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(This was the featured cover article in the July, 2001 American Legion
Magazine. Copyright The American Legion, reprinted with permission)


The Fight for Moral Right
Boy Scouts undaunted by left-wing attacks
for refusing to accept gay Scout leaders.


By Edwin Meese III
 
On June 28, 2000, the Supreme Court of the United States upheld the constitutional right of the Boy Scouts of America to prevent openly homosexual men from serving as Scoutmasters. In an opinion written by Chief Justice William H. Rehnquist, the Court held that the First Amendment's protection for freedom of association meant that the government could not compel the Boy Scout organization to accept such leaders when that acceptance would be at odds with their moral code.

The opinion went on to say that the presence of an openly gay leader in the Boy Scouts would, "at the very least, force the organization to send a message, both to the youth members and the world, that the Boy Scouts accept homosexual conduct as a legitimate form of behavior." The Court's decision was eminently sensible to most Americans, particularly to the parents of young boys.

Nevertheless, since that decision, the Boy Scouts of America have been subjected to a relentless series of attacks by gay-rights organizations and their fellow travelers, including some politicians and members of the news media.

Homosexual groups nationwide have been in the forefront of an effort to pressure city and county governments and school districts to drop support of Scouting in their communities. Sadly, some of these local government agencies have caved to the pressure and abandoned their support of the Scouts, even to the point of evicting Boy Scout troops and Cub Scout packs meeting in school buildings.

In several cities, gay advocates have sought to end police department and sheriff's office sponsorship of the Law Enforcement Explorer program, a branch of Scouting for teen-age boys and girls. This program has been particularly effective in training young men and women in good citizenship and community service, and lack of sponsorship would be a serious detriment both to the young people involved and to the communities they serve.

Who Loses?

Another tactic of the homosexual movement has been to organize protests around the country against the Boy Scouts. In rallies and public statements, churches, civic associations and corporations have been encouraged to withdraw their support for the Scouts. As a result, some businesses, philanthropic organizations and community groups - including some local United Way agencies - have ended their contributions to the Scouts.

Unfortunately, the victims of this campaign are most likely to be poor minority children. That's because charitable dollars donated to the Scouts go mostly to troops and Cub packs in the inner city. While Scout troops in more affluent suburban neighborhoods can finance their own activities, either through local fund-raising activities or through their parents' contributions for Scout uniforms, equipment and camping expenses, inner-city families - often with only a single parent - have a much harder time.

As Heather McDonald of the Manhattan Institute has written, "If financial and institutional support for the Scouts dries up, what will urban children lose? Perhaps their best hope for conquering their circumstances. Scouting teaches a set of values rare anywhere today, but especially in troubled inner city neighborhoods - perseverance, personal responsibility and self-discipline." Scouting also provides boys in disadvantaged communities with perhaps the only male role models in their lives. To deny support to the Scout movement is to contribute to conditions that foster delinquency and anti-social conduct.

Along with these attempts to hurt the Scouts by depriving them of financial support, facilities and other resources, a constant barrage of propaganda has been unleashed to demonize the Boy Scouts and to disparage their value to the nation. A particularly despicable incident occurred at the 2000 Democratic National Convention, where some delegates actually booed a group of Eagle Scouts who participated in an opening ceremony at the invitation of convention officials. Likewise, some ultra-liberal members of Congress attempted to revoke the Boy Scouts' federal charter during the 106th Congress.

The vicious attacks on the Boy Scouts by gay-rights groups have not been limited to financial and political campaigns. Unfortunately, some organizations that claim to protect civil rights, such as the American Civil Liberties Union - an organization that in the past has defended all kinds of perverse behavior by such groups as Nazi sympathizers, pornographers and the Ku Klux Klan - have actually filed suit against the Scouts, seeking to evict them from camps and facilities on public property.

The opponents of Scouting have demonstrated that they are unwilling to tolerate the views and values of others. They often advocate diversity but tolerate only the lock-step cadence of political correctness. They effectively declare the traditional moral and religious values held by others to be "socially unacceptable" and seek to impose their ideas of morality on the rest of society, denying the rights of those who have a different moral code.

Scouts' Position Not New.

It is a sad commentary on modern culture that organizations like the Boy Scouts, with a long record of exceptional service to the young people of our nation, come under attack when they stand up for traditional values. As Rep. Dana Rohrabacher, R-Calif., has said, "For 90 years the Boy Scouts of America have been training America's youth in moral leadership, ethical decision-making and traditional values. They continue to play an important role in the cultural and social life of tens of millions of Americans. As America's No. 1 values program for youth, Scouting helps strengthen character, develops good citizenship, and enhances both mental and physical fitness among its participants. Scouting has helped countless youths from broken families by providing them with the moral discipline and leadership they would have otherwise lacked."

