[[Image:BSA_Color_Logo.png|right|The BSA Logo|frame|Boy Scouts of America logo]] The [[Boy Scouts of America]] (BSA), the largest [[youth organization]] in the [[United States]], has policies which prohibit or restrict certain people from membership and participation. Some of these membership policies are controversial and have resulted in the dismissal of Scouts and adult Scout leaders from the BSA or a Scouting unit for being an [[atheist]], [[agnostic]], or [[homosexuality|homosexual]].{{cite web|url=http://www.inclusivescouting.org:8000/bsa/cases/|work=Inclusive Scouting .NET|title=Case Studies|accessdate=2006-08-31}} These membership policies also exclude girls from some BSA [[Scouting]] programs. The Boy Scouts of America and its supporters contend that these policies are essential in its mission to "instill in young people lifetime values and develop in them ethical character".{{cite web|url=http://www.bsalegal.org/core-values-286.asp|work=BSA Legal|title=Core Values|accessdate=2006-10-02}}{{cite web| url=http://www.bsalegal.org/dutytogo-155.htm|work= BSA Legal Issues |title=Duty to God |accessdate=2006-10-22}} Critics believe that some or all of these policies are wrong and amount to [[Discrimination|discrimination]]. {{cite web|url=http://atheism.about.com/b/a/258300.htm|title=Boy Scouts & Public Funding: Defending Bigotry as a Public Good|accessdate=2006-11-14}}{{cite web|url=http://www.bsa-discrimination.org/|work=BSA Discrimination|title=Discrimination in the BSA|accessdate=2006-09-04}} BSA advocates counter that it is not discrimination, but is adherence to their membership standards. The organization's right to set such policies has been upheld repeatedly by both [[state court|state]] and [[federal court]]s. Moreover, in 2000, the [[Supreme Court of the United States]] affirmed that the Boy Scouts of America is a private organization which can set its own membership standards. In recent years, the policy disputes have led to litigation over the terms under which the BSA can access governmental resources including public lands.{{cite web|url=http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/10/16/state/n075532D70.DTL|work=|title=Supreme Court Won't Review Berkeley Sea Scouts' Case|accessdate=2006-10-17}} ==Boy Scouts of America's values affect membership criteria== [[Image:BSA timeless values.jpg|right|150px|thumb|BSA "Timeless Values" logo|Boy Scouts of America Strategic Plan logo]] 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 Promise|Scout Oath]] and [[Scout Law|Law]]". All members are required, as a condition of membership, to promise to uphold and obey both of these pledges.{{cite web |url=http://www.findarticles.com/p/articles/mi_m1374/is_6_59/ai_57800242|title=Challenging the discriminatory practices of the Boy Scouts of America|work=Humanist|month=November|year=1999 |author=Margaret Downey}} The texts of the BSA's Scout Oath and Law have remained unchanged since they were approved in 1911.Dale v. Boy Scouts (1998) [http://lawlibrary.rutgers.edu/courts/appellate/a2427-95.opn.html Decision of the Superior Court of New Jersey Appellate Division],''308 N.J. Super. 516'' [[Religion]] has been an integral part of the international [[Scouting]] movement since its inception. As early as 1908, Scouting founder [[Robert Baden-Powell, 1st Baron Baden-Powell|Baden-Powell]] wrote in the first Scout handbook that “No man is much good unless he believes in [[God]] and obeys His laws. So every Scout should have a religion."Robert Baden-Powell (1908) ''Scouting for Boys'', quoted [http://www.faqs.org/faqs/scouting/rec.scouting.issues/section-11.html here] and elsewhere The [[World Organization of the Scout Movement]] with few exceptions, requires all member National Scout Organizations to reference "duty to God" in their respective [[Scout Promise|Scout promise]] (words such as "my religion" or "Dharma" are sometimes used instead of the word "God").{{cite web | last = | first = | authorlink = | coauthors = | year = Oct 2001 | url = http://www.scout.org/wsrc/ll/docs/spiritualdev_e.pdf | title = Scouting and Spiritual Development | format = {{PDFlink|332KB}} | work = | publisher = World Organization of the Scout Movement | accessdate = 2006-05-22}} In Cub Scouting, [[Cub Scouts (Boy Scouts of America)|Cub Scouts]] working on the Bear rank must complete a requirement about their faith although they, like [[Boy Scouts (Boy Scouts of America)|Boy Scouts]], are not required to adhere to an organized religion.{{cite web | last = | first = | authorlink = | coauthors = | year = 2003 | url = http://usscouts.org/advance/cubscout/bear.html | title = Bear Badge Requirements | format = | work = | publisher = US Scouts.org | accessdate = 2006-07-13}} Religious groups have developed and administer their own [[Religious Emblems Programs|religious emblems programs]] to encourage their members to grow stronger in their faith. The religious emblems can be worn on the Scout uniform if the program has been approved by the BSA and the Scout has completed the emblem requirements.{{cite web | author = | year = 2003 | url = http://www.scouting.org/awards/religious/faq.html | title = Religious Emblems Programs FAQ | format = | work = | publisher = Boy Scouts of America | accessdate = 2006-03-29}} In the Scout Oath, the Scout promises, in part, to be "morally straight" and "to do my duty to God"; the Scout Law holds that a Scout is "Clean" and "Reverent". As early as 1978, the Boy Scouts of America circulated a memorandum with national executive staff explicitly stating that they held the Scout Oath and Law to be incompatible with homosexuality.Boy Scouts of America et al. v. Dale (2000) [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-699 Decision of the US Supreme Court] Similarly, since at least 1985, the BSA has explicitly interpreted the Scout Oath and Law as being incompatible with agnosticism and atheism.