Why the BSA Must Reconsider the Adult Leader Standards

Boy Scouts of America - National Office ^ | 7/08/2015 | BSA Natioanl Executive Committee

[MacNaughton]

WHY THE BSA MUST RECONSIDER THE ADULT LEADER STANDARDS

The existing BSA national policy that prohibits gay adults from serving as leaders is no longer legally defensible. However, the BSA’s commitment to duty to God and the right of religious chartered organizations to select their leaders is unwavering. Those two principles can coexist with a new policy that will pass legal scrutiny and protect religious freedoms.

Evolution of the Law

After many years of litigation, the Supreme Court of the United States in 2000 upheld the BSA’s right to exclude homosexual leaders in Boy Scouts of America v. Dale, 530 U.S. 640 (2000). In a close decision, the Court found that the BSA’s First Amendment constitutional right of expression outweighed the state of New Jersey’s interest in prohibiting discrimination in public accommodations based upon sexual orientation. The case involved a volunteer who was denied the ability to serve as a leader because he was a homosexual.

Only three years after deciding Dale, the U.S. Supreme Court reversed its own 1986 decision and declared that state anti-sodomy laws were unconstitutional. In the years that followed, public accommodation and employment laws prohibiting discrimination on the basis of sexual orientation proliferated. As of the end of 2014, almost half the states and over 140 local governments had enacted laws prohibiting discrimination on the basis of sexual orientation. Those laws and court decisions expanding gay rights indicated a change in the level of state interest in prohibiting discrimination and in the balance of how that interest would be measured against private organizations in the exercise of First Amendment rights.

Over the last three years there has been a sea change in the law with respect to gay rights. Executive orders now prohibit federal agencies, contractors, and subcontractors from discriminating on the basis of sexual orientation or gender identity. State laws prohibit judges from joining organizations that engage in invidious discrimination on the basis of sexual orientation. Same-sex marriage is now protected by the federal constitution, and benefits for same-sex couples have become the norm. Several conservative states have retreated from religious freedom legislation – most recently Indiana and Arkansas – due to the business community wanting to avoid appearing anti-gay.

On June 26, 2015, the Supreme Court concluded that same-sex couples have a right to marry protected by the Fourteenth Amendment to the U.S. Constitution. That decision will serve to accelerate local, state, and federal anti-discrimination laws protecting homosexuals. More importantly, the decision will further raise the level of legal protection based upon sexual orientation as well as the level of scrutiny of employers and places of public accommodation whose policies discriminate against homosexuals.

The Threat of Litigation in Multiple Jurisdictions

The BSA no longer has a policy stating that homosexuality is immoral and unclean, which was the basis for the BSA prevailing in Dale. Rather, the BSA’s policy is that it does not have a position on the issue, it does not proactively inquire about sexual orientation, and sexuality is not an appropriate matter for discussion in the Scouting program. In 2013, the organization changed its youth membership standard to allow gay youth to be members.

Many Scout councils openly oppose the current adult standard preventing homosexuals from serving as adult leaders. Some units and councils quietly acknowledge that they have gay adult leaders notwithstanding the national standard.

The Supreme Court’s opinion recognizing the constitutional protection of same-sex marriage will likely be interpreted by many courts as formally announcing that the balance that led to the BSA prevailing in Dale has conclusively changed. It would be a losing effort for the BSA to continue protecting its policy.

Anticipating the Supreme Court’s decision, activists, state officials and agencies, and litigants announced challenges to the BSA’s adult standard. The first event foreshadowing the approaching legal battle occurred when the Greater New York Councils publicly announced in March of this year that it had hired and registered the first openly gay Eagle Scout for a summer camp staff position in open defiance of the National Council’s membership standard. It is also clear that the employee in question is prepared to take his case to court, and national gay rights advocates are representing him pro bono.

Soon after the announcement by the Greater New York Councils, the New York Attorney General initiated an investigation of the BSA’s employment policies. New York is historically a leader in challenging national organizations that discriminate and the courts of New York are renowned for their defense of state anti-discrimination laws and policies. Attorneys general in other states are also believed to be eyeing the New York investigation, and their national association over the last several years has become a model of interstate collaboration in litigating against target defendants in areas of common interest.

Not long after the New York Attorney General’s announcement, a lesbian who was denied employment with the Denver Area Council in 2014 filed an action with the Colorado state agency charged with enforcing its anti-discrimination laws. The woman is represented by attorneys noted for their work on behalf of the LGBT community.

An Ohio volunteer’s BSA registration was revoked in March of this year after he announced to the media that he was a gay Scout leader and that the BSA was taking no action against him. He has publicly stated that he intends to contest his removal. Camp staffers in California and Oklahoma have also complained to the media that they were denied employment because of their sexual orientation.

