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ACLU vs Boy Scout Case Heads To Court Of Appeals
Pipeline News ^ | 5-Mar-06 | John Stephenson

Posted on 04/05/2006 1:40:13 PM PDT by Jay777

In 2005, a federal district court in Chicago sided with the ACLU and ruled that the military’s support for the National Scout Jamboree - held once every four years at Fort A.P. Hill in Fredericksburg, Virginia - unconstitutional. The case is Winkler v. Rumsfeld, No. 05-3451 (7th Cir.).

The ACLU’s claim is that the Scout Oath’s “duty to God” makes the Boy Scouts a religious organization, like a church, and that military support for the Jamboree violates the Establishment Clause of the First Amendment.

If the ruling stands, the military may not lend equipment or provide logistical support to the Jamboree, as it does for many other civic organizations. The Department of Defense appealed this decision to the United States Court of Appeals for the Seventh Circuit in Chicago. Oral arguments are now scheduled for Thursday, April 6 at 9:30 a.m. CST.

Meanwhile the ACLU have no problem with a Muslim Youth Camp being built on government leased property.

(Excerpt) Read more at stoptheaclu.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Virginia
KEYWORDS: aclu; boyscouts; bsa; culturewars; dod; establishmentclause; fortaphill; homosexualagenda; jamboree; lawsuit; stoptheaclu; winklervrumsfeld
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Sign The Petition To Stop Taxpayer Funding Of The ACLU
1 posted on 04/05/2006 1:40:16 PM PDT by Jay777
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To: RepCath; Liz; IronJack; Grampa Dave; MeekOneGOP; Iris7; wkdaysoff; EdReform; Nick Danger; ...
Ping!
2 posted on 04/05/2006 1:45:34 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: Jay777
"Do ya feel lucky, punk?"

"Well, do ya?"

3 posted on 04/05/2006 1:45:43 PM PDT by FormerLib ("...the past ten years in Kosovo will be replayed here in what some call Aztlan.")
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To: Jay777
Image hosting by Photobucket

4 posted on 04/05/2006 2:00:21 PM PDT by ATOMIC_PUNK ("Great spirits have often encountered violent opposition from weak minds." -- Albert Einstein)
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To: Jay777
Supporting an organization that in turn encourages religious membership (but provides no money or other support to the religious organizations) is not an establishment of religion. Hopefully our new Supreme Court understands this.

Also, the DoD gets much value received because of the training opportunity that the National Jamboree provides to the troops used to support it.

5 posted on 04/05/2006 2:07:55 PM PDT by RonF
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To: Jay777
If the ruling stands, the military may not lend equipment or provide logistical support to the Jamboree, as it does for many other civic organizations.

What ever happened to the other part of that First Amendment clause, "or prohibiting the free exercise thereof?" I would argue that denying any religious organization the same rights as non-religious organizations was a clear violation of their free exercise rights. Secular should NOT mean anti-religious but rather without consideration of religion and that means in ALL respects. I'd say to be considered a secular standard and therefore consistent with the establishment clause, any consideration of religious purpose pro or con would be out of bounds. Hence the Boy Scouts of America, even if we arguendo stipulate that they are a "religious" organization, should have equal standing with any other civic organization. It gives perfect balance to those two opposing clauses of the First Amendment.

Further, to stick a "living" Constitution up their craw, I would argue that Atheism is now a defacto religion, representing an extreme end of the spectrum of belief concerning God (their position that there is none) and that the overzealous enforcement of a "no religions allowed" policy, forgetting about the "free exercise" clause, accomplished exactly what the founders feared when they crafted the First Amendment, the establishment of a national religion, which turns out to be Atheism. It is time to recognize that cumulative error and set aside stare decis because the unintended consequences have overtaken any firm basis of earlier rulings. This would be a good one to reach SCOTUS.

6 posted on 04/05/2006 2:08:44 PM PDT by NonValueAdded ("If I were a Cuban, I'd certainly be on a raft," Isane Aparicio Busto)
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To: Jay777
Congress has already passed a statute to protect the status of the Boy Scouts of America, who are one of the few nationally-chartered organizations in existence. Therefore, the dumb and unconstitutional decision of the trial judge in this case is squarely opposed to the law passed by Congress.

I have proposed the Omnibus Federal Courts Jurisdiction Act of 2007 as my first official act when I am elected to Congress. For the same reason that parents take matches away from five-year-olds, Congress should strip the jurisdiction from federal courts to make such stupid decisions.

P.S. I have an early primary for Congress in the 11th District of North Carolina, 2 May, less than a month away. Please visit my website in the tagline, and help however you can.

Congressman Billybob

Latest article: "Open Letter to Chancellor Bardo about the 1st Amendment"

7 posted on 04/05/2006 2:16:24 PM PDT by Congressman Billybob (www.ArmorforCongress.com)
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To: NonValueAdded

"I would argue that Atheism is now a defacto religion"

I'm not a lawyer...but as far as I can tell, The US Seventh Circuit
Court of Appeals has already ruled thusly.