{{cite|author=Jay Mechling|title=On My Honor: Boy Scouts and the Making of American Youth|date=2001| publisher=University of Chicago Press}}, excerpt [http://www.press.uchicago.edu/Misc/Chicago/517047.html here] In both instances, the organization asserted that it was not a "new policy" to expel atheists and gays -- rather, the BSA argued it was just enforcing long-held policies which had never been published or publicly challenged.Pool & Geller v. BSA [http://www.uua.org/news/scouts/pool_fact.html Compainant's Proposed Findings of Fact and Conclusions of Law] ===Position on atheists and agnostics=== The Boy Scouts of America's position is that agnostics and atheists cannot participate as Scouts (youth members) or [[Scouter]]s (BSA registered adult leader volunteers and salaried employees): :"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 an atheist or agnostic is not an appropriate role model of the Scout Oath and Law for boys and thus will not accept such adults as leaders. The Boy Scouts of America prohibits youths and adults who do not agree to the Scout Oath, which includes the provision of doing one's "duty to God". ===Position on homosexuals=== Since 1981, openly-gay adults have been officially prohibited from joining the Boy Scouts of America.Curran v. Mount Diablo Council of the Boy Scouts of America (1998) [http://www.lambdalegal.org/cgi-bin/iowa/cases/decision.html?record=224 Decision of the California Supreme Court] The BSA "believes that a known or avowed homosexual is not an appropriate role model of the Scout Oath and Law".{{cite web|url=http://www.bsalegal.org/morallys-156.htm|work= BSA Legal Issues|title=Morally Straight|accessdate=2006-02-28}} The language used to describe the BSA's policies on homosexuals has evolved over time. Prior to 2004, the policy explicitly stated: :"We do not allow for the registration of avowed homosexuals as members or as leaders of the BSA."{{cite web|url=http://www.bsa-discrimination.org/html/bsa_gay_policy.html|title=BSA's Policy on Homosexuals|work=BSA Discrimination|accessdate=2006-07-08}} In 2004, the BSA composed a new statement that elaborates on the policy: :"Boy Scouts of America believes that homosexual conduct is inconsistent with the obligations in the Scout Oath and Scout Law to be morally straight and clean in thought, word, and deed. The conduct of youth members must be in compliance with the Scout Oath and Law, and membership in Boy Scouts of America is contingent upon the willingness to accept Scouting’s values and beliefs." The BSA has stated in a press release that, "Boy Scouting makes no effort to discover the sexual orientation of any person."{{cite web|url=http://www.scouting.org/media/press/2000/000628/index.html|work=BSA National Council|title=BSA Sustained By US Supreme Court|accessdate=2006-07-09}} BSA application forms for youth membership and adult leadership positions do not inquire about the applicants' sexual orientation and do not mention the BSA's policies regarding homosexuals.{{cite web|url=http://www.scouting.org/forms/|title=Scouting Forms from the National Council|work=Scouting.org|accessdate=2006-07-14}} BSA local councils and Scouting units are required to adhere to National Council policies as a condition of their charters;{{cite web|url=http://www.uua.org/news/scouts/openingdoor.html|title=Opening the Door to Gay Boy Scouts|work=Globe|work=Boston Globe|author=Derrick Z. Jackson|date=June 8, 2001|}} however, there is inconsistency in the way some have interpreted and implemented official policy on homosexuality. Several local councils have stated that they have implemented the policy in a way that is similar to the [[Military of the United States|U.S. Armed Forces']] [[Don't ask, don't tell|"Don't Ask, Don't Tell"]] policy.{{cite web| url=http://www.bsa-discrimination.org/html/globe-010808.html#0801Article|work= BSA Discrimination.org|title=Boston Minuteman Council:Policy of Nondiscrimination |accessdate=2006-03-10}} In this view, homosexuals should be allowed to remain members as long as they do not disclose their [[sexual orientation]], and the BSA should not question or investigate their sexual orientation. There is, however, disagreement as to whether "Don't Ask, Don't Tell" is consistent with National Council's official policy.{{cite web |url=http://www.personal.psu.edu/glm7/m079.htm|title=“Please ask, please tell” not “Don’t ask, don’t tell” should be the watchwords for organizations like the Boy Scouts|author=Gary L. Morella|accessdate=2006-07-14}}{{cite web |url=http://web.archive.org/web/20040521013027/http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=23911|title=Words don't hide homosexuality|work=WorldNetDaily|year=2001|author=Jon Dougherty}} There have been reports of practices which are quite different from "Don't Ask, Don't Tell". These reports include instances of Scouting leaders questioning a member about their sexual orientation, sometimes resulting in their expulsion.{{cite web|url=http://www.bsa-discrimination.org/html/review_bsa_gay_policy.html|work=BSA Discrimination|title=A Review of BSA's Gay Policy|acessdate=2006-04-13}} In 2005, a high-level employee of BSA was fired by National Council after the organization somehow obtained a copy of his bill from a [[Gay tourism|gay resort]] at which he had vacationed.{{cite web|url=http://www.motherjones.com/news/update/2005/08/scouting.html|work= Mother Jones.com|title=Scouted Out|accessdate=2006-03-10}} ===Position on gender=== According to the BSA, "The Cub Scout and Boy Scout programs were designed to meet the emotional, psychological, physical, and other needs of boys between the ages of 8 and 14."