Boy Scouts Appeal to be Heard Today

By 

Jay Sekulow

|
June 25, 2011

2 min read

Constitution

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The U.S. Court of Appeals for the 7th Circuit will be hearing oral arguments today in the case involving a lawsuit brought by members of the American Civil Liberties Union (ACLU) against the Department of Defense.  The United States Military has provided supplies and services in support of the National Boy Scout Jamboree held every four years by the Boy Scouts of America.  Congress formally recognized this tradition in 1972 by passing a statute authorizing the Department of Defense to provide such support for the Jamborees.  This serves as an excellent recruiting potential for our nations military; but members of the ACLU have brought a lawsuit, asserting that the Jamboree statute and other programs under which the Boy Scouts of America are eligible is an improper violation of church-state separation.  In particular, the Plaintiffs claim that the Jamboree and other statutes are laws respecting an establishment of religion in violation of the First Amendment to the United States Constitution because the Boy Scouts of America has a religious component to its activities and beliefs.

 

We filed briefs on behalf of members of the House and Senate, including Representatives Jo Ann Davis and Thelma Drake, in whose districts portions of Fort A. P. Hill reside.  This is the Fort that hosts the Jamboree.  The District Courts holding that the Jamboree statute violated the Establishment Clause was flawed in three respects.  First, the District Court failed to give the appropriate weight to the context and purpose of the Jamboree statute.  The statute is one small part of a much larger statutory and regulatory scheme which allows the military to pursue its own recruiting and public relations interests through involvement with private organizations like the Boy Scouts.  Second, the District Courts reliance on two Supreme Court cases was misplaced as those cases primarily dealt with financial aid to school programs.  Finally, the Court misconstrued the nature of church-state separation. 

 

This is a major case, and we were glad to file a brief on behalf of members of the House and Senate supporting the Department of Defense and the Boy Scouts position.  We will keep you posted on its progress.