ACLJ Represents Nearly 90 Members of Congress Asking Federal Appeals Court to Reject Flawed Legal Reasoning in Boy Scouts Case

November 8, 2005

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, today filed an amicus brief on behalf of nearly 90 members of Congress asking a federal appeals court to permit the U.S. Department of Defense to continue providing support to the Boy Scouts of America for their national Jamboree. The ACLJ is asking the U.S. Court of Appeals for the Seventh Circuit to reverse a lower court decision that declared a 1972 statute passed by Congress enabling the Defense Department to provide support to the Boy Scouts unconstitutional because it violated the separation of church and state.

This is a case where the lower court simply got it wrong, said Jay Sekulow, Chief Counsel of the ACLJ, which is representing members of Congress in the case.  The military provides the Boy Scouts with support and services that aid both the military and the Scouts without endorsing religion.  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.

The dispute stems from a 1999 lawsuit that claimed that Defense Departments sponsorship of the Boys Scouts violates the First Amendment because the group requires 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, a federal district court said the Jamboree statute was unconstitutional and violated the Establishment Clause because it had a primary effect of advancing religion.  The Defense Department provides support and services every four years when the Scouts hold their Jamboree at Fort A.P. Hill in Virginia. 

The ACLJ today filed its amicus brief with the 7th circuit on behalf of itself of nearly 90 members of Congress.  The brief includes the names of the members of Congress.

In its brief, the ACLJ 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 ACLJ contends the lower court used flawed legal reasoning to reach its conclusion.  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.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.