To: eagles-request@pompei.usc.edu Date: Thu, 22 Aug 91 22:47:21 PDT From: dgwelton@ecst.csuchico.edu (David G. Welton) ==================================================================== Reprinted from MGW Newspaper (with permission) June 1, 1991 Scouting's Tradition of Exclusion by David Welton If stubborn persistence were one of the scout laws, the Boy Scouts of America would be living by their credo. Lately it seems that BSA has spent more time and money in court trying to protect its discriminatory policies than doing the obligatory "good turn daily." Timothy Curran, 29, an openly gay Berkeley troop leader, was removed by Scouting officials ten years ago because of his sexual orientation. Recently, in the second phase of the trial, Los Angeles Superior Court Judge Sally Disco ruled that BSA is entitled to prevent him from becoming an adult member. The long awaited decision was an unexpected upset, given her encouraging first phase decision. In the earlier phase of the hearing Judge Disco ruled that the Boy Scout's Bay Area-based Mount Diablo Council is a business, not a private organization. The council therefore is governed by the state's Unruh Civil Rights Act, which forbids arbitrary discrimination. The recent ruling appears to contradict the earlier ruling. Judge Disco felt that the U.S. Constitution prevents California from satisfying the state's "compelling interest in eradicating discrimination in all forms" because to do so would interfere with BSA's "ability to achieve its expressive goals." Jon W. Davidson, ACLU senior staffer and lead counsel in the case, was astonished, "I think many people are going to be surprised with Judge Disco's conclusion that part of the mission of the Boy Scouts is to be anti-gay." Judge Disco apparently accepts BSA's position that one of the goals of scouting is to teach that homosexuality is immoral. Judge Disco held that BSA has a right to "get across its preferred message in its preferred way." "This is a bogus claim. Scouting doesn't teach that homosexuality is immoralQor anything at all about homosexuality," Curran said. "In fact, scouting hardly teaches anything about sexuality." Over 33 million copies of the Official BSA Handbook have been printed since 1911. Nowhere is there any discussion of homosexuality. In the latest edition of the Handbook the only reference regarding sexuality reads: "You are maturing sexually. As a young man you are capable of becoming a father." George Davidson (not related to Jon Davidson), BSA attorney in the Curran case, claims that Scouting has interpreted the words "morally straight" to mean homosexuality is not allowed. The Handbook defines "morally straight" as: "To be a person of strong character, guide your life with honesty, purity and justice. Respect and defend the rights of all people." The ruling is especially interesting in light of biographical information regarding Lord Baden-Powell, founder of the Scouting movement. In a 670 page biography, The Boy-Man: The Life of Lord Baden-Powell (1990), author Tim Jeal argues, "The available evidence points inexorably to the conclusion that Baden-Powell was a repressed homosexual." Information gleaned from Baden-Powell's diary and correspondence is cited as evidence. Other authors also suggest Baden-Powell's homosexuality: Piers Brendon in Eminent Edwardians (1979) and Michael Rosenthal in The Character Factory: Baden-Powell and the Origins of the Boy Scout Movement (1986). The Big Brother/Big Sister organization recognizes the positive contribution gay and lesbian volunteers offer youth as role models. But BSA continues to fight for their right to exclude openly gay members. Davidson just doesn't get it. "They [BSA] are fighting very hard to keep these exclusionary policies. It's a sad day when a judge concludes that the Constitution gives such an organization a 'right' to model hatred and intolerance to the youth of our country." Religious and gender-based discrimination disputes are also currently pending against BSA in California. Twin brothers Michael and William Randall, expelled from their Anaheim Cub Scout Pack for refusing to recite the word "God" in the scouting oath, are pressing BSA's religious discrimination policy. And an uprising is brewing in the small Sierra town of Quincy involving female scout members. The Quincy troop is contesting a Nevada Area Council (Reno-based) policy that allows girl members, but prohibits girls from becoming Eagle ScoutsQBSA's highest rank. The troop is seeking legal advice from the ACLU. Nevada Area Council executive Donald L. York claims that BSA has a right to set its own standardsQincluding the exclusion of women. "These issues go beyond no girls. That includes a strong belief in God, no homosexuals and no girls," he said. ACLU attorney Davidson represents both Curran and the Randall brothers. "The strangest thing is that Tim Curran and the Randall brothers are fighting to be involved in BSA," he says. "It's not because they think BSA is a bad organization. Actually they think it's a good organization, one they'd like to be part of. They are being told 'we don't want your kind.'" "They [BSA] have been incredibly tenacious. Part of the reason the Curran case has gone on so long is because of how hard they have fought. BSA has tried to take the case to both the California Supreme Court and the U.S. Supreme CourtQthey just don't give up easily," says Davidson. Curran remains hopeful, "I have faith that, eventually, the Boy Scout's leadership will be forced to treat all people with equal dignity." The ACLU will appeal Judge Disco's decision. ============================================================ -- David G. Welton dgwelton@cscihp.ecst.csuchico.edu Master's Candidate Social Science California State University, Chico