See
http://www.atheists.org/flash.line/court36.htm

and just try Google with this string (all words):
"federal" "court" "prison" "atheism" "group"


8 posted on 04/05/2006 2:17:26 PM PDT by VOA
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To: ATOMIC_PUNK

Nice graphic!


9 posted on 04/05/2006 2:19:03 PM PDT by airborne (Satan's greatest trick was convincing people he doesn't exist.)
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To: NonValueAdded
Yes, that is all true, and notice what the ACLU sez:

The ACLU’s claim is that the Scout Oath’s “duty to God” makes the Boy Scouts a religious organization, like a church...

Now, does that fact that the US Armed Forces supports, in any manner, an Organization with "Religious" standards directly mean that "Congress...[is making a]...Law respecting an establishment of religion,..."???

Or is the ACLU just over-stretching the wording & definition of the Constitutional 1st Amendment?

10 posted on 04/05/2006 2:50:57 PM PDT by ExcursionGuy84 ("Jesus, Your Love takes my breath away.")
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To: jude24

ping


11 posted on 04/05/2006 2:59:41 PM PDT by Jacquerie (Democrats soil institutions)
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To: ExcursionGuy84

I wonder if the what the ACLU does in court with laying one's hand on the Bible and swearing to tell the truth? Anyone know what their stand on that is?


12 posted on 04/05/2006 3:18:24 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Jay777

ACLU members are on their way to the hottest cauldrons in hell for attacking people who seek fellowship with God and civil service to mankind.


13 posted on 04/05/2006 3:26:01 PM PDT by Emmet Fitzhume ("It is better to be alone than in bad company.")
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To: Jay777

14 posted on 04/05/2006 3:28:52 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: airborne; Emmet Fitzhume

Thanks and Amen


15 posted on 04/05/2006 3:42:44 PM PDT by ATOMIC_PUNK ("Great spirits have often encountered violent opposition from weak minds." -- Albert Einstein)
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To: Jay777
The ACLU strongly defends the NAMBLA organized pedophile organization. The ACLU also seeks the destroy the Boy Scouts because they won't allow pedophiles free and unrestricted access to all that fresh meat. What about the civil rights of the victims of NAMBLA?


16 posted on 04/05/2006 3:49:03 PM PDT by FormerACLUmember (No program, no ideas, no clue: The democrats!)
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To: RonF; AppauledAtAppeasementConservat; Da Jerdge; Looking for Diogenes; Congressman Billybob; ...

17 posted on 04/05/2006 4:05:27 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
The ACLU’s claim is that the Scout Oath’s “duty to God” makes the Boy Scouts a religious organization, like a church, and that military support for the Jamboree violates the Establishment Clause of the First Amendment.

Hmmmm, let's look at the 1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

As this is a military sponsorship, I fail to see where Congress is doing anything remotely like establishing a religion. No taxes are levied and given to the 'State Church', the Boy Scouts are a private group, just like any other civic group, (except a heck of a lot better).

18 posted on 04/05/2006 4:51:43 PM PDT by Hodar (With Rights, come Responsibilities. Don't assume one, without assuming the other.)
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To: Jay777

Gotta love the ACLU!

They have time for this sort of liberal, anti-American (is that redundant?) rubbish, yet neither the Connecticut chapter of the ACLU (CCLU) or the national organization even bothered to take a position on the Kelo eminent domain decision, a violation of civil rights that could not be more tailor made for the ACLU and its written (but not enforced) charter.

If you needed any more reason to believe that the ACLU is nothing more than a house organ for the liberals, then simply go to their websites and look at the topics of interest and the "action alerts."

The ACLU is using taxpayer money to destroy the United States from within.


19 posted on 04/05/2006 8:37:22 PM PDT by SpinyNorman (The ACLU empowers terrorists and criminals, weakens America, and degrades our society.)
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To: Jay777
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The ACLU is quick to use the establishment clause while forgetting that Congress is also prohibited from passing laws that interfere with the free exercise of religion. That includes government officials who force people to remove the Easter bunny and some fake grass from an employees desk for fear of offending a non-Christian.

The scouts provide an ideal training ground where skills valuable to the military and the individuals are taught. Any assistance provided to the scouts by the military carries a potential benefit to the military. The scout activities also provide a practical training ground for active duty military personnel for logistical support activities. It would cost much more to "simulate" that kind of exercise with paid volunteers vs actual participants at a scout jamboree.

The ACLU is on the wrong side of the argument as usual. Their only interest is lining their pockets with legal fees drawn from the taxpayer.

20 posted on 04/05/2006 9:48:37 PM PDT by Myrddin
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