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Scouting For All
National

"Judge Says Use Violates Separation Of Church And State"
--San Diego Union-Tribune headline, July 31, 2003

Court House

According to the San Diego Union-Tribune, staff writer, Ray Huard, on July 31, 2003, wrote: "The Boy Scouts' lease of public land in San Diego's Balboa Park is unconstitutional, a federal judge decided in a ruling released Thursday.

U.S. District Judge Napoleon Jones Jr. said the Scouts' lease of the 18-acre Camp Balboa in Balboa Park violates provisions in the U.S. and state constitutions governing the separation of church and state." --End Union-Tribune quote.

Scouting For All has a message to everyone, "We will no longer tolerate our gay youth having to remain invisible out of fear. We are working to help create a society where gay (GLBT) and atheist youth will feel safe, accepted, and loved for the beautiful individuals they are blessed to be." Why should anyone in the United States support or agree with any youth organization that teaches hate, bigotry and discrimination by example?

Most people would not argue that private organizations in the United States have the freedom to make their own membership policies discriminatory or not. This is the land of the free and let's keep it that way. However, there are TWO HUGE problems with the Boy Scouts of America having discriminatory membership policies.

City of San Diego Sign

The first issue is, "Why would any youth organization embrace discriminatory membership policies when Equal Rights issues are moving forward in every part of our society and not backwards?"

Basically, the Boy Scouts are behind the times even though they have won their right to discriminate as a private organization as ruled by the U.S. Supreme Court in the year 2000.

Which is the second issue, the fact that the Boy Scouts are now officially permitted (by law) to discriminate, they now officially (by law) have forfeited their right to do business in any way, shape or form with federal and local governments with anti-discriminatory policies. This means the Boy Scouts need to immediately cease to accept any tax dollars and cease to use public buildings or government land.

It's ironic because the Boy Scouts absolutely go against their own oath (A Scout is Obedient: He obeys the laws of his community and country) by accepting any form of public donations or use of public property from local, state or federal government since this consititutes breaking the law, strict anti-discrimination laws. This also means the Boy Scouts need to cease accepting money and/or cease to use the facilities of any non-profit organization, business or corporation which has anti-discrimination policies in place.

Here are two quotes from the Boy Scouts of America's February 6, 2003 Resolution:
"5. WHEREAS, the national officers agree with the report that "duty to God is not a mere ideal for those choosing to associate with the Boy Scouts of America; it is an obligation,...."
"7. WHEREAS, the national officers further agree that homosexual conduct is inconsistent with the traditional values espoused in the Scout Oath and Law and that an avowed homosexual cannot serve as a role model for the values of the Oath and Law;...."

It is absolutely horrible that a national youth organization would make any child feel left behind based soley on their belief in God or sexual orientation. This is why we are pleased to see this court ruling today. When the Boy Scouts of America end their exclusionary membership policies, then let them lease space from any government agency, local or federal.

Desert Pacific Council Signage

The lease "...plainly states that any improvements made to the property would revert to the City at no cost at the termination of the lease.

Knowing this, BSA proceeded to make all these great improvements for their own benefit.

Now they ignore this part of the lease when they repeatedly bring the improvements up as a "reason" why their lease should continue." --quote from B. Allan Ross

Remember that most Scout troops seek and receive donations, materials and free labor (or next to free labor) for their organization.

A parking lot can be paved for free if a scout's father is a paving contractor, for example.

Not to mention that having rent set at $1.00 per year would allow any organization to make best use of any funds for property enhancements.

So while the local Scout district tells the newspapers that they made many upgrades (how ever this was accomplished) to this public site, the fact remains that this organization not only excludes tax paying members of our own community --right here in San Diego, but they are also a national youth organization that fosters hate and teaches discrimination (by example) to it's youth and adult members.

As quoted from the August 1, 2003, San Diego Union-Tribune front page article:

...Councilwoman Toni Atkins, whose district includes Balboa Park, said the city should cancel its park lease with the Boy Scouts unless the Scouts change their policies. "It's time for the city to get on the right side of this discussion and work to abolish discrimination wherever it can." The land the Boy Scouts use "should be turned over to an organization that allows everyone use of public land -- and I know there are enough good groups out there," she said.

..."The fact that they've [the local Desert Pacific Council Boy Scouts] invested a substantial amount of money in the park is not a justification for them to occupy park land for free," Budd said. "...If they want a public subsidy and free access for years upon years to public park land, they have to do what virtually every other youth organization has done. The Girl Scouts, the Campfire Girls [USA], the YMCA, the YWCA [, 4-H clubs] -- every other youth organization has abandoned exclusive membership policies."

--End of excerpts of the San Diego Union-Tribune front page article (August 1, 2003) authored by Ray Huard and Marisa Taylor, Union Tribune Staff Writers.

ACLU AND MORRISON & FOERSTER SCORE BIG WIN IN BOY SCOUT LEASE CASE

ADVISORY TO THE MEDIA --American Civil Liberties Union (ACLU) Foundation of San Diego and Imperial Counties

For Immediate Release: Thursday, July 31, 2003
Contact: Dale Kelly Bankhead (619) 232-2121 x25

San Diego, California - United States District Court Judge Napoleon Jones has ruled that the Boy Scouts’ lease with the City of San Diego for virtually free space in city-owned Balboa Park violates constitutional First Amendment protections and is inconsistent with “values requiring tolerance and inclusion in the public realm.”

The Judge also ruled that he needed additional factual information about the Scouts’ lease with the City for space on Fiesta Island and has ordered a trial on that issue.

--ACLU and Morrison & Foerster spokespeople are available for print and electronic interviews. Contact Dale Kelly Bankhead at (619) 232-2121 x25 to make interview arrangements.

American Civil Liberties Union Foundation of San Diego & Imperial Counties
P.O. Box 87131
San Diego, CA 92138-7131
Telephone: (619) 232-2121 Fax: (619) 232-0036

Charles A. Bird, President
Candace M. Carroll, National Board Representative
Linda Hills, Executive Director
Jordan C. Budd, Managing Attorney

--End Press Release of the American Civil Liberties Union Foundation of San Diego & Imperial Counties, July 31, 2003.

"Injustice anywhere is a threat to justice everywhere." –Martin Luther King, Jr.