<I have not yet found an instance where a boy has been kicked out of Scouts involuntarily for being atheist, Muslim, Bhuddist, animist, or a minion of Cthulhu.

You are correct: my son was not kicked out. He read the handwriting on the wall and quit. He understood quite well that the reason he was allowed to participate was because his family finessed the religion issue for him, and he knew that that was dishonest. He wanted to participate based on who he was, and not on who the BSA needed him to pretend to be. We have no idea how many boys quit or don't join because of these considerations because only a very small fraction ever sue. We didn't sue; we merely withdrew financial support.

Your example of a Catholic kid trying to join the B'nai B'rith is way beside the point. The B'nai B'rith never has characterized itself as anything other than a religious organization, and would never go to Notre Dame High School to recruit members. The BSA bills itself as a civic organization providing wholesome group activities for all boys. It's only after the recruitment phase is finished that the "all boys except you" part comes up.

If there is such a case, someone please flag me on it.

As I said, only the ones who sue make the papers. To wit:

[excerpted from American Atheists Flashline]

Michael and Terry Randall had joined the Cub Scouts at age 7; they noted that their pack leader had permitted them to omit any religious references in their oath. The twins were rejected from membership later, though, when they tried to participate in a new Scouting group after moving. Court intervention kept them in the program and they advanced up the Scouting ranks; recently, they were accepted as Eagle Scouts by their local troop subject to the approval of the national BSA organization. . . .



Chief Justice Ronald George, writing in the court's lead opinion, maintained that "Scouts meet regularly in small groups (often in private homes) that are intended to foster close friendship, trust and loyalty... The Boy Scouts is an expressive social organization whose primary function is the inculcation of values in its youth members." That picture described a different category than public accommodation, which the California Supreme Court has previously used to cover private country clubs and Boys Clubs which operate buildings and programs for use by the general public.

James Randall, father of the twins, told a press conference yesterday, "I just hope that the Boy Scouts had the honesty and integrity that my sons have shown."

Atheists Have Taken Action...

Across the country, the "religious litmus test" required by the Scouts has elicited opposition from atheists and other civil libertarians. In Chicago, atheist civil rights activist Rob Sherman has protested government assistance to the Scouts; last June, Sherman objected to sponsorship of an Explorer Post program by the local police department, when his son Richard filled out a registration form but crossed out the references to a god oath. After initially accepting the application, the BSA then rejected Richard as a participant because he would not sign the religious portion of the Explorer Code.

Mr. Sherman objected to any sponsorship of the BSA program by government, including the local police department. "The Constitutions of the United States and of the State of Illinois unambiguously establish that government agencies are not permitted to discriminate, on religious grounds, in the provision of services," noted Sherman.

In July, 1997, Mr. Sherman and his son filed suit, citing the relevant passage of the Explorer Code:

"I believe that America's strength lies in our trust in God and in the courage, strength and traditions of our people..."

The Shermans then noted that the local police department "is an agency of the Village of Buffalo Grove municipal government," their home town, and that:
"The United States Constitution, Amendment I, states: 'Congress shall make no law respecting an establishment of religion...'"

Other arguments in the Sherman suit cited the Equal Protection Clause, and Section 3 of Article 1 of the Illinois Constitution, "Religious Freedom" which states, in part, that "no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions..."

Sherman won his case, and the Buffalo Grove Police Department does not sponsor any discriminatory Scouting programs.

Another on-going case has involved Nancy Powell of Portland, Oregon. She has objected to the use of local public schools as recruiting grounds by the Boy Scouts, insisting that the practice violates state-church separation. Powell's son wanted to join Scout activities, but she told the Portland Oregonian newspaper last year that he couldn't since the family accepts "science, not supernatural beings."

A Special Relationship With The State

The Scouting program is far more than a private club; it enjoys a special relationship with governments, especially the federal government. BSA formally incorporated on February 8, 1910 and was "Chartered by Congress" in 1916. It is one of several dozen "Patriotic Societies and Observances" listed under the United States Code, Title 36, groups which include The American Legion, Daughters of the American Revolution, Navy Club of the United States of America, Civil Air Patrol, Little League Baseball, Inc., Gold Star Wives of America, and Former Members of Congress. It is this special status -- acting under a Congressional Charter -- which critics of Scout discrimination say should qualify the BSA and its programs for coverage under anti-discrimination statutes. In addition, the President of the United States is consider the honorary head or "Commander-in-Chief" of the Boy Scouts organization.



How ironic that, in view of conservatives' ire at Bill Clinton's sexual misbehavior in office and the BSA's strenuous (though selectively enforced) policy on sexual morality, that the American Atheists are the ones who called for Clinton to resign as titular head of the BSA, and not the BSA itself.

As far as I know, the Randall twins have continued in the BSA, but as a result of court action, not any act of leniency, generosity, or tolerance on the BSA's part. Their initial experience in the Cub Scouts reflects what Steve said about how he would approach this issue in his pack. He is to be commended for implying that he would defy official BSA policy to consider the needs of the child.

More on the Powell case can be found at the United States Atheists website. I find it alternately amusing and infuriating that, in spite of sworn testimony by high ranking officials of the BSA, as recorded in Mrs. Powell's chronology of her case, people directly involved in the case persist in saying that they don't believe the BSA discriminates on the basis of religion. So I guess I can understand that you don't believe it either.

These are the squeaky wheels, and we all know that those willing to go to court are the minority. Doesn't it make you wonder how many boys have had experiences like this and never spoke out? Or does being part of the in-group make one less sensitive to considerations like that? Does the BSA admit people based on who they are and how they act, or are labels more important that identity and behavior?

If the BSA wants to be a private club, that's fine. Let them voluntarily give up all the privileges of their Congressional charter.

Regards--
Mary Anne