{{cite web|url=http://www.bsalegal.org/teaching-157.htm|title=Litigation regarding girls seeking membership|work=BSA Legal Issues|accessdate=2006-07-14}} ===Scouting membership policies=== The Boys Scouts of America has been a member of the [[World Organization of the Scout Movement]] (WOSM) since 1922. WOSM does not require its member National Scout Organizations to adhere to the same membership criteria and therefore the membership policies of the BSA and other Scouting organizations may differ. For example, homosexuals are not restricted from membership or leadership positions in [[Scouts Canada]] or most European associations, including [[The Scout Association]] of the [[United Kingdom]], [[Ring deutscher Pfadfinderverbände]] of [[Germany]], or the [[Svenska Scoutrådet|Swedish Guide and Scout Association]]; all are WOSM members.Scout UK Equal Opportunity Policy for [http://www.scoutbase.org.uk/library/hqdocs/eqopps/eo-sbe-y.htm young people] and for [http://www.scoutbase.org.uk/library/hqdocs/eqopps/eo-sbe-a.htm adults].{{cite web|url=http://www.bsa-discrimination.org/html/wosm.html|title=World Scouting Movement|work=BSA Discrimination|accessdate=2006-07-14}} "Duty to God" is a principle of worldwide Scouting; Scouting organizations in different nations apply it differently to their membership policies. The [[Boy Scouts of America]] takes a strong position, excluding atheists. The [[The Scout Association|United Kingdom Scout Association]] does have a requirement that adult leaders acknowledge a higher power, but does not necessarily exclude atheists from roles in Scouting as long as the local Commissioner is satisfied that the applicant leader will support the values of Scouting and the investigation of faith by the young people in the movement. [[Scouts Canada]] defines Duty to God broadly in terms of "adherence to spiritual principles" and does not have any explicit policy excluding non-theists.{{cite web | last = | first = | authorlink = | coauthors = | year = | url = http://www.bsa-discrimination.org/html/god-top.html | title = BSA and Religious Belief | format = | work = | publisher = BSA Discrimination.org | accessdate = 2006-10-16}} The membership policies of Scouting organizations also vary regarding the inclusion of girls, see [[Scouting#Co-educational Scouting|Coeducational Scouting]]. ==Litigation over the membership policies== The Boy Scouts of America has been involved in a number of lawsuits challenging its membership, leadership, and employment standards.{{cite web|url=http://www.bsalegal.org/litigati-153.htm|work= BSA Legal Issues|title=Litigation|accessdate=2006-07-09}} Some of the lawsuits dealt with the BSA's standards that require Scouts and Scouters to believe in God and not be homosexual, and the exclusion of girls from membership.{{cite web|url=http://www.bsalegal.org/teaching-157.htm|work= BSA Legal Issues|title=Teaching “Boys to Do Things for Themselves and Others”|accessdate=2006-07-09}} During the 1980s and 1990s, there were several high-profile lawsuits in which individuals asked the courts to require the BSA to include gays or atheists. In 1981, Tim Curran, an openly-gay adult volunteer, sued asking that he be included in the Scouting program (see [[Curran v. Mount Diablo Council]]).[http://www.lambdalegal.org/cgi-bin/iowa/cases/record?record=34Curran v. Mount Diablo Council, Boy Scouts of America], 952 P.2d 218 In 1991, twin brothers William and Michael Randall, who had been expelled for refusing to swear a "duty to God", sued to be allowed to participate in the program (see [[Randall v. Orange County Council]]).[http://caselaw.lp.findlaw.com/data2/californiastatecases/s039161.pdf Randall v. Orange County Council] {{PDFlink|36KB}}, 17 Cal. 4th 73 In addition, there were at least five or six other lawsuits involving basically the same issue.e.g. Merino v. BSA, Pool & Geller v. BSA, Welsh v. BSA, Seabourn v. BSA. See [http://www.bsa-discrimination.org/index.html Discrimination in the BSA] Ultimately, the Boy Scouts of America won every case. In the wake of these rulings, the right of the BSA to set their own membership standards has been firmly established. The Courts have repeatedly held that the Boys Scouts of America, and all private organizations, have a right to set membership standards under the First Amendment protected concept of [[freedom of association]]. In particular, in [[Boy Scouts of America v. Dale]] (2000), the U.S. Supreme Court ruled that the BSA's right to [[freedom of association]] gave them the authority to expel a gay assistant Scoutmaster. There has been some opposition to single-sex membership programs and organizations in the United States including the programs of the BSA.{{cite web|url=http://www.bsa-discrimination.org/html/girls-top.html|title=BSA and Girls in Scouting|work=Discrimination in the BSA|accessdate=2006-07-14}} The Boy Scouts of America admits only boys to its Cub Scout and Boy Scout programs although girls age 14 and older may join [[Venturing]]. Several lawsuits involving girls seeking admission to the BSA resulted in court rulings that the BSA is not required to admit girls. The focus of the lawsuits in recent years has shifted to challenging the BSA's relationship with governments in light of their membership policies. A number of lawsuits have been filed by the American Civil Liberties Union over issues such as BSA recruiting in public schools and government involvement with the BSA. Other lawsuits deal with the conditions under which the BSA is allowed to access governmental resources.{{cite web|url=http://www.bsalegal.org/accessto-154.htm|work= BSA Legal Issues|title=Access to Government Forums|accessdate=2006-07-09}} ===Governmental sponsorship of Scouting units=== [[Image:American Civil Liberties Union logo.png|thumb|right|[[American Civil Liberties Union|ACLU]] logo]] The ACLU has taken legal action to stop governmental organizations from serving as the chartered organizations (sponsors) of Scouting units. The [[U.S. Department of Defense]] announced in 2004 that it would end direct sponsorship of Scouting units in response to a religious discrimination lawsuit brought by the ACLU.{{cite web|url=http://www.aclu.org//religion/discrim/16382prs20041115.html|work=American Civil Liberties Union|title=Pentagon Agrees to End Direct Sponsorship of Boy Scout Troops in Response to Religious Discrimination Charge|accessdate=2006-03-02}} 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.