In addition to facing litigation in multiple jurisdictions, the BSA must also be mindful of the other means by which the federal government has and will use executive power to deter private action. During the Supreme Court argument on same-sex marriage, the Solicitor General was asked whether a Supreme Court decision recognizing a constitutional right to same-sex marriage could affect nonprofit organizations that discriminate on the basis of sexual orientation under the Bob Jones University case. That case held that the IRS could revoke the nonprofit status of an organization for discriminating on the basis of race. In response to the question, the Solicitor General stated “it is going to be an issue.”

Litigation in Dale and other constitutional cases has been costly. The resources required to litigate simultaneous cases in multiple jurisdictions would be staggering. More importantly, overly-broad court decisions could limit the BSA from maintaining any membership standard until an appellate court reaffirms the BSA’s and religious chartered organizations’ constitutional rights with respect to the duty to God.

Let there be no doubt, the BSA will steadfastly defend the right of religious chartered organizations to select leaders whose beliefs are consistent with those of the religious organization.

No one seriously doubts that the BSA’s and its chartered organizations’ right to maintain duty to God is protected by the First Amendment. Chartered organizations are also protected by the Constitution in their exercise of religious freedom. The Supreme Court reaffirmed that right of religious organizations in its same-sex marriage opinion: “The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.”

The inescapable consensus in the legal community is that a protracted legal battle to defend the BSA’s current standard excluding gay adult leaders is unwinnable. Many local councils, leaders and supporters now openly disagree with the standard. Both create a level of organizational risk that is too high given the potential results. As such, BSA National President Dr. Robert M. Gates has called upon the BSA’s National Executive Board to seize control of its own future, set its own course, and change the policy in order to allow religious chartered organizations—those religious organizations that sponsor units—to determine the standards for their Scout leaders, instead of leaving the matter for the courts or lawmakers to decide.

Moreover, by embracing the opportunity, the BSA can reduce the level of distraction and continue to focus on its mission of serving youth. Moving toward a policy that accepts and respects different perspectives and beliefs allows religious organizations—based on First Amendment protection of religious freedom—to establish their own standards for adult leaders and will help preserve the Boy Scouts of America for generations to come.

[The Ghost of FReepers Past]

The Fox radio morning guys (in my area) were all for it. One said he would let his son go camping with a homosexual because open homosexuals are not pedophiles, only closeted ones. I think he’s a fool. I was shocked by the comment and turned them off for the rest of their show. I can’t respect that position and it taints everything else they might say into forever.

[Jim Robinson]

I’m pretty sure the number of states that did not legislate for same-sex marriage is much larger. The courts put it in in most (if not all) cases where it’s allowed and that’s a violation of the separation of powers.

[onyx]

Someone please post a list of all the states that voted same sex marriage into law. Until the states do this, it's still ILLEGAL!!

It's not an enumerated power for the feds. They have no say in the matter per the U.S. Constitution!!

- - - - -

Somebody else will have to post that list, because I can't recall even one state that actually VOTED in favor of making homosexual marriage legal, let alone a "civil right."

[ABN 505]

“The BSA no longer has a policy stating that homosexuality is immoral and unclean, which was the basis for the BSA prevailing in Dale. Rather, the BSA’s policy is that it does not have a position on the issue, it does not proactively inquire about sexual orientation, and sexuality is not an appropriate matter for discussion in the Scouting program.” BUT it is immoral and unclean! Of all the disgusting things Humans are capable of, anal sex is probably at the top of the list as it promotes so many adverse health problems. Do we not want our boys to be healthy? Why would the BSA promote such an unhealthy act? Active homosexuals do not live as long, have more health problems mental and physical. For the life of me I can't understand what the BSA is thinking!

[lowbridge]

In 1998, Canadian Scouts (CS) decided to allow females, atheists, agnostics, homosexuals, bisexuals, and transsexuals to join the CS. In 1999, they approved the establishment of an all-homosexual troop, which now marches in Canada’s “gay pride” parades. Within five years, scouting membership dropped over 50 percent, many scouting camps and offices were closed, and staff was laid off.

More importantly is the tragic sexual abuse by leaders in scouting.

http://lastresistance.com/1262/canadas-boy-scouts-warn-bsa-of-homosexual-infiltration/

[Dick Bachert]

(MAJOR SARCASM ALERT!) To augment the BSA's almost inevitable move to allow “gays” to occupy the position (and we're NOT talking here about an organizational “position” but a physical one) of Scoutmaster, they will be adding an entire range of new merit programs. Here is the first of the new opportunities for our kids to experience the “gay” lifestyle while earning points toward the soon to be announced new highest scout rank. Evil Scout will replace Eagle Scout.

The only thing sadder than this development is that this sort of crap no longer makes enough folks angry! “Whom God would destroy, he first makes mad.”

America has LOST ITS BLEEPING MIND!!!!

[Slambat]

“It’s not an enumerated power for the feds. They have no say in the matter per the U.S. Constitution!!”

