MI Court of Appeals rules for Boy Scouts & against atheist

Michigan Court of Appeals ^ | 01/22/05 | Principled Objector

[PrincipledObjection]

An atheist (reminds me of Newdow) who was not allowed to be a Cub Scout den leader after he refused to take the Boy Scout Oath, which has a religious element. He then sued the Mt. Pleasant Schools to bar the BSA from meeting in its facilities.

The Michigan Court of Appeals has affirmed the trial court's judgment for Mt. Pleasant Schools and the Boy Scouts, holding that:

• Mere use of public facilities by Cub Scout groups is not a violation of the establishment and equal protection clauses of the Michigan Constitution. The rules as such in large part because Mt. Pleasant schools offer their facilities to a large number of diverse organizations, both secular and religious.
• The schools' policy of waiving facilities fees for Boy Scouts, while not for some other groups, was constitutional because the policy's structure "allocated resources reasonably, impartially, and thus secularly" (PDF page 7 of opinion); and,
• And a key issue in the continuing battle for a respected place for religion in the public square: "had Mt. Pleasant not evenhandedly allocated facilities between secular and organizations with some religious precepts ... [then it] would demonstrate not neutrality but hostility toward religion" (PDF page 8 opinion).
• BSA could legally visit during school hours to share information about Boy Scouts because the policy did not have the primary effect of advancing religion.

(case citation: Scalise v. Boy Scouts of America (Docket 24483))

(Also of interest: anti-Boy Scouts and Boy Scouts' legal web sites)

[Publius6961]

Wow. Common sense. Who'da thunk?

Summary judgement against the neurotic is the reasonable next step.

[laweeks]

Why don't the atheists and homosexuals start their OWN boy scout-type organization? I think it'd be neat. "Please trust us with your young boys as we take them camping. We're homosexuals and atheists. And we'll be glad to also spend time each week in a basement somewhere with your young sons."

[churchillbuff]

Why don't the atheists and homosexuals start their OWN boy scout-type organization? I think it'd be neat. "Please trust us with your young boys as we take them camping. We're homosexuals and atheists. And we'll be glad to also spend time each week in a basement somewhere with your young sons." """"

LOL Bump