From the Editor: Encouraging Developments on the United Way Funding Front; How You Can Help Enforce the Helm�s Amendment

October, 2002

www.defendscouting.com

Dear Reader,

There are some encouraging developments for those of us fighting to protect local United Way funding of scout councils.�� In last month�s newsletter we reported on the decision of the Milwaukee United Way to continue discretionary funding of the Scouts.� This despite an apparent conflict between the local United Way�s �non-discrimination� position on sexual orientation and the national Scout policy.

In this issue we give a brief summary of how two local United Ways that had cut Scout funding came to reverse that decision and were removed from our Watch List.� There were a number of contributing factors in each case, of course, but the same common denominator: contributions fell dramatically after they took actions to cut Scout funding.

Also in this issue, we report on the University of Arizona having to restore the opportunity for its employees to make designated contributions to the Scouts.� Again, the reason for the decision was largely pressure from other organizations that were feeling the financial effects.

There clearly are some lessons for us in these cases. The principle lesson can perhaps be best summed up in the aphorism, �If you grab them by the purse strings, their hearts and minds will generally follow.�� The reduction in contributions appears to be the most effective reality check for the social engineering desires of local United Way leaders and volunteers.�

Also on the United Way front, we summarize the response of the National United Way to our series of questions to them after they attacked our effort to update the Watch List.� They basically refused to answer, which, of course, makes us all the more interested in why they cannot or will not do so.� We will continue to follow up.

We also provide information on the activities of the U.S. Department of Education to enforce the Helm�s Amendment to the federal �No Child Left Behind� education bill that prohibits local schools from discriminating against the Scouts.� As is always the case, monitoring of local schools by concerned citizens can be very helpful in ensuring compliance.�

Please continue to let us know what is happening to Scouting in your area.� The things so many of you are doing to defend Scouting are making a significant contribution to young and to our nation�s future.�

Sincerely,

Robert B. Carleson

Editor

P.S. You can help defend scouting by forwarding this e-newsletter on to others and by making a donation to the Scouting Legal Defense Fund at www.defendscouting.com.

News From The Scouting Legal Defense Fund

National United Way �Non-responds� To Our Questons

The Defense Fund received a non-responsive answer to the questions and concerns raised by American Civil Rights Union (ACRU) Chairman Robert B. Carleson in his recent letter to United Way of America President Brian Gallagher.� The Scouting Legal Defense Fund is a project of the ACRU.� Mr. Carleson was responding to Gallegher�s letter asking the Defense Fund to cease its United Way Watch List activities.� In her response, Patricia Turner, General Counsel, said that �At this time, I do not believe an exchange of letters would be productive in resolving the issues separating our two organizations.�� She did not, however, offer any alternative mechanism.

Significantly, she stated that �The United Way system believes firmly in the value of diversity.�� One of the concerns Mr. Carleson raised in his letter was the extent of control and pressure on local United Way�s being exerted by the national organization to cut off Scout funding in the guise of promoting diversity.� He also noted that truly promoting diversity means including organizations like the Scouts that may have different values, not excluding them as some local United Ways are doing.� As a justification for again urging the Defense Fund �to cease efforts to label United Way organizations� she offered the somewhat puzzling justification that �maintaining strong relationships and working toward mutual respect would be more beneficial in ensuring continued vital community service.��

Concerning the letter from Ms. Turner, Mr. Carleson noted that local United Ways that cut off the Scouts because of their policy of excluding openly homosexual men as scoutmasters are hardly promoting �mutual respect.�� He also noted that the loss of funding that these local United Ways generally suffer as a result clearly undermines �ensuring continued vital community service.�� She closed her brief letter with another veiled threat to sue the Defense Fund in the event �misrepresentations are published� about local United Way actions to cut off Scout funding.� Mr. Carleson pledged to continue both the Watch List activities and to try to get answers to the concerns raised in his original letter to Gallegher.

How You Can Help Enforce The Boy Scouts of America Equal Access Act

The Boy Scouts of America Equal Access Act, popularly referred to as the Helm�s Amendment, became law as part of the No Child Left Behind federal education legislation.� It specifically prohibits local school districts that receive federal education funds from discriminating against the Scouts.� The Defense Fund recently asked the Department of Education for copies of the information and guidelines that the Department had made available to local school districts to help them comply with this law, so that local Scout supporters could better monitor their local school districts to compliance.� Several useful items have been posted on the Departments Web site at

http://www.ed.gov/offices/OCR/boyscouts.html. These include a copy of the letter the Department sent to school districts nationwide alerting them to the law, a copy of the Act and an online complaint form that can be used to initiate an investigation by the Department�s Office of Civil Rights of a school district�s compliance with the law.

What Is Happening To Scouting Around The Country

--United Ways Reverse Decision On Scout Funding

Two local United Ways that had cut off funding their local Scout councils have reversed their decisions in recent months and resumed funding.� Both local United Ways happen to be located in Minnesota, one serving the Duluth area and one the Greater Winona Area.

The Duluth United Way was particularly aggressive in cutting funding for the Scouts.� The cut off came in the middle of the fall fundraising drive, with the result that the Scouts only got a portion of the money raised in that effort.� The United Way also prohibited contributors from specifically designating contributions to the Scouts, returning the money of those who tried to do so.�

As a result of the public uproar over these actions, last year contributions to the local United Way fell by about 20%.�� Following some personnel changes at the local United Way and numerous expressions of concern by recipient agencies, discussions began between the Voyagers Council and the United Way.� The Scouts provided the same statement of their policy on homosexual scoutmasters, one which had been approved by the national Scout office, but this time the United Way accepted it.� The council was included in the current funding drive as a recipient of allocated, or discretionary funding.

A similar situation occurred with the United Way of the Greater Winona Area, which also suffered a reduction in contributions following its decision to cut off discretionary funding for the local Gamehaven Council. In this case, however, the catalyst for restoring the funding was Bishop Bernard Harrington of the Catholic Diocese of Winona.� He used his good offices to bring together the local council and the United Way to try to work out some type of settlement.� Without departing from the national policy, the local council stipulated that to their knowledge they are not aware of any discrimination against anyone in the Winona area based on their sexual orientation.� While the United Way will continue to require participating agencies to sign a non-discrimination agreement, it will be within a specific memorandum of understanding in the case of the Scouts. As a result the local council was again eligible to receive allocated funding.

--Scouts Appeal D.C. Ruling

The Scouts have appealed to the District of Columbia Court of Appeals the ruling against them by the District of Columbia Human Rights Commission in the case of two openly homosexual men.� The Scouts had excluded the two openly homosexual men from serving as leaders.� The Human Rights Commission had ruled that the Scouts had illegally discriminated against them and ordered that they admit them as Scout leaders, pay the mens� attorney costs and $50,000 to each in damages.� Article at:

http://www.cnsnews.com/ViewCulture.asp?Page=\Culture\archive\200209\CUL20020923a.html

--University of Arizona Backs Off on Scout Funding Ban

In response to pressure from some faculty members complaining about the scouts policy on excluding openly homosexual men from serving as scoutmasters, the University of Arizona last year removed the section of the United Way enrollment form that allowed employees to make designated contributions.� A small group of professors had complained that even though the local United Way has cut off the Scouts from allocated funding, the University should take the step to prevent employees from making even designated contributions to the Scouts.� The result was an approximately 25% drop in total university giving and complaints from both employees and from other local charities which traditionally received designated contributions.� In light of the previous years experience, the university decided to restore the designated contribution section on the form for the current campaign.� No article available.� Letter from the university president at: http://uacares.arizona.edu/welcome.shtml