The Boy Scouts Under Attack Again
The Boy Scouts of America find themselves in another legal quandary this time over federal support of the National Scout Jamboree an event held every four years in Virginia attracting thousands of Scouts from around the country.
Heres the problem. A lawsuit was filed in 1999 claiming that support provided to the Boy Scouts by the Department of Defense was a violation of the separation of church and state. Those who filed suit contend the federal governments involvement with the Scouts is unconstitutional because the Scouts require its members to swear an oath which states, in part, On my honor I will do my best to do my duty to God and my country.
In March 2005, a federal district court declared a 1972 statute passed by Congress enabling the Department of Defense to provide support for the Scouts unconstitutional and ruled that it violated the Establishment Clause because it had a primary effect of advancing religion. Now, the case is before the U.S. Court of Appeals for the Seventh Circuit. And, we are asking the federal appeals court on behalf of nearly 90 members of Congress to overturn the lower court decision.
In our amicus brief filed in the case of Winkler v. Rumsfeld, we contend strongly that the military provides the Boy Scouts with support and services that aid both the military and the Scouts without endorsing religion.
Our brief contends that in passing the statute, Congress sought to help the military advance its own goals, not to promote the Boy Scouts religious beliefs. The brief asserts that the Defense Departments support comes in the form of non-religious supplies and services. The brief states: "The militarys rental of forklifts and trucks, transportation and military equipment, restoration of Fort A.P. Hill after the Jamboree, and provision of other secular services is clearly neutral and nonideological. The only possible message that the militarys aid can be viewed as conveying is that patriotism, self-reliance, physical fitness, and support of the military are positive things.
We also noted that the U.S. military has provided such support for nearly sixty years. Further, we explained that the military's support of National Scout Jamborees is part of its larger community relations program. For example, the military has supported events such as the Goodwill Games, the Special Olympics, political party conventions, and Presidential inaugurations, and has assisted other groups like the Girl Scouts of America, the Boys and Girls Clubs of America, the YMCA and YWCA, the Police Athletic League, and the Campfire Boys and Girls. The military has not established a national religion merely by including the Boy Scouts within its community service programs.
It is our belief that the district court incorrectly applied the Supreme Court's Establishment Clause cases in reaching its conclusion. By comparing the case to decisions dealing with financial aid to students and private schools, the district court took a much narrower view of the Establishment Clause than it should have. We explain that the military's support of National Scout Jamborees poses fewer Establishment Clause problems than the school aid programs upheld by the Supreme Court. For example, while some tuition voucher programs allow tax dollars to reach private religious schools, the Boy Scouts do not receive any money from the military for Jamborees. Unlike classes that may occur at many of the private schools that receive aid under constitutionally permissible programs, Jamborees are not predominantly religious. Also, Scouts and other people attending Jamborees are there voluntarily, while students are required by law to attend school. We present a strong argument that the Establishment Clause does not require the military to sever all ties with the Boy Scouts merely because the Scouts include religion in their belief system. The brief asks the appeals court to end the litigation by upholding the statute.
We are privileged to represent nearly 90 members of Congress in defending this statute. And we are hopeful the appeals court will reject the flawed legal reasoning and permit this important association between the military and the Boy Scouts to continue.
List of Members of Congress Joining the ACLJ Brief:
United States Senator Jim DeMint and United States Representatives Jo Ann S. Davis, Robert Aderholt, Todd Akin, J. Gresham Barrett, Roscoe Bartlett, Rob Bishop, Sanford D. Bishop, Jr., Marsha Blackburn, Mary Bono, John Boozman, Kevin Brady, Henry E. Brown, Jr., Steve Buyer, Chris Cannon, Eric Cantor, John R. Carter, Steve Chabot, Chris Chocola, Howard Coble, Tom Cole, Robert E. "Bud" Cramer, Jr., Barbara Cubin, Tom Davis, Nathan Deal, Thelma D. Drake, Jo Ann Emerson, Terry Everett, Tom Feeney, Michael G. Fitzpatrick, Jeff Flake, J. Randy Forbes, Virginia Foxx, Trent Franks, Scott Garrett, Wayne T. Gilchrest, Phil Gingrey, Virgil H. Goode, Jr., Bob Goodlatte, Mark Green, Melissa A. Hart, Doc Hastings, Robin Hayes, J.D. Hayworth, Joel Hefley, Jeb Hensarling, Peter Hoekstra, John N. Hostettler, Kenny C. Hulshof, Bob Inglis, Darrell Issa, W.L. "Bill" Jenkins, Sam Johnson, Walter B. Jones, John Kline, Ron Lewis, Donald A. Manzullo, John M. McHugh, Candice S. Miller, Gary G. Miller, Jeff Miller, Randy Neugebauer, Anne M. Northup, Charlie Norwood, Tom Osborne, Ron Paul, Stevan Pearce, Joseph R. Pitts, Tom Price, George Radanovich, Dennis R. Rehberg, Hal Rogers, Ileana Ros-Lehtinen, Jim Ryun, Jim Saxton, Jean Schmidt, John Shadegg, Rob Simmons, Michael E. Sodrel, Mark E. Souder, Charles H. Taylor, Mac Thornberry, Todd Tiahrt, Michael R. Turner, Lynn A. Westmoreland, Heather Wilson, Joe Wilson, and Frank R. Wolf.