That’s exactly what the confederate states said. Look what
happened. And the faggs are probably going to cause the
same thing to happen again. It’s not just a law, you will
accept, embrace and celebrate the homosexual perversion or
you will be destroyed. So I ask, why should we show homos
and liberals any respect at all. They damn sure don’t
respect anyone else.

[Theophilus]

On my honor,
I will do my best to do my duty to the Courts and my Country.
To obey the Gay Law at all times.
And to keep myself:
Physically available,
Mentally ambivalent and
Legally defensible.

[Bryanw92]

>>sexuality is not an appropriate matter for discussion in the Scouting program. In 2013, the organization changed its youth membership standard to allow gay youth to be members.

And everyone who opposed that stupid move was accused of making slippery slope arguments.

Well, there really is a slippery slope.

If the BSA is doing this of a fear of litigation, then it is the duty of the BSA to fold up their tents and go out of business. The only thing worse than predators roaming around looking for boys to bugger are predators being intentionally placed in a position of authority in an organization that is trusted by parents.

And now these homosexual predators will be called “good family men” because they had a ceremony to join them to another homosexual.

[henkster]

As I posted on this issue yesterday, this is a huge victory for the queers. It goes a long way toward accomplishing their most cherished goal; unrestricted access to your children and grandchildren.

The BSA, as a large, cohesive umbrella organization, was in the best position to block that access. But this new policy neutralizes them. They will not stand in the way, and they have told the sponsoring organizations “you are on your own.”

The queers are now able to isolate and selectively target the individual sponsoring organizations. These organizations lack the size, resources and sophistication to adequately resist the Alinskyite tactics of isolation, polarization and subjugation. It will suffice to select a few choice sponsors, particually weak and wobbly ones at that, and then go after them with the well-orchestrated queer attack machine. How many times have we seen this played out in the past decade? After a few perfunctory beat-downs, every other organization will either fall in line, or be subjected to the same beat down.

What the BSA did was the same thing Pontius Pilate did when he washed his hands.

[MeshugeMikey]

“we dont got to cho ju no steenkin enumerated powers”....

May our Next President enter office Rested and backed up by a very crack staff prepared to undo the volumes of illegal sludge heaped on WE THE PEOPLE...by THEM...THE BUREAUCRATS,..and JUDGES

[jsanders2001]

> What will happen when the first boy scout is sexually assaulted by a known homosexual leader? Will the BSA be immune from prosecution because they decided their current standards for leadership won’t survive legal challenge? I don’t think so. Remember the Catholic Church’s trouble.
I think the BSA is going to have to fold its tent sooner or later. Be better to do it now and save a bunch of kids from assault.

I predict a tsunami of complaints about Scout leaders pertaining to inappropriate comments / touching, sexual molestation, attempting to seduce them into the lifestyle, etc...The very thought that they would allow this suggests things like they’ve taken over by homosexual leadership, are being blackmailed by the homonazis, or received one heck of a big payoff to let this happen. Anyway you look at it they need to be gone.

[Albion Wilde]

the BSA Must Reconsider the Adult Leader Standards

Yah, lots of luck with that. Is there a merit badge for "delusionary thoughts"?

[jsanders2001]

> The Fox radio morning guys (in my area) were all for it. One said he would let his son go camping with a homosexual because open homosexuals are not pedophiles, only closeted ones. I think he’s a fool. I was shocked by the comment and turned them off for the rest of their show. I can’t respect that position and it taints everything else they might say into forever.

Those guys better start saving for their son’s gay weddings soon.

[ArGee]

Well, if it had been me as the Executive Council, I would have disbanded the BSA rather than being blackmailed into changing what the BSA stands for.

But that’s just me.

[SZonian]

Agree wholeheartedly with your post. I told our DE almost this exact thing yesterday and truth be told, he seemed quite surprised to hear of this announcement.

Although I’m in the waning months of my Scouting tenure, our unit, which is not sponsored by a religious institution will more than likely be forced to comply or fold. We lost our Charter with a church after the previous membership policy change was announced. Not many churches around here willing to implicitly “support” homosexuality through Scouting.

The BSA has left thousands of units out in the cold to fend for themselves, many will probably fold into existing religious sponsored units for protection.

There will be a net loss in unit registrations and I’m sure a net loss in participant registrations as well...this is a bridge too far for many folks.

The BSA is dead to me. I find myself in an uncomfortable position of having personal commitments to Scouts and Scouters to follow through with while at the same time, resenting the program as a whole...bastards.

It will be interesting to see what, if any comments come from our Troop Committee meeting tonight. I sent them the article yesterday and rec’d no replies...

[Yogafist]

I wonder if they would also let their adolescent daughters go on a weekend camping trip with a single man.

[Kickass Conservative]

Man, a Buddy of mine used to own a BSA way back when, what a cool Motorcycle. Oh wait...

[cyclotic]

I know a guy who was on a council board of directors. He opposed the decision and was removed from the board.

Tolerance

[WayneS]

The BSA should disband rather than letting their organization be forever perverted by the gaystapo.