DoD support (see Winkler v. Rumsfeld). Despite the BSA's legal victory, the BSA Jamboree left Fort A.P. Hill—starting in 2013, the Scout Jamborees have been moved off public land to the new BSA-owned The Summit Bechtel Family National Scout Reserve.
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". Then, in February 2005, the House passed a resolution by a vote of 418 to 7, stating that "the Department of Defense should continue to exercise its long-standing statutory authority to support the activities of the BSA, in particular the periodic national and world Scout jamborees."
The U.S. Congress has twice passed bills in response to the governmental resources access controversy. In 2001, the U.S. Congress passed the Boy Scouts of America Equal Access Act, which was included as part of the No Child Left Behind Act, and 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, which was included as part of the Department of Defense Appropriations Act and was 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."
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 via videotape and, although he did not directly discuss the controversies, reiterated his support for the organization. Bush commended the Scouts for upholding "values that build strong families, strong communities, and strong character" and said that the Scouts' values "are the values of America."
In January 2009, the American Humanist Association and eighteen other nontheistic organizations sent an open letter to then President-Elect Obama urging him not to serve as the Boy Scouts' honorary president because of the Scouts' positions on religion. Ignoring this, Obama accepted the position of Honorary President and has received the BSA's annual report from groups of Scouts every February from 2009 through 2013.
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, he did send Secretary of Defense William Gates to represent him, and other Presidents, such as Eisenhower and Reagan, had previously sent representatives to National Jamborees instead of attending personally. President Obama 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.
Other youth organizations
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 lands, as well as organizations with similar policies. In the United States, other major youth organizations tend to have less restrictive policies.
Several youth development organizations have formed directly in response to disagreement with BSA's membership policies.
In September 2013, a new Scouting group (not affiliated with the BSA) called Trail Life USA (which will not admit openly gay youth) was created. In September 2013, several Baptist congregations, as well as churches from other Christian denominations, replaced their Boy Scouts of America troops with those of Trail Life USA.
World Organization of Scouting Movement programs
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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. Only one Scouting organization per country is recognized by WOSM. In about ten percent of the countries, the National Scout Organization is a federation composed of more than one Scout association; some of the associations in a federation may be for members of a specific religion (e.g., Denmark and France), ethnicity (e.g., Bosnia and Israel), or native language (e.g., Belgium).
On religion, WOSM states the following about its Fundamental Principles:
Under the title "Duty to God", the first of the above-mentioned principles of the Scout Movement is defined as "adherence to spiritual principles, loyalty to the religion that expresses them and acceptance of the duties resulting therefrom". It should be noted that, by contrast to the title, the body of the text does not use the word "God", in order to make it clear that the clause also covers religions which are non-monotheistic, such as Hinduism, or those which do not recognize a personal God, such as Buddhism.
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 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, homosexuals are not restricted from membership in Scouts Canada and most European associations, including The Scout Association in the United Kingdom, Ring deutscher Pfadfinderverbände of Germany (German Scout Federation), and the Swedish Guide and Scout Association.
"Duty to God" is a principle of worldwide Scouting and WOSM requires its member National Scout Organizations to reference "duty to God" in their Scout Promises (see WOSM Scout Promise requirements). Scouting associations apply this principle to their membership policies in different ways. Scouts Canada defines "duty to God" broadly in terms of "adherence to spiritual principles" and does not have any explicit policy excluding non-theists. According to the old 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."
On 1 January 2014 the Scout Association allowed an additional revised promise "that can be taken by people with no affirmed faith and humanists". and changed its Equal Opportunities Policy to state that neither youth nor adults should be discriminated against for, among other reasons, "religion or belief (including the absence of belief)".
The membership policies of Scouting organizations also vary regarding the inclusion of girls, see Coeducational Scouting.
Historical membership controversies
There have been membership controversies in the past which have been resolved, such as those related to the exclusion of women from some leadership positions, the breakup of Exploring, and racial segregation.
Segregated public schools were declared unconstitutional in 1954 by a unanimous Supreme Court ruling in Brown v. Board of Education, but the Boy Scouts of America included racially segregated units as late as 1974.
In 1974, the National Association for the Advancement of Colored People sued in response to such racial discrimination in Latter-day Saints-affiliated troops. Two 12-year black Scouts sought to fill the role of Senior Patrol Leader. Mormon boys enter the lowest level of the priesthood at 12, and the church's rules required that the Senior Patrol Leader be a deacon with the church. Until 1978, Mormon doctrine prohibited people of African descent from being members of the priesthood, and thus black Scouts were prohibited from holding the office of Senior Patrol Leader in Mormon-affiliated troops. The parties ultimately reached settlement.
In popular culture
BSA membership size
not incl. LFL (post-1989)
|Most Recent Peak||1999||1999||2008||1997|
(1999 to 2015)
- Religion in Scouting
- Religious emblems programs (Boy Scouts of America)
- Scouting controversy and conflict
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- "Boy Scouts of America Membership Declines". Archived from the original on June 29, 2006. Retrieved January 2, 2012.
- "Annual Traditional Membership Summary (2006)". Boy Scouts of America. 2007. Retrieved June 23, 2009.
- "Annual Traditional Membership Summary (2007)". Boy Scouts of America. 2008. Retrieved June 23, 2009.
- "Learning for Life Annual Participation Summary". Boy Scouts of America. 2008. Archived from the original on September 24, 2009. Retrieved January 15, 2010.
- "Annual Traditional Membership Summary (2008)". Boy Scouts of America. Archived from the original on June 12, 2009. Retrieved June 23, 2009.
- "Annual Report 2010". Boy Scouts of America. 2010. Retrieved March 20, 2011.
- "Annual Report 2011". Boy Scouts of America. 2011. Retrieved February 18, 2012.
- "2011 BSA Annual Report" (PDF). Boy Scouts of America. 2011. Retrieved February 4, 2013.
- "At a Glance". Boy Scouts of America. 2012. Retrieved February 4, 2013.
- "2013 Report to the Nation" (PDF). Boy Scouts of America. 2013. Retrieved February 28, 2014.
- "2014 Report to the Nation" (PDF). Boy Scouts of America. Retrieved 21 April 2015.
- "2015 Report to the Nation" (PDF). Boy Scouts of America. 31 January 2016. Retrieved 21 June 2016.
- Sites supportive of the Boy Scouts of America's policies
- Sites critical of the Boy Scouts of America's policies
- Scouting for All
- Discrimination in the Boy Scouts of America
- Ontario Consultants on Religious Tolerance's web page on the BSA
- Other sites
- Ellis, Richard J. (2014). Judging the Boy Scouts of America: Gay Rights, Freedom of Association, and the Dale Case. University Press of Kansas. ISBN 978-0-7006-1951-1
- 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 . 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.