The Boys Scouts of America is hailing the Supreme Court decision upholding their policy of banning gay leaders as the final word — the right to free association includes the right to disassociate. Is there a merit badge for wishful thinking?
BSA enjoys an unusual quasi-public status. It has a federal charter. Throughout the country, many troops are sponsored by local governments, by schools and by a host of organizations that receive public funds. The only thing as inevitable than the coming avalanche of lawsuits challenging this taxpayer support of discrimination is the wave of rulings finding it unacceptable. The Supreme Court’s 5-4 ruling does not legitimize prejudice; it merely asserts that the First Amendment overrides a New Jersey anti-discrimination law. No argument with that: Confirming the supremacy of the U.S. Constitution over state law is hardly groundbreaking.
But beyond legal concerns, BSA should realize that free association works both ways. Acceptance of gays and lesbians in society is growing, more and more Americans are coming to realize that sexual orientation has nothing to do with sexual predation; the attitude BSA embraces is becoming increasingly offensive. BSA relies not just upon support from public entities; it relies upon support from the public — parents, businesses, neighbors.
The case that brought this to the Supreme Court’s attention is instructive. James Dale was an eagle scout, an outstanding teen who, in 1988 at age 18, volunteered to be an assistant scoutmaster in his hometown of Matawan, N.J. He volunteered to serve Troop 73 because no adult would; he did so at a time when several troops in the area had folded due to a lack of adult leaders; by all accounts he was an excellent assistant scoutmaster.
He was dismissed by the local scouting council in 1990, not for any improprieties or questionable conduct, but for being identified in his college newspaper as a leader of a gay and lesbian campus organization. Today, Troop 73 no longer exists. It folded several years ago — the persistent problem of dwindling ranks and a lack of adult leaders.
American society clearly is marching in one direction, toward inclusion and acceptance. The Supreme Court ruling upholds the right of the Boys Scouts of America to march in the other. If it stays on that heading, it will surely squander public funding and goodwill, and scouting will be smaller and increasingly out of step.
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