{{cite web|url=http://www.aclu-il.org/news/press/2005/03/national_boy_scout_organizatio.shtml|work=American Civil Liberties Union of Illinois|title=National Boy Scout Organization Agrees to End All Local Government Direct Sponsorship of Troops and Packs|accessdate=2006-03-02}} Previously, about 400 Scouting units had been sponsored by U.S. military bases and over 10,000 by other governmental entities, primarily public schools.{{cite web|url=http://washingtontimes.com/metro/20041116-115229-4427r.htm|work=Washington Times|title=Boy Scouts Jamboree to stay at Army base|accessdate=2006-03-02}} ===Access to governmental resources=== The conditions under which the Boy Scouts of America can access public and nonpublic governmental resources have become controversial and have resulted in litigation.{{cite web|url=http://www.scoutingforall.org/articles/2006020104.shtml|work=Scouting for All|title=Boy Scouts Say They're Like KKK Youth|accessdate=2006-03-02}} Historically, the BSA (and the Girl Scouts of the USA) have often been granted preferential access to governmental resources such as lands and facilities. When a private organization such as the BSA receives access on terms more favorable than other private organizations, it is known as "special" or "preferential" access whereas "equal" access is access on the same terms. For example, state and local governments may lease property to nonprofit groups (such as the BSA) on terms that are preferential to or equal to the terms they offer to commercial groups, in other words they may give nonprofit groups either special or equal access. Special access includes access at a reduced fee (including no fee) or access to places off-limits to other groups. Federal laws can limit the ways a government may support religious organizations e.g. the [[Establishment Clause of the First Amendment]]. Some cities, counties, and states have ordinances or policies that limit government support for organizations that practice some types of discrimination. Since the BSA's membership policies may sometimes be contrary to these laws, some government organizations have moved to change the terms under which the BSA is allowed to access its resources. Private individuals have filed lawsuits to prevent governmental entities from granting what they see as preferential access.''Winkler v. Chicago School Reform Board, et. al., Evans v. Berkeley'', discussed [http://www.bsalegal.org/accessto-154.htm here] The BSA on the other hand has sued governmental entities for denying what it sees as equal access. It is not always clear what constitutes "special access" versus "equal access" and this too can be the source of a dispute. In response to these changes and litigation, the federal government passed laws regarding the BSA's equal access to local and state level governmental resources. The [[Boy Scouts of America Equal Access Act]], enacted in 2002, requires public elementary and secondary schools that receive [[U.S. Department of Education]] funding to provide BSA groups equal access to school facilities.{{cite web|url=http://www.ed.gov/about/offices/list/ocr/boyscouts.html|title=Boy Scouts of America Equal Access Act|work=US Dept. of Education - Office expelof Civil Rights|accessdate=2006-07-14}} The [[Support Our Scouts Act|Support our Scouts Act]] of 2005 requires state and local governments that receive [[United States Department of Housing and Urban Development|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.{{cite web|url=http://thomas.loc.gov/cgi-bin/query/z?c109:S.642.IS:|title=Support Our Scouts Act of 2005|work=US Library of Congress|date=March 16, 2005}} ====Recent litigation==== In July 2003, the 2nd U.S. Circuit Court of Appeals issued a ruling that upheld a decision by a U.S. Disctrict 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{{cite news | last = Seper | first = Jerry | coauthors = | title = High court spurns appeal by Scouts | work = | pages = | language = | publisher = Washington Times | date = [[2004-03-09]] | url = http://www.washtimes.com/national/20040308-105529-8891r.htm | accessdate = 2006-10-17 }}. In March 2006, the California Supreme Court ruled in [[Evans v. Berkeley]] that the City of Berkeley did not have to continue to subsidize a local BSA unit, the [[Sea Scouts (Boy Scouts of America)|Sea Scouts]].{{cite web |url=http://pacificlegal.org/view_PLFNews.asp?iID=336&sTitle=Berkeley+Sea+Scout+Decision+Appealed+to+United+States+Supreme+Court|title=Berkeley Sea Scout Decision Appealed to United States Supreme Court|work=Pacific Legal Foundation Press Release|date=[[July 11]] [[2006]]| accessdate=2006-11-03}} On [[October 16]] [[2006]], the United States Supreme Court refused to review ''Evans v. Berkeley''.{{cite news | last = Egelko | first = Bob | coauthors = | title = Top court rejects Sea Scouts' appeal on rent subsidy | work = | pages = B2 | language = | publisher = San Francisco Chronicle | date = [[2006-10-17]] | url = | accessdate =2006-11-03}} In September 2006, the Oregon Supreme Court ruled that Boy Scouts recruiting in public schools did not violate the state's nondiscrimination laws.{{cite web|url=http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1157768730234070.xml&coll=7|work=The Oregonian|title=Court OKs Boy Scout recruiting at schools|accessdate=2006-10-11}} Litigation is pending on the terms under which the City of San Diego is providing access to the BSA (see [[Barnes-Wallace v. Boy Scouts of America]]). The U.S. Army gives the BSA special access to a base, [[Fort A.P. Hill]], for its [[National Scout jamboree (Boy Scouts of America)|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. There is pending litigation on the issue of whether the federal government's support of the national Scout jamboree is constitutional (see [[Winkler v. Rumsfeld]]).