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."
2nd Translation:
"I hate God."
When the troops come home, the nation will be changed for the better. We will have thousands and thousands of heroes in our midst! ;^)
Exactly!
And she is going to try to get everyone's child to pay by not allowing the Boy Scouts to anyone!
"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!"
Brings tears to my eyes too. Bad on you for making me cry!
They "require" the students to listen to a pitch? I'd vote that down too and I love scouts.
As a republic, we are supposed to be protected from a tyranny of the majority. And a tyranny of the minority.
Too bad the founders didn't put something in there to protect us from a tyranny of sniveling whiners.
I wonder if something serious happend to this kids mom, if he would sit by her bedside and pray?
Bet he would!
Further inspection of the "Rights of the Child" treatise the SCOTUS quoted the other day, (when they ruled it unconstitutional to execute minors under 18) a child has a "right of association" meaning he/she can associate with anyone he/she wants to even against the parents wishes. The child has the right to sue his/her parents for making them go to church. Forced religious indoctrination is against their 'rights'. No damn wonder kids are committing murder these days. Perhaps if we'd signed this treatise, little Remington could have sued his mother for his ineligibility in joining the Scouts.
This is beyond ridiculous. I'm completely baffled as to why this woman and her son were discriminated against. Anyone who knows anything about Scouting knows that for the boys and their families all interaction is local. I was a den leader for many years and my husband was Cub Master for part of that time. Not once did we ever turn a boy away because of his religious (or lack of) affiliation. We felt that those boys were often the ones who would benefit the most from the values taught in Scouting.
Granted, to advance in rank there was always a requirement about discussing your beliefs, attending a church service, etc. I always told the parents when we were going to be discussing this requirement...they were always welcome to be there. My parents knew I would be sharing my family's beliefs with the boys as I thought it might provide an opening for them to discuss it at home. When there was a requirement to attend church, my family and others would take those boys who didn't go to church. Since a den is a fairly tight group, we all got to know each other pretty well and were comfortable with each other, and not once did I ever have a nonreligious parent complain.
Besides, no boy ever joins Scouts for the religion or values. They join to do stuff with their friends and have fun. The moral values are important and boys definitely benefit from having them be an integral part of Scouting, but ask any boy (or man who was a Scout) what they remember, its probably going to be a favorite campout, Scoutcapades, marksmanship or some other adventure.
Cindie
Did this woman think the leaders were going to interrogate her precious little son as to his beliefs about God and MAKE SURE he complied? How ridiculous!
The Gay-Straight Alliance can recruit.... Planned Parenthood can recruit.... but not the Boy Scouts.
The GIRL Scouts have already given in to the leftists
INTREP - SCOUTING vs pagans
Boy do I despise these militant atheists. They are some of the rot that infects this nation. Most atheists want nothing to do with them and keep their non-belief private. You cannot pass on moral codes down through generations without religion. Ethical, humanistic atheism cannot be transmitted far down the line, not more than one generation.
youre 100% correct....they are a serious fungus on society
You are absolutely correct. However, I don't know how the libs will take to the streets. We are the ones with the guns. Besides, in spite of what we see in the press, there aren't that many of them and I think that is why they are pressing so hard. They know tomorrow will have fewer liberals and even fewer the day after. President Bush's leadership has helped many like us and we are fighting back, and winning. The courts and universities are the libs last stand and they are under attack. Things are getting better, keep up the pressure.
Belief in God and being reverent is NOT establishment of religion.
I will never forget what happened during Gore's nominating convention. He brought in some Eagle Scouts for a flag ceremony, and some of the DemocRAT delegates spit on them. They really value diversity.
Makes me want to take them on a snipe hunt in the mountains, late at night. Lots of steep cliffs.
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