DoD cannot pay for Boy Scout event at base, federal judge rules

By Dan Caterinicchia
Associated Press

CHICAGO ­ A federal judge has ruled the Pentagon can no longer spend millions in government money to ready a Virginia military base for a national Boy Scout event typically held every four years, the American Civil Liberties Union announced Thursday.

U.S. District Judge Blanche Manning's June 22 order stems from a 1999 lawsuit by the ACLU of Illinois that claimed the Defense Department sponsorship violates the First Amendment because the Scouts require members to swear an oath of duty to God.

Justice Department spokesman Charles Miller said Thursday the government was still considering its options.

The order doesn't cover this year's National Scout Jamboree, which start July 25 and is expected to draw more than 40,000 people to Fort A.P. Hill, Va.

A Scouts spokesman said he expects the Pentagon's lawyers to appeal.

"We are confident that an appeal to the 7th Circuit will return everything to the status quo," Bob Bork said.

ACLU of Illinois spokesman Ed Yohnka said no other youth organization receives millions of dollars in government support, and that the injunction is the latest step toward ending the Scouts' unfair advantage.

The Defense Department notified the Chicago federal court in April that it would support this summer's jamboree, despite a ruling by Manning in March that the department's aid was unconstitutional. The government argued at the time that the ruling wasn't final.

The government aid, which amounted to $6 million and $8 million respectively for the jamborees in 1997 and 2001, was used to transport military personnel and other goods there, according to Manning's March order. The government expected to pay about $7.3 million for this year's jamboree.

Jamboree activities include archery, biking, a confidence course, environmental conservation programs and kayaking, according to the Scouts' Web site.

The Rev. Eugene Winkler, a Methodist minister who is one of the plaintiffs in the case, said he got involved because he did not agree with the use of taxpayer money to support the Scouts.

"We're not attacking the Scouts and neither is the ACLU," Winkler said. "This issue is not about the Boy Scouts at all. It's about government funding for religious purposes. It's about separation" of church and state.

Pentagon told to quit supporting Scout fest

By Rudolph Bush
Chicago Tribune staff reporter
Published July 8, 2005

A federal judge in Chicago has ruled that the military's historic support of the national Boy Scout Jamboree is unconstitutional, issuing an injunction against the Pentagon's future participation in the event.

Ruling on a 1999 suit brought by the American Civil Liberties Union, U.S. District Judge Blanche Manning wrote that the plaintiffs in the suit had "shown irreparable injury that ... their constitutional rights as taxpayers are being violated."

She concluded that the Pentagon's participation in the jamboree violated the 1st Amendment because the Boy Scouts of America "excludes atheists and agnostics" and calls for members to believe in God.

"They're a religious organization by their own description," said Rev. Eugene Winkler, a retired Methodist pastor from Chicago and the primary plaintiff in the case.

Winkler has filed suit against other public organizations that support Scouting. Manning's ruling, issued June 22, is among his most significant victories.

The Department of Justice, which defended the Pentagon in the suit, has not yet decided whether to appeal.

The Pentagon plans to spend $7.3 million supporting this year's jamboree near Washington D.C. It defends its participation as a valuable training exercise for Scouts who must learn to quickly assemble "tent cities" in the field.

Manning's ruling won't affect plans for this year's jamboree, scheduled to begin July 25 and expected to involve 40,000 Boy Scouts.

If the ruling holds up, it will take effect in 2010, the year of the next jamboree.

Defense Department officials and the Boy Scouts are hopeful that the ruling will be overturned on appeal.

"It seems odd that the ACLU would defend the 1st Amendment rights of other organizations like Nazis and nudists ... but not the Boy Scouts," said Bob Bork, a Boy Scouts spokesman.

ACLU TARGETS BOY SCOUTS OF AMERICA IN CHICAGO
Source: American Civil Liberties Union Newsfeed. 1997-APR-10 "ACLU Challenges Chicago Scouting Programs That Require Belief in God"

CHICAGO -- The American Civil Liberties Union of Illinois today filed suit in federal court challenging the City of Chicago's operation of scout troops affiliated with the Boy Scouts of America.

According to the suit filed in US District Court, the City's policy excludes participants from City-operated scouting programs based on religious belief and sexual orientation. The suit also alleges that the City has adopted formal written policies that require youth members and adult volunteers in City scouting programs to make religious affirmations and participate in religious activities.

"Scouting makes many valuable contributions to the community," said Harvy Grossman, ACLU of Illinois Legal Director. "However, the City cannot put its stamp of approval on discrimination. We hope that the City will continue offering youth programs, but without these unnecessary and discriminatory policies."

The suit, Winkler v. City of Chicago, was filed on behalf of Eugene Winklerand Kevin Poloncarz.

Winkler is a Methodist minister who objects to the City's endorsement of religion. Poloncarz is a gay agnostic who wished to volunteer as an adult leader in one of the City's scouting program. He objects to the exclusion of homosexuals from the City's scouting programs as well as the requirement that participants make a pledge that acknowledges God.

"The City of Chicago should not be in the business of discriminating," said Roger Leishman, Director of the ACLU of Illinois Gay & Lesbian Rights Project. "Regardless of the policies chosen by the Boy Scouts, the City cannot adopt discriminatory policies in City programs."

