Posted on 03/03/2005 5:40:53 PM PST by kingattax
SALEM, Ore. (AP) — The state Court of Appeals ruled Wednesday there is "substantial evidence" that the Portland School District illegally discriminated against an atheist student by allowing in-school recruiting by the Boy Scouts.
The 6-3 decision is the latest development in a long-running battle by an atheist mother to prevent the Boy Scouts from recruiting in Portland schools because the organization requires a belief in God.
The new ruling sends the case back to the state school superintendent for conciliation efforts to resolve the dispute. The district, meanwhile, is considering adopting a policy that could ban Scouts from recruiting during school hours.
The controversy began in 1996, when Nancy Powell, an atheist, objected to Boy Scout recruiting visits to an elementary school attended by her son, Remington, who is now in high school.
Nancy Powell sued the school district in 1998, claiming that because the Scout oath and principles require a belief in God, the recruiting violated the Oregon Constitution's ban on government involvement with religion.
The appeals court in 2002 ruled in the school district's favor, saying the recruiting did not amount to an "unconstitutionally excessive entanglement of government with religion."
The state Supreme Court let the lower court decision stand by refusing to review it.
The Court of Appeals' decision Wednesday came in a separate lawsuit brought by Powell under a state statute forbidding public schools from discriminating based on religion.
Former State School Superintendent Stan Bunn concluded that there was no solid evidence of discrimination, but the appeals court disagreed in a ruling upholding Multnomah County Circuit Judge Ellen Rosenblum.
"There is substantial evidence that, by giving the Scouts the access that it does, the district treats those students who are eligible to join the Scouts differently from those who are not," the appeals court said.
The court said while all students have been required to listen to an introductory presentation, "only the students who meet a religious test may accept the invitation to join."
That amounts to substantial evidence, the court said, that the district "subjects persons to differentiated treatment in a school activity on the ground of religion."
Can you explain what this means?
"I no longer recognize America"
Neither do I.
SLOGAN:
Do a good turn daily.
MOTTO:
Be prepared
BOY SCOUT OATH:
On my honor I will do my best to do my duty to God and my country and to obey the scout law; to help other people at all times; to keep myself physically strong; mentally awake; and morally straight.
SCOUT LAW:
A Scout is TRUSTWORTHY.
A Scout is LOYAL.
A Scout is HELPFUL.
A Scout is FRIENDLY.
A Scout is COURTEOUS.
A Scout is KIND.
A Scout is OBEDIENT.
A Scout is CHEERFUL.
A Scout is THRIFTY.
A Scout is BRAVE.
A Scout is CLEAN.
A Scout is REVERENT.
Source: Fieldbook for Boy Scouts, Explorers, Scouters, Educators, Outdoorsmen 1970 ed.
What I mean by that is that the court, by enforcing the establishment clause, simultaneously allows the free exercise clause to be violated. It justifies this schizophrenia based on the fact that so-called public schools receive large amounts of federal money (but perhaps the amount isn't the issue.)
Therefore, because the 1st Amendment forbids Congress from passing any laws that violate EITHER the establishment clause or the free exercise clause, then the laws that fund the public schools out of the federal treasury are the Congress-passed laws that violate the Constitution.
Those laws are what need to be declared null and void, not the acts of the Boy Scouts and little girls who take their Bibles to school.
Nancy: Well, it started when my oldest child began school. He was a first-grader, six years old, and he brought home a flyer from the school that said, "Come join Boy Scouts, it's good fun!" And being an active atheist, I knew from the get-go that the Boy Scouts would not allow my child to join.
I went to the principal and I said, "I find these materials offensive, and I don't want my son to receive them any more." He agreed they wouldn't, and within a matter of about two weeks, I came to pick my son up from school one day, and he's wearing a non-removable wrist bracelet (like you might get at an amusement park; you can remove it by cutting it, but it's not removable by a 6-year-old), and he's just bouncing up and down and he says, "I'm going to be a Boy Scout," and "I'm going to get to earn badges," and "The (school officials) said it was a good thing," and "Mommy! Can I join? Can I join?"
So now, here I am explaining to my son, who is now sobbing and tears are running down his face, that no, Son, you cannot join, and it doesn't matter what the school official said because the Boy Scouts will not accept our kind. And that's a really terrible thing to have to explain; it was a life lesson I had hoped he would be much older before he would learn.
More...
http://tinyurl.com/44aan
anyone who thinks there isn't a leftist agenda to destroy a God-centered america is incapable of perceiving reality. the liberal judiciary is their weapon to accomplish this.
Oh my God. What twisted logic.
As a middle-aged male, I was recently offended by being asked by a 10 yr old girl if I wanted to buy some overpriced cookies with the proceeds going to an organization which I am not welcome to be a member of.
I bought 1 Peanut Butter and 1 thin mint.
And hid them.
I have a bit of a supply of survival type stuff, and my Fieldbook stays right there with it. 564 pages of ideas and methods that could get you through WWIII if it happens.
Some of my greatest and most cherished childhood memories are scouting.
Following that one has saved my life on a couple of occasions, and other lives on occasion. I learned it in the Scouts.
I understand these judgements were awarded by juries, but these cases should never have gotten into court. First an attorney has to determine whether the case has merit and is worth persuing, then a judge has to convene a hearing and determine the cases' severity/frivolity. Why do they even get to court let alone win a judgement?
In the Boy Scout case, it's clear and obvious to me that the little wuss would never have joined the Scouts anyways. Why does the anti-religious mother have to ruin things for those who would like some faith and structure instilled into their sons' lives? She is showing intolerence and bigotry towards the Scouts and religion. She can show no damages suffered by herself or her son, and therefore this case should go no further. Much like the SCOTUS said to Michael Newdow about the Inauguration, "if you don't like it, don't go. Then you won't be harmed by the religiousity of the occasion." This woman is engaging in 'hate speech' and should not be bothered with.
Mine too!
"you"ll never have friends like you had when you were 12"
I wonder what this boy will think, when he's old enough to think for himself, about his mothers' choices?
If he finds God, he may resent his mother for denying him the chance to experience all religious beliefs, and make his own decision.
Regardless, the boy is missing a great experience by not experiencing the fun of Scouting.
I've been a Scout leader for 12 years. I was reluctant to join (I wasn't a Scout as a youth) but it is a decision I do not regret.
It's been my experience that sometimes the Boy Scouts is just what kids like this need.
BTW, no mention of dad. I wonder where he is in all of this.
I remember we had the soap box derby. They basically gave you a small block of wood, and you had to make it into a car and race it on a ramp.
All the other guys made cars. I decided to make mine as a covered wagon type thing, with wheels, and little plastic horses on the front.
I got third out of about ten guys, but got the most creative and best design awards!
My parents were so proud. Brings tears to my eyes.
Mom, dad, I love ya and miss ya!
'...where is dad...?' Having experienced mom, I can guess...
(Dear Lord, please be with my family in Iraq. Keep them close to You and safely in Your arms.)
I offer my prayers for your family as well. May they be returned home unharmed and welcomed as the heroes they are.
Translation:
"I want my son to get whatever he wants whenever he wants it. It's how I was raised."
They still race the Pinewood Derby cars today! And the Raingutter Regatta (little wooden sailboats)
In Boy Scouts I'm an advisor. I help guide the young men, but they make the decisions. I just supervise and offer suggestions on how to accomplsh their objectives.
I'm also am a merit badge counselor.
These damn people better get a clue, I'll say no more.
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