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JOHNSON TO RODHAM, WHITE HOUSE -- YOU CAN DO SOMETHING TO END DISCRIMINATORY SCOUT PRACTICES

Web Posted: August 11, 1999

If letters, faxes and press releases don't help, maybe a word to the in-laws will.

   Last night during an appearance on the ABC network program "Politically Incorrect," American Atheists President Ellen Johnson discussed the discriminatory policies of the Boy Scouts of America with respect to their exclusion of atheists, homosexuals and others, and urged co-panelist Tony Rodham to pass the word -- tell your brother-in-law that as "Honorary President" of BSA, he can do something to change that organization's practices.

   Rodham is brother to First Lady Hillary Rodham Clinton. President Bill Clinton continues a long tradition where the commander-in-chief also serves as Honorary President of the Boy Scouts of America.

   The debate over the scouting organization has intensified in the wake of lawsuits challenging the discriminatory practices of the BSA which require applicants to swear a religious oath and be of "morally straight" character. Those stipulations have been used to exclude gay and atheist youngsters, a policy which critics say conflicts with other parts of the BSA's positive mission. Plaintiffs who have taken the Boy Scouts to court argue that the standards are also discriminatory, and that as a "public accommodation" the BSA is violating federal and state civil rights statutes.

   Atheists throughout the country have argued against BSA policies, and the involvement of public institutions such as schools in promoting the scouting program. In Oregon, atheist activist Nancy Powell has been challenging officials and insisting that by permitting exclusionary groups like the scouts to recruit in local schools, they are perpetuating discrimination. Chicago-area civil rights activist Rob Sherman has urged government agencies which sponsor BSA units to end their affiliation, and Pennsylvania atheist Margaret Downey has unsuccessfully tried to alter scout policies through the courts.

   One crucial legal issue is whether organizations like the Boy Scouts are a private group or "public accommodation" which is thus subject to anti-discrimination laws. While the BSA says that no one is compelled to join the scouting group, critics point to a close relationship between the Boy Scouts and local government agencies including schools, fire and police departments which "sponsor" scout units. "I'm not trying to tell private organizations what they should or should not do," Ellen Johnson told AANEWS following last night's "Politically Incorrect" appearance. "But it's hypocritical to say to youngsters that it's OK to associate during the regular school day with certain kids who happen to be gay, or atheists, then exclude them from scout meetings because of sexual or philosophical differences." Johnson said that the exclusionary BSA policies "show that the Scouting organization needs to enter the twentieth century and catch-up with the other institution in American society which have made an effort to become more tolerant and inclusive."

monthly special    "You shouldn't be excluding millions of kids because of their sexual orientation, or the fact that they don't go to church," Johnson added.

   Last Wednesday, the New Jersey Supreme Court ruled that the Boy Scouts were indeed a public accommodation and that exclusion of homosexual boys or leaders violated state anti-discrimination laws. State high courts in California, Oregon, Connecticut and Kansas, however, have differed and consider the BSA to be a strictly private group. The New Jersey case was brought by a former Eagle Scout and assistant scout master who was expelled from the BSA in 1990 after local scouting leaders learned that he was also a gay rights activist. James Dale, now 29, found his experiences with the Boy Scouts to be a valuable learning process, though, and says that the scouts "taught me a long time ago the difference between right and wrong. Nine years ago, I was kicked out of the program, I knew it was wrong."

   The Scouts are mulling an appeal in the New Jersey case. BSA spokesman Greg Shields told reporters last week, "This is a constitutional issue. We think the Supreme Court will be interested in hearing it." Shields reaffirmed the Boy Scouts requirement that applicants be "morally straight," which has been part of the BSA code since its founding in 1910.


"President Clinton could have a real impact on this case, all without dragging the courts into the picture. Legal or not, discrimination is wrong when you penalize youngsters because they don't match sexual or religious stereotypes..."

Ellen Johnson, President
AMERICAN ATHEISTS

   The debate over the scouts is also polarizing religious and political groups. Reacting to last week's court ruling in New Jersey, the Family Research Council charged that the decision "victimizes the Boy Scouts and devastates the freedom of association in America." It also blasted the court's reasoning in declaring the BSA to be a "place of public accommodation" because of its partnership with public entities. "The state Supreme Court has defined the Boy Scouts as nothing more than a hotel, hospital or restaurant. All must be accommodated, regardless of beliefs," noted a FRC press broadside. A similar opinion was voiced by Pat Robertson's American Center for Law and Justice (ACLJ) which declared, "This decision tramples on the First Amendment free speech and freedom of association rights of the Boy Scouts." ACLJ Director Jay Sekulow predicted that the matter would end up before the U.S. Supreme Court, and added that ACLJ had filed an amicus "friend of the court" brief in the New Jersey case for the Boy Scouts on behalf of four U.S. Congressmen. They are: Rep. Robert Aderholt (Ala.), Rep. Ernest Istook (Ill.), Rep. Asa Hutchinson (Ark.) and Rep., Charles Pickering (Miss).

   The ACLJ brief declared that the group "opposes the misuse of state anti-discrimination laws to compel individuals and organizations to endorse currently fashionable sexual ethics."

   Churches are also taking up the debate over the scouts. Today's Washington Times notes, "Court battles over the Boy Scout ban on admitting homosexuals, based on its 'God and country' doctrine, appear to be spreading to church groups that sponsor scouting." The paper adds that the United Methodist Church, which sponsors nearly 12,000 scouting units, may soon debate whether or not to continue its association with the Boy Scouts. The Times notes that "Churches as a group sponsor 62 percent of Boy Scout troops at all age levels, accounting for 55 percent of all boys in scouting." Among them are 31,402 BSA units affiliated with the Mormon Church which are organized into "wards" and account for a total scout membership of over 412,000 youngsters. Roman Catholic churches sponsor 9,635 troop units, Baptists account for 4,973, Lutherans an estimated 4,364, Presbyterians 3,981, Episcopalians 1,413, Disciples of Christ 1,124 and United Churches of Christ Congregational 1,414.


   Are the scouts likely to change their discriminatory policies in the near future? Mr. Shields declared, "I can tell you with all confidence that the Boy Scouts policy on homosexuals has not changed. We believe homosexual conduct is inconsistent with the Scout oath and law." Right now, most attention in this case involves gay youngsters; but with the 'God' oath and other religious components, the BSA -- and possibly the Supreme Court -- may have to confront the question of equal rights for atheist youngsters as well.

   "President Clinton could have a real impact on this case, all without dragging the courts into the picture," declared Ellen Johnson. "Legal or not, discrimination is wrong when you penalize youngsters because they don't match sexual or religious stereotypes." Johnson added that with Mr. Clinton being the Honorary President of the BSA, "He has enormous influence on bringing constructive pressure regading this policy to the attention of the BSA leadership."

   "It's time for Clinton to set a good moral example," Johnson noted. "He isn't facing reelection, and he can take a stand based on principle rather than political expediency."




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