The City owns and operates over 25 Explorer Posts, Boy Scout Troops and Cub Packs. As a condition of receiving authority from the Boy Scouts to operate these programs, the City certifies that all adult volunteer leaders subscribe to the Boy Scouts' "Declaration of Religious Principle." Youth wishing to participate in city scouting programs must also sign a code that they believe in God and promise to be faithful to the Boy Scouts' religious duties. Members are also required to register with the Boy Scouts of America.

Although these scouting programs are affiliated with the Boy Scouts of America, they are operated by the City. The City is solely responsible for selecting youth members and adult volunteer leaders. It is also solely responsible for the content of the program.

The ACLU is asking that the Court order the City to stop excluding participants from City-sponsored scouting programs based on religious beliefs and sexual orientation, and to stop including a religious element in the programs.

"The City of Chicago must embrace all of its citizens, regardless of their religious beliefs or sexual orientation," Grossman concluded.

Background [by the OCRT]

Boy Scouts of America is looked upon by many people as a character building group open to all boys of good character. However, it is in actuality a private organization that promotes the Judeo-Christian faiths. In some areas of North America, the Boy Scouts exclude as members youth who follow Hindu, Neopagan and Unitarian faiths. We also suspect that they exclude Buddhists, because of their atheistic beliefs. There appears to be no national policy on religious exclusion. The local "scouting councils" appear to establish policy in this area.

Chicago Ends Boy Scout Sponsorship - No more merit for discrimination

(Chicago) -- February 4, 1998 -- In a binding settlement agreement entered in federal court today, the city of Chicago formally ended all support for scouting programs as long as the Boy Scouts of America continue to discriminate on the basis of religious belief and sexual orientation.

"All Chicago citizens benefit from the city's decision to drop its support for scouting programs rather than attempt to defend BSA's discriminatory policies," said Roger Leishman, director of the ACLU's Gay and Lesbian Rights Project and lead attorney in the case.

"Hopefully, other state and local government entities providing support for BSA will take a cue from Chicago's action and end their sponsorship of these discriminatory programs."

For at least 30 years, Chicago operated youth programs affiliated with BSA and, under written agreements, had to include a religious element -- and exclude participants based on their religious beliefs and sexual orientation.

Among the more egregious aspects of the city's former sponsorship was its acceptance of BSA's "Declaration of Religious Principle," which states that no youth member of any scouting unit "can grow into the best kind of citizen without recognizing an obligation to God . . . The recognition of God as the ruling and leading power in the universe and the grateful acknowledgment of His favors and blessings are necessary to the best type of citizenship."

In a suit filed by the ACLU in federal court in February 1997, Rev. Eugene Winkler, pastor of Chicago's First United Methodist Church and an ACLU board member, challenged the city's operation of these programs as a violation of the First Amendment's separation of church and state. A second plaintiff, Kevin Poloncarz, challenged his exclusion from volunteering with the City Law Department's Legal Explorer Post as a gay man.

Fortunately, Poloncarz has been able to serve as an adult volunteer in another Legal Explorer program, operated by the Chicago Bar Association, where he and other law students and lawyers teach Chicago youth about their profession. ACLU believes that Poloncarz is the only openly gay man currently serving as a volunteer scout leader after challenging BSA's policies.

Winkler V. Chicago - Settlement formally ends Chicago Boy Scout sponsorship battle
Spring 1998

Call it a first-class piece of legal work.

In a binding settlement agreement entered in federal court last month, the city of Chicago formally ended all support for scouting programs as long as the Boy Scouts of America continue to discriminate on the basis of religious belief and sexual orientation.

"All Chicago citizens benefit from the city's decision to drop its support for scouting programs rather than attempt to defend BSA's discriminatory policies," said Roger Leishman, directory of the ACLU's Gay and Lesbian Rights Project and lead attorney in the case.

"Hopefully, other state and local government entities that support BSA will take a cue from Chicago's action and end their sponsorship of these discriminatory programs."

For at least 30 years, Chicago operated youth programs affiliated with BSA and, under written agreements, had to include a religious element -- and exclude participants based on their religious beliefs and sexual orientation.

"Obligation to God" questioned

Among the more egregious aspects of the city's former sponsorship was its acceptance of BSA's "Declaration of Religious principal," which states that no youth member of any scouting unit "can grow into the best kind of citizen without recognizing an obligation to God... The recognition of God as the ruling and leading power in the universe and the grateful acknowledgment of His favors and blessings are necessary to the best type of citizenship."

In the suit, filed in federal court in February 1997, Rev. Eugene Winkler, pastor of Chicago's First United Methodist Church and an ACLU board member, challenged the city's operation of these programs as a violation of the First Amendment's separation of church and state. A second plaintiff, Kevin Poloncarz, challenged his exclusion from volunteering with the City Law Department's Legal Explorer Post as a gay man.

Radical Change

In response to the settlement, on February 12, BSA announced a radical change to its 63-year old Explorer program. As of August 1, 1998, all career-oriented Explorer programs (like those formerly operated by Chicago) will no longer be subject to membership policies that discriminate on the basis of sexual orientation and religious belief. Nevertheless, the Boy Scouts' discriminatory policies will continue to apply to many other scouting programs, including some operated by federal, state, and local government entities.

In addition to this case, which challenged the city's sponsorship of BSA programs, another pending lawsuit is taking on the Scouts' own discriminatory employment policy. Our successful challenge to the Boy Scout's anti-gay employment policy under the Chicago Human Rights Ordinance, Richardson v. Chicago Area Council, is currently on appeal in the Illinois courts.
 

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