{{cite web|url=http://www.aclu.org/religion/govtfunding/24910prs20060405.html|title=Prominent Chicago Religious Leaders Ask Federal Appellate Court to Protect Government Neutrality in Religion and End Pentagon's Extraordinary Funding for Boy Scout Jamboree|work=ACLU of Illinois Press Release|date=[[April 5]] [[2006]]|accessdate =2006-11-03}} ==Opposition to Boy Scouts of America's membership policies== Many groups and individuals oppose the BSA's membership policies. Perhaps the most vocal opponent of the policies has been the [[American Civil Liberties Union]] (ACLU), which has filed and assisted others in filing several lawsuits against the Boy Scouts of America. A few members of the [[United States Congress|U.S. Congress]] have also spoken out against the BSA's policies.{{cite web|url=http://www.scoutingforall.org/articles/2005112802.shtml|Scouting for All|title=Congressman Frank's Statement Supporting 'Scouting for All' |accessdate=2006-03-10}} Some within the [[Scouting|Scouting movement]], as well as long-time Scouting supporters, parents, chartered organizations, and religious organizations have expressed opposition to the policies in a variety of ways, ranging from protest actions to starting alternative organizations that advocate inclusiveness. Some advocate for change from within, while others disassociate themselves from the BSA or urge others to do so. According to an internal BSA poll, about 30% of Scout parents do not support excluding gays.{{cite web|url=http://www.bsa-discrimination.org/html/globe-010808.html|work= BSA Discrimination.org|title=Saying No to bias in BSA, or not? |accessdate=2006-03-10}} Since the Dale decision, some [[Eagle Scout (Boy Scouts of America)|Eagle Scouts]] (about 100) have returned their Eagle Scout badges to the BSA in protest.{{cite web|url=http://www.scoutingmagazine.org/issues/0103/a-sval.html|title=In Support of Values|work=Scouting Magazine|month=March-April|year=2001}}{{cite web|url=http://www.scoutingforall.org/eaglebadge.shtml|title= A dramatic protest by some Eagle Scouts Dismayed that the Boy Scouts bar gays as leaders, some members return their prized Eagle badges|work=Philadelphia Inquirer|date=July 18|year=2000|accessdate =2006-11-03}} ''mirrored on Scoutingforall'' In 2001, the National Council "revoked the charter of several Cub Scout packs in Oak Park, [[Illinois|Ill.]], because the sponsors, a parent-teacher group, adhered to a nondiscrimination policy." Also in 2001, nine local councils requested permission to sign certain nondiscrimination statements, but were denied by the National Council. Since then, at least one council in New Jersey has signed such an statement.{{cite web|url=http://www.bsa-discrimination.org/html/njcouncil.html|title=United Way to Continue Aid to Central Jersey Scouts (in-line citation)|work=NY Times|date=[[August 31]] [[2001]]accessdate =2006-11-03}} [[Image:Scouting For All.png|right|150px|thumb|Scouting for All Logo|[[Scouting for All]] logo]] A number of former Scouts and leaders have formed organizations that advocate the inclusion of gays and atheists. In 1991, William Boyce Mueller, a former Cub Scout and grandson of original Boy Scouts of America founder [[William D. Boyce|William Dickson Boyce]], founded a group of gay former Scouts called "The Forgotten Scouts". {{cite web |url=http://www.bsa-discrimination.org/html/boyce.html|title=Scout's Honor|work=Advocate Magazine|author=Jim Merrett|accessdate=2006-07-14}} [[Scouting for All]] was founded by veteran [[Scouter]] Dave Rice, Steven Cozza (a 12-year old [[Life Scout (Boy Scouts of America)|Life Scout]] who would go on to earn the rank of [[Eagle Scout (Boy Scouts of America)|Eagle Scout]] at the age of fourteen), and Steven's father, [[Scouter]] Scott Cozza to promote [[tolerance]] and [[diversity]] within the BSA. {{cite web|url=http://www.scoutingforall.orgbackground.shtml|work=Scouting for All|title=About Us|accessdate=2006-07-23}} The [[Coalitions for Inclusive Scouting]] is another such organization. {{cite web |url=http://www.inclusivescouting.org/|work=Coalition For Inclusive Scouting|title=Official Site|accessdate=2006-07-23}} 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]]''. In 2001, Spielberg resigned from the BSA's advisory board in protest, saying, "it has deeply saddened me to see the Boy Scouts of America actively and publicly participating in discrimination."{{cite web|url=http://www.hollywood.com/news/detail/id/386418|work= Hollywood.com|title=Spielberg resigns from Boy Scouts board |accessdate=2006-03-10}} The [[Unitarian Universalist Association]] has vocally opposed the BSA's membership exclusions. This dispute ultimately led to a controversial dissolution of any ties between the two organizations ([[#Unitarian Universalist religious emblems programs|see below]]). In 2001, the [[Union for Reform Judaism|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.{{cite web|url=http://www.urj.org/csa/boyscoutsmemo3/|work= Union for Reform Judaism|title=Memorandum: Boy Scouts of America|accessdate=2006-03-10}} Additionally, the General Synod of the United Church of Christ issued a statement urging the BSA to change policy and stating that, "Discrimination against anyone based on sexual orientation is contrary to our understanding of the teachings of Christ."{{cite web|url=http://www.bsa-discrimination.org/html/ucc-03-res.html|work= BSA Discrimination.org|title= UCC Condemns BSA's Policies |accessdate=2006-03-10}} ===Loss of funding and preferential land access=== Some private institutions have severed their ties to the BSA as a result of their membership policies. About 50 local [[United Way of America | United Ways]], including those in [[Miami, Florida|Miami]], [[Orlando, Florida|Orlando]], [[Philadelphia, Pennsylvania|Philadelphia]], [[San Francisco, California|San Francisco]], and [[Seattle, Washington|Seattle]], have withdrawn all funding.