It is not as though the Scouts' position is unusual or foreign to the American way of life. Indeed, their moral code and their position against allowing avowed homosexuals to lead young people follows mainstream moral and religious doctrines going back thousands of years. The Boy Scouts of America have made clear their position: "We believe that homosexual conduct is inconsistent with the requirement in the Scout Oath that a Scout be morally straight, and in the Scout Law that a Scout be clean in word and deed, and that homosexuals do not provide a desirable role model for Scouts." Certainly most parents would overwhelmingly agree. Indeed, for the Scouts to take a different position could doom the entire movement.

But the constitutional issue involved here is even more fundamental. It isn't just the rights of the Boy Scouts at issue in this conflict. The same constitutional safeguards that allow the Scouts to choose their own leaders protect thousands of other groups and organizations in setting their own standards and membership policies. As Attorney Steffen N. Johnson wrote in The New York Times, "Indispensable to our liberty are the people's rights to hold moral positions, to associate with others who share the same views and to instill those views in their children without threat of outside interference."

Most Americans agree with the Scouts' position. A recent national poll found that 75 percent of the people have a favorable opinion of the Boy Scouts, compared to 11 percent unfavorable and 14 percent who were " not sure." Likewise, 70 percent of the respondents said their opinion of the Scouts had either become more positive or had not changed since learning that the Scouts did not permit avowed homosexual men from serving as Scoutmasters. Only 28 percent said they had a more unfavorable opinion.

Standing Up for Scouts.

Fortunately, many leaders, organizations and citizens have risen to the Scouts' defense. The American Legion should be commended for their strong statement in this regard. At the Legion's 82nd National Convention in Milwaukee, delegates passed a resolution titled "Support of Boy Scouts of America." As Joseph E. Caouette, National Americanism Commission Chairman, stated, "This resolution pledged the Legion's support for the Boy Scouts in its efforts to maintain and practice traditional family values with regard to membership and leadership standards."

He continued, "We believe as the Scouts do that an avowed homosexual is not a role model for the values espoused in the Scout Oath and Law." Caouette also called upon Legion members and Posts to do everything they can to provide vocal and financial support for the Scouting movement, including honoring Scouts with community ceremonies and taking over the support of Boy Scout units that have been cast out by those craven organizations that have given in to pressure by gay-rights groups.

Throughout the country, courageous leaders and governmental units have followed the Legion's example. The head of the largest sheriff's department in the country has refused to abandon his agency's sponsorship of the Scouts Law Enforcement Explorers. In many cities, public support has convinced school districts to continue sponsoring Scout troops and Cub packs and allowing them to use school facilities for their meetings.

In the Congress, legislators have organized the Congressional Scouting Caucus. Lead by co-chairman Rohrabacher, this group mobilized members of Congress, many of whom were Boy Scouts in their youth, to successfully oppose left-wing efforts to revoke the Boy Scouts' federal charter.

In a number of cities, public support for Scouting has forced some United Way chapters to back down from their attempts to defund Scouting Councils, actions that would violate the intent of their donors.

As individual citizens and community groups have become alarmed at the attacks on Scouting, they have responded with numerous unsolicited donations. In Pittsburgh, an anonymous donor gave $1.5 million to two area Scout councils, saying it was a reaction to recent protests. Likewise, a church in Florida conducted a special collection for the Boy Scouts and raised more than $10,000. Another church provided $50,000 to several troops, and a Florida philanthropist donated $40,000 because he admires the Scouts "dedication to values."

On the legal front, some civil-rights groups that are truly dedicated to preserving constitutional liberties have joined in the defense of the Boy Scouts. The American Civil Rights Union created the Scouting Legal Defense Fund, which is dedicated to educating the public on the charges against the Boy Scouts and defending them against litigation in the courts. Currently, the Scouting Legal Defense Fund is preparing an amicus brief in a suit filed by the ACLU against the city of San Diego, which attempts to evict the Scouts from a camp in a public park they have used since 1920. The fund also has established a watch list to alert the public to charities, such as local United Way groups, that have denied Scouts funding.

Because of this kind of support, and despite the virulent attacks on their organization, the Boy Scouts of America continue to thrive. Today, their membership stands at more than 6.2 million boys, and they continue to grow.

All Americans can join in this defense of Scouting and their constitutional rights by doing the following:
- Learn the facts about the assault on Scouting and traditional values through the Internet and other sources. The Scouting Legal Defense Fund Web site is www.defendscouting.com.
- Speak up for the Scouts in personal conversations with friends, co-workers and neighbors, as well as in church groups and community associations.
- Make your views known to their city councils, county supervisors or commissioners, school boards and other local officials, urging them to resist political attacks on the Boy Scouts.
- Donors to charities should check to be sure their local United Way chapter or other charitable organization has not succumbed to pressure and abandoned the Boy Scouts. If they have, contributors can refuse to donate and send their contributions directly to the local Boy Scout Council.


At no time has Scouting's positive influence been more essential to our nation's future than it is today. Defending the Scouts against unwarranted attacks, and insuring that they have continued financial and moral support, will not only preserve an invaluable character-building organization, but it will help preserve the constitutional rights and traditional values of all Americans.

Edwin Meese III is chairman of the Scouting Legal Defense Fund and is the former Attorney General of the United States.
 
  © American Civil Rights Union 2002