United Methodist Men to support New Jersey Boy Scout appeal

Sept.  20, 1999
News media contact: Linda Green

NASHVILLE, Tenn. (UMNS) -The United Methodist agency responsible for scouting ministries says the government does not have the right to dictate to a group what it religious beliefs should be.

During its Sept.17-19 meeting, the Commission on United Methodist Men agreed, in a roll call vote of 13 to 4, to support an appeal to the U.S. Supreme Court regarding a New Jersey court ruling against the Boy Scouts of America.   The men's group says that the Boy Scouts should have the right to set its own course without interference from the government.

In August, the New Jersey Supreme Court ruled that the Boy Scouts of America could not discriminate against a leader who is homosexual because of the  state's laws against discrimination. The court ruled the Scouts are a "place of public accommodation."  The court also ruled the Scouts are "public" because they are chartered by the federal government and receive aid from public groups such as schools, fire departments and the federal government, including the military.

The Commission on United Methodist Men -- which houses the Office of Scouting Ministry -- voted to join with the Church of the Latter Day Saints (LDS) in September 1998 in a friend of the court brief to the New Jersey Supreme Court in the case of James Dale verses the Boy Scouts of America.

By doing so, the commission voiced its support of the Boy Scouts to be allowed to select leadership in scouting in a historical and traditional manner, according to Larry Coppock, director of the Office of Scouting Ministry.  Other religious groups joining the brief were the Roman Catholic Church and the Missouri Synod Lutheran Church.

"It is important for us to join the appeal," Coppock said. "We are the number one charter organization of Boy Scouts of America and it is our belief that the Boy Scouts should be able to select and recruit leadership in accordance with their guidelines and principles."

Membership in the Boy Scouting organization through local United Methodist churches total more than 421,000 in 11,738 Cub Scout packs, Boy Scout troops and Venture crews. More than 8,000 United Methodist churches charter at least one scout unit.

According to the Rev. Joseph Harris, top executive at the commission, the decision of the United Methodist Men to join in this appeal is "a statement for the traditional Boy Scout way of choosing its leaders."

Two commission members said the body's decision to appeal is discriminatory and believe the New Jersey court decision should stand.

"I voted against the amicus brief because I cannot support any view that would imply that a person's gifts, participation or place in the church is dependent on his or her sexual orientation," said the Rev. Faith Conklin of Escondido Calif.  "I find it incompatible with Christ's teaching to receive persons into the membership and life of the church and then deny them the opportunity to practice their faith and commitment to be leaders and servants. Such action also conflicts and is inconsistent with our stated affirmation of the worth of every person and out commitment to reject justice denying policies of discrimination."

Although acknowledging the board's decision to support the brief, the Rev. Jeff Cox of Lynn Mass., said it is his belief that "out of our baptism we should not universally restrict lay people to participate in scouting ministries.

"It is sad that a national body will support eliminating people regardless of what sexual orientation means," he added. "We as a church keep putting up barriers to keep people out."

At the core of the appeal is the right of religious sponsors of scouting to decide the meaning, purpose of scouting and how it will be run, according to Alexander Dushku, an attorney representing the law firm of the LDS church and a drafter of the amicus brief.

He told the men's commission that this case of "public accommodation" verses "private" is broader than sexual orientation but has the potential to open the Boy Scouts of America organization up to issues from atheists and agnostics.  The Scouts Oath and Law is based on a belief in God.

Dushku said the religious groups are appealing the New Jersey Supreme Court decision because the Boy Scouts of America have a "First Amendment right to govern themselves and how they are going to conduct their affairs." He said religious sponsors of scouting also have a right to control how ministry functions.

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