{{cite web|url=http://lambdalegal.org/cgi-bin/iowa/news/fact.html?record=1325|work= Lambda Legal|title=The Impact of the Boy Scouts of America’s Anti-Gay Discrimination|accessdate=2006-03-02}} The BSA has also lost all funding from several large corporations that used to be regular donors, such as [[Chase Manhattan Bank]], [[Levi Strauss]], [[Wells Fargo]], [[Fleet Bank]], and [[CVS/pharmacy]]. In another case, [[Pew Charitable Trusts]], which had consistently supported the BSA for over fifty years, decided to cancel a $100,000 donation and cease any future donations. A number of public entities (including the cities of [[Chicago, Illinois|Chicago]], [[San Diego, California|San Diego]], [[Tempe, Arizona|Tempe]], [[Buffalo Grove, Illinois|Buffalo Grove]], [[Berkeley, California|Berkeley]], and [[Santa Barbara, California|Santa Barbara]], as well as the states of [[California]], [[Illinois]], and [[Connecticut]]) have canceled major charitable donations (of money or preferential land access) that had historically been granted to the Scouts.{{cite web| url=http://www.scoutingforall.org/aaic/040501.shtml|work=Scouting for All|title=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 |accessdate=2006-03-02}}{{cite web |url=http://www.scoutingforall.org/aaic/021103.shtml |work=Scouting for All|title=The Connecticut Human Rights Organization Affirmed Its Earlier Decision to Exclude the Boy Scouts from the State Employee Fund-raising Campaign |accessdate=2006-03-10}} ===Expulsion for advocating a change in policy=== In 1998, the Boy Scouts of America removed Dave Rice, a co-founder of [[Scouting for All]], for "involving Scouting youth" in his effort to have a BSA policy changed. Rice, who is neither gay nor an atheist, insists he obeyed all rules and guidelines and that he never misused his leadership status or promoted any agenda during troop meetings. He also argues that Boy Scouts of America violated a number of their own rules by summarily dismissing him without granting him any chance to present evidence to a regional review board (as is required by the organization's own "Procedures for Maintaining Standards of Membership").{{cite web |url=http://www.scoutingforall.org/mediacenter/dave.shtml|work=Scouting for All|title=Dave Rice|accessdate=2006-03-10}}{{cite web|url=http://www.sfgate.com/cgi-bin/article.cgi?file=/examiner/archive/1998/09/13/METRO16130.dtl|title=Scouts Expel Longtime Leader|author=Carol Ness|work=San Francisco Gate|date=[[13 September]] [[1998]]}} ===Scouting and youth organizations with different policies=== There are Scouting organizations that have membership policies that are different from those of the Boy Scouts of America. Homosexuals are not restricted from membership or leadership positions in [[Scouts Canada]] or most European associations, for example [[The Scout Association]] of the [[United Kingdom]], [[Ring deutscher Pfadfinderverbände]] of [[Germany]], or the [[Svenska Scoutrådet|Swedish Guide and Scout Association]]; all are members of [[World Organization of the Scout Movement]], the same international Scouting organization that the Boy Scouts of America belongs to.Scout UK Equal Opportunity Policy for [http://www.scoutbase.org.uk/library/hqdocs/eqopps/eo-sbe-y.htm young people] and for [http://www.scoutbase.org.uk/library/hqdocs/eqopps/eo-sbe-a.htm adults].{{cite web|url=http://www.bsa-discrimination.org/html/wosm.html|title=World Scouting Movement|work=BSA Discrimination|accessdate=2006-07-14}} The [[Girl Scouts of the USA]] also does not exclude homosexuals and allows its members to substitute another word in place of "God" when reciting the Girl Scout Promise.{{cite web|url=http://www.girlscouts.org/program/gs_central/promise_law/|title=Girl Scout Promise and Law|work=Girl Scouts of the USA}} Other American [[youth organization]]s do not have policies that exclude homosexuals and atheists, such as [[Camp Fire USA]], [[SpiralScouts International]], [http://www.starscoutingamerica.org Star Scouting America], [[4-H]], and the BSA's Learning for Life program.{{cite web |url=http://www.bsa-discrimination.org/html/groups.html|title=Alternative Youth Groups|work=BSA Discrimination|accessdate=2006-07-14}} These youth organizations have less restrictive membership criteria than the BSA because they have determined it is not justified and/or because it is against the law in their country. In some cases, however, the organizations have directly criticized the BSA's membership policies. {{cite web |url=http://www.religioustolerance.org/bsa_9.htm|title=Organized Opposition to the BSA's policies|work=Religious Tolerance.org|accessdate=2006-10-21}} {{cite web |url=http://findarticles.com/p/articles/mi_m1589/is_n737/ai_20139066|title=Scouts' dishonor - discrimination of gays in the Boy Scouts of America|work=The Advocate|author=Steve Freiss|date=[[July 8]] [[1997]]|accessdate=2006-10-21}} Critics of the BSA membership policies frequently point to these organizations in attempt to disprove the BSA's claim that Scouting values, and the needs of youth organizations in general, require the exclusion of atheists and/or homosexuals.{{cite web |url=http://www.bsa-discrimination.org/html/wosm.html|title=World Scouting Movement|work=BSA Discrimination.org|accessdate=2006-10-21}} ==Support for the Boy Scouts of America== In reponse to the membership controversy and subsequent litigation, the have been a number of expressions of support for the BSA organization, program, or policies. Some of these expressions are discussed below: ===Support from within Scouting=== A number of people within the Boy Scouts of America have voiced strong and unequivocal support for the 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".{{cite web|url=http://www.scouting.org/media/press/2002/020206/resolution.html|work=Boy Scouts of America– National Council|title=Boy Scouts of America Resolution |accessdate=2006-03-10}} Also in 2002, a group of current and former members of the BSA created a group called Save Our Scouts in order "to support and defend the principles of the Scout Oath and Law".