Atheist mon Nancy Powell and son Remington finally get justice in the courts after nearly five years of legal battles. Will school authorities do the right thing, and put an end to "csaptive audience" recruiting by a bigoted and discriminatory Boy Scouts organization?

Multnomah County Circuit Court Judge has ruled that Portland, Oregon schools discriminated against Atheist students by permitting the Boy Scouts of America to recruit during school hours.

   Judge Ellen Rosenblum added that state officials acted improperly by allowing the practice to continue, and that Oregon School Superintendent Stan Bunn must now craft new regulations, and may not permit the BSA to seek new members from "captive" schoolchildren.

   The Boy Scouts have come under increasing attack for their policy of discriminating against homosexuals and Atheists who cannot swear a religious oath to a God.

   "It was an abuse of discretion for (Superintendent Bunn) to find insubstantial evidence of discrimination based on religion," noted Judge Rosenblum. "The evidence of discrimination is sufficient, and it was sufficient before today."

   The case involved Portland mom and Atheist Nancy Powell and her nonbeliever son, Remington, who have waged a four-and-a-half year battle to stop BSA recruitment in schools during the official school day. There was never any question that Remington could not join the Scouts "because he is an Atheist." Powell has said that her action is not directed specifically at the BSA, but rather the policy of Portland schools which in effect allowed a discriminatory organization to enlist students during classroom periods. Superintendent Bunn had defended the policy, saying that it was permissible since it was up to the Scouts, not the schools, to reject youngsters on the basis of religious belief.

   Originally, Remington -- now an 11-year old sixth-grade student, was interested in joining the Scouts after a BSA recruiter had visited the elementary school he attended and told him how much "fun" the Cub Scouts had.

   "It sounded fun and I wanted to try it," Remington later said. "When my mom told me the Boy Scouts do not take our kind, I started crying and sobbing ... I was really sad."

   A long legal battle was ahead following Powell's initial complaint to the state department of Education in May, 1998. She told the Portland Oregonian newspaper, "They are shoving these religious organizations at us. It's a chronic problem." The school district had 27 entries in its guidelines concerning religion in the classroom, including a policy of not permitting any religious symbols, exercise, observance or other activity. Powell pointed out that the Scouts were biased in their recruiting, though, and that they "willingly admit their own discriminatory qualifications for joining..."

   "I'm just elated!" Powell told AANEWS this afternoon. "I've been battling against recruiting by a discriminatory organization aimed at captive audience kids who were deceived into wanting to join a fun organization, only to be told later that they weren't good enough for membership."

   She did express concerns about Superintendent Bunn. "Banning the BSA during the class day is not popular, and it's a double-edged sword. The judge has clearly told Bunn that it's time for him to stop acting like a politician, and instead behave like a Superintendent of Education. The judge also said that he had abused the power of his position."

   "This is a huge Atheist victory," Powell continued, "because a mere five years ago, we were accused of being nothing but petty and slanderous, and that we were liars when we said that the Boy Scouts discriminated against our kind."

   "I'm so proud of my son, that he has helped the world become more sensitive to the issue of religious discrimination. There's no place for that in the public arena."

   What happens next? Powell thinks that the policy of allowing a discriminatory BSA into the public schools to recruit children seated in classrooms is "a sinking ship."

   "The public schools know that the Scouts discriminate. The state knows. And the Scouts have never denied the discrimination," she said. "To allow them to come into a classroom under the auspices of the public schools to deceive children hurts those very students. That's what this is all about. We're fighting against the establishment of religion, and a practice which harms the almost 20% of Oregonians who don't believe in a religious faith."

   There has been no announcement as to whether the state will appeal the decision. Even with Powell's victory, though, bitter memories linger. Cliff Walker of Positive Atheism Magazine (http://www.positiveatheism.org) watched the Powell case unfold and says that it "has featured some of the most pathetic manipulations on the part of whiny, greedy promoters of religion that we have seen." He also cites the extreme measures which Powell had to take "just to insure that her kids would be safe and would get a fair shake at what the school had to offer."

   "But the saddest part was when the Powells and others would present to the various authorities ream after ream of documentation showing that the schools do not allow discrimination and do not allow groups that discriminate to have access to students -- and showing that the Scouts not only discriminate, not only are proud of their practice, but have waged a long-term battle to retain the right to discriminate," added Walker. "But each time, it looked like anybody in their right mind could see the situation -- but no."

   For now anyway, Powell, her son -- and Atheists everywhere -- can savor a hard-won victory. In Portland schools, Atheist students may enjoy the same rights as every other kid, thanks to a determined Atheist mom and her equally courageous Atheist son!

[text only]