{{cite web|url=http://www.saveourscouts.com/about.html|title=About Save our Scouts|work=Save our Scouts|accessdate=2000-04-11}} Columnist Hans Zeiger, an Eagle Scout, has founded the Scout Honor Coalition, a [[grassroots]] organization dedicated to supporting the policies.{{cite web|url=http://www.hanszeiger.net/id11.html|work= HansZeiger.net|title=Scout Honor Coalition|accessdate=2006-03-10}} According to Zeiger, "Scouts' honor is under attack in American culture". Zeiger applauds what he sees as the BSA's courage in resisting political pressure to admit gays, 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".{{cite web|url=http://www.washingtontimes.com/culture/20050712-102159-7567r.htm|title=Defending the Scouts|work=The Washington Times|date=July 13|year=2005}accessdate=2006-11-03}} The [[American Heritage Girls]] is a Scouting organization that provides an alternative to the [[Girl Scouts of the USA]] (GSUSA). American Heritage Girls' policies on gays and atheists are similar to those held by the BSA though it is, unlike the BSA or GSUSA, an explicitly Christian organization. It was formed by parents who were unhappy that GSUSA accepted lesbians as troop leaders, allowed girls to substitute another word more applicable to their belief for "God" in the promise, and allegedly banned prayer at meetings. ===Support from government=== [[Image:Bush BSA Jamboree.jpg|right|200px|thumb|Bush Address BSA Jamboree|President Bush addresses the [[2005 National Scout Jamboree]] at Fort A.P. Hill in Virginia.]] The [[United States House of Representatives|U.S. House of Representatives]] and the [[United States Senate|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".{{cite web|url=http://thomas.loc.gov/home/gpoxmlc108/hr853_ih.xml|thomas.loc.gov |work=Library of Congress |title=House Resolution 853: Recognizing the Boy Scouts of America for the public service the organization performs for neighborhoods and communities across the United States|accessdate=2006-03-10}} Then, in February 2005, the House passed a resolution by a vote of 418 to 7, stating that "the [[United States Department of Defense|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 Jamboree|world Scout jamboree]]s."{{cite web|url=http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.con.res.00006:|work=Library of Congress|title=House Concurrent Resolution 6|accessdate=2006-04-13}} The U.S. [[United States Congress|Congress]] has twice passed bills directly affecting 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 (Boy Scouts of America)|national Scout jamboree]]. Sen [[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." {{cite web|url=http://alexander.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=100&Month=3&Year=2005|title=Alexander, Frist Announce “SUPPORT OUR SCOUTS ACT OF 2005”|accessdate=2006-07-14}} In August 2005, [[President of the United States|President]] [[George W. Bush]] addressed the National Scout Jamboree, and although he did not directly discuss the controversies, he 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." {{cite web|url=http://www.cnsnews.com/ViewNation.asp?Page=%5CNation%5Carchive%5C200107%5CNAT20010731b.html|work= CNSNews.com|title=Bush Calls Scout Values 'America's Values' |accessdate=2006-03-10}} On [[October 4]] [[2006]], The House passed the Public Expression of Religion Act of 2006 (PERA, HR 2679). If the bill becomes law, it will limit the courts awarding attorneys fees in cases involving the [[Establishment Clause of the First Amendment|establishment clause]]. The bill singles out cases involving government support of the Boy Scouts of America as one type of case covered under the bill.{{cite web|url=http://thomas.loc.gov/cgi-bin/query/D?c109:3:./temp/~c109ce83n2::|title=Full text of Public Expression of Religion Act of 2006|accessdate=2006-10-10}} ===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 their support.{{cite web|url=http://www.bsalegal.org/whatothe-123.htm|work= BSA Legal Issues|title=What Others Are Saying |accessdate=2006-03-10}} In addition, a conservative civil libertarian group, the American Civil Rights Union, has set up the [http://www.defendscouting.com/sldf/ Scouting Legal Defense Fund], and has routinely helped with lawsuits.{{cite web|url=http://www.defendscouting.com/sldf/|work= Scouting Legal Defense Fund|title=ACRU supports Scouting|accessdate=006-02-01}} 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."{{cite web|url=http://www.bsalegal.org/downloads/bsa_pdfs/BWPDFS/Amicus_ACLU.pdf|title=Amicus Curie brief in Barnes-Wallace v. BSA|work=American Civil Rights Union|format={{PDFlink|748KB}}|accessdate=2006-07-11}} One online petition, which has received over 375,000 electronic signatures, shows support for the Scouts from those who are "deeply troubled by the recent attacks which have come against the Boy Scouts simply because the Scouts have taken a stand for faith and moral values." The petition further asserts that, "As a private organization, the Boy Scouts has every right to set standards for leadership and morality."{{cite web|url=http://grassfire.net/scouts.asp|title=Help the Boy Scouts|work=Grassfire.net|accessdate=2006-07-08}} A number of religious organizations, particularly those in the United States, regard homosexuality as immoral (see [[Religion and sexual orientation]]). In general, these religious groups and their members have been strong supporters of BSA's policies. Religious institutions are the chartered organizations (sponsors) of over 60% of the appoximately 123,000 Scouting units in the United States.{{cite web | last = | first = | authorlink = | coauthors = | year = 2000 | url = http://www.lambdalegal.org/sections/sections/dalepresskit/nccs.pdf | title = Brief of Amici Curiae, Boy Scouts of America v. James Dale | format = {{PDFlink|2.4MB}} | work = | publisher = | accessdate=2006-03-15}}{{cite web | last = | first = | authorlink = | coauthors = | year = 2006 | url = http://www.scouting.org/factsheets/pdf/02-501.pdf | title = BSA at a Glance: 2004 | format = {{PDFlink|80KB}} | work = | publisher =Boy Scouts of America | accessdate=2006-07-15}} [[The Church of Jesus Christ of Latter-day Saints]], a longtime supporter of the Boy Scouts of America, teaches that homosexual activity is immoral and sinful.{{cite web | last = Hinckley | first = Gordon | authorlink = | coauthors = | year = 2006 | url = http://www.mormon.org/question/faq/category/answer/0,9777,1601-1-60-1,00.html | title = "What is the Church's attitude toward homosexuality?" | work = | publisher = The Church of Jesus Christ of Latter-day Saints | accessdate=2006-11-02}} The Church has threatened to withdraw from the Scouting program if it was ever compelled to accept openly homosexual Scout leaders.{{cite web|url=http://www.mormonstoday.com/000430/N1GayScouts02.shtml|work= Mormon News|title= What Happens If Scouts Must Admit Gays? |accessdate=2006-03-10}} Youth in Church-sponsored units make up about 13% of BSA's youth members and the Church is the largest single sponsor of Scouting units with over 30,000 units nationwide.{{cite web |url=http://www.bsa-discrimination.org/html/newsweek.html|publisher= | BSA Discrimination.org | title=Scouts Divided|author=David France|work=Newsweek|date=6 August|year=2001|accessdate=2006-11-04}} ==Related issues== ===Membership size=== BSA records show that the number of Cub Scouts and Boy Scouts has dropped in recent years.{{cite web|url=http://www.scoutingforall.org/articles/2005032401.shtml|Scouting for All|title=Boy Scouts of America Membership Declines |accessdate=2006-03-10}}{{cite web| url=http://www.bsa-discrimination.org/html/bsa-membership.html|work= BSA Discrimination.org|title=BSA Lose Parents|accessdate=2006-03-02}} It is unclear why membership has dropped and whether the membership policy controversy has had an effect on membership levels. [[Scouts Canada]], which has less restrictive membership policies, has also experienced [[Scouts Canada#Issues|a substantial membership decline]].{{cite web|url=http://scouteh.ca/resources/ScoutEh-membership.php|title=Stemming Membership Decline|work=Scout eh!|accessdate=2006-07-15}} During the same time period, membership increased in other youth organizations, such as the Girl Scouts of the USA and the BSA's Learning for Life program.{{cite web|url=http://www.bsa-discrimination.org/html/globe-010808.html|work= BSA Discrimination.org|title=Saying No to bias in BSA, or not?|accessdate=2006-03-10}} Both the US Census Bureau and the US Department of Education recorded an increase in total available youth during this time frame. Some local councils have reported membership size numbers in excess of their actual number of members. The practice, presumably done to obtain more [[Grant (money)|grant money]] and so that paid professional Scouters can retain their positions, may have been going on for years but only recently has it been reported by the media.{{cite web|url=http://www.washingtonpost.com/wp-dyn/articles/A45573-2005Jan28.html|work=Washington Post|title=Boy Scouts Suspected of Inflating Rolls|accessdate=2006-03-02}} {{cite web|url=http://www.11alive.com/news/printarticle.aspx?storyid=64159|work= WXIA 11Alive.com|title=Whistleblower Faults Scouts' Audit|accessdate=2006-03-02}} {{cite web|url=http://www.msnbc.msn.com/id/8109268/|work= MSNBC|title=Number of black Atlanta Boy Scouts in dispute|accessdate=2006-03-02}} To help ensure that membership numbers are reported correctly, BSA adopted new membership validation procedures for use beginning in 2006.{{cite web|url=http://www.scouting.org/commissioners/newsletter/1-06.pdf|work=The Commissioner|title=New Membership Validation Process|accessdate=2006-07-09}} ===Unitarian Universalist religious emblems programs=== :''Main article: [[Religious Emblems Programs#Unitarian Universalist Association|Unitarian Universalist religious emblems programs]]'' The Boy Scouts of America's stance on homosexuality and atheism has brought them into conflict with the [[Unitarian Universalist Association]] (UUA) — a "theologically liberal" religion that lists "affirming the inherent worth and dignity of every person" as one of its central tenets.{{cite web|url=http://www.uua.org/aboutuua/principles.html|title=Unitarian Universalist Association Principles and Purposes|work=Unitarian Univeralist Association|accessdate=2006-07-14}} The Boy Scouts of America recognizes and encourages various [[Religious Emblems Programs|religious emblems programs]], in which Cub and Boy Scouts can work with their religious leaders to earn an emblem for their individual faiths. In 1998, the BSA removed recognition of the UUA programs for Cub and Boy Scouts, feeling the UUA program "contains several statements which are inconsistent with Scouting’s values".{{cite web|url=http://www.uua.org/news/scouts/scouts_to_uua.html|work=UUA News and Events|title=Letter from the Boy Scouts of America to the Unitarian Universalist Association|accessdate=2006-04-15}} Most of the statements involved the UUA's disapproval of BSA's membership policies on gays and atheists. ==See also== {{portal|Scouting|Scoutsgreengoldnoscroll.png}} *[[Welsh v. Boy Scouts of America]] {{-}} ==References==
==External links== ;Sites supportive of the Boy Scouts of America's policies * [http://www.bsalegal.org/ Boy Scouts of America's official legal site] * [http://www.eaglescoutrally.org/ Eagle Scout Rally for Tradition Foundation] * [http://www.defendscouting.com/sldf/ Scouting Legal Defense Fund] * [http://www.saveourscouts.com Save Our Scouts] ;Sites critical of the Boy Scouts of America's policies * [http://www.inclusivescouting.net/ Inclusive Scouting] * [http://www.scoutingforall.org/ Scouting for All] * [http://www.bsa-discrimination.org/ Discrimination in the Boy Scouts of America] * [http://www.religioustolerance.org/bsa.htm Ontario Consultants on Religious Tolerance's Webpage on the BSA] {{Featured article}} [[Category:Atheism]] [[Category:Contentious issues about the Boy Scouts of America|*]] [[Category:Controversies]] [[Category:Sexual orientation and society]]