By: Marilyn Burge Re: Boy Scots Finally Lose One On January 18, 1996, the Commonwealth of

By: Marilyn Burge
Re: Boy Scots Finally Lose One

On January 18, 1996, the Commonwealth of Pennsylvania Human Relations
Commission issued a finding of Probable Cause in the case of Margaret Downey-
Schottmiller v. Chester County Council of the Boy Scouts of America.

Margaret LDowney, an AHA board member, had filed a complaint with the
commission on behalf of herself and her son, Matthew, alleging unlawful
discrimination by the BSA, which had refused to permit her to become an adult
volunteer and her son to become a Boy Scout because they would not declar a
belief in God.  The Boy Scouts of America, in turn, denied the unlawful
discrimination, asserting that membership in the BSA is "not an  accommodation,
advantage, or privilege of a public accommodation" and that "the Boy Scouts are
distinctly private within the meaning of the act; that all persons seeking
youth or adult membership must agree to observe the Scout Oath and Scout Law,"
which includes reference to God.

Pursuant to its federal charter and bylaws, the Boy Scouts of America is
mandated to makescouting available to all boys who meet entrance age
requirements irrespective of race, religion, or ethnic origin.  However, in
August 1992, the BSA told Margaret LDowney and her son that it required them to
"acknowledge the existence of God as a condition of becoming a Boy Scout or an
adult volunteer."  Because of this stance, the commission concluded:

        Probable cause exists to credit the Complainant
        allegations that both she and her minor son were
        unalwfully discriminated against, in violation of
        Section 6(i) of the Pennsylvania Human Relations
        Act, because of religious creed when Respondent
        [the BSA] advised the Complainant that belief in
        the existence of God was a requirement to obtain
        the accommodations, advantages, facilities, and/or
        privileges offered to Boy Scouts and adult
        membership volunteers.

the Commission then ordered the BSA to immediately advice Downey and her son of
their right to apply for membership at the appropriate levels, to notify all
administrative personnel and volunteers in writing that "individuals who are
unwilling or unable to acknowledge a belief in God for religious reasons may
nontheless apply for and be accepted as scouts and/or volunteers"; and to post
and exhibit prominently the commission's public accommodations fair practices
poster, advising people of the rights guaranteed under the Pennsylvania Human
Rights Act.

A meeting is scheduled for February 29, 1996, between Downey and the Boy Scouts
to discuss these terms and conditions.  The important precedent established by
the commission's decision is its rejection of the BSA's assertion of their
"private" nature -- the rejection based upon the BSA's own statement of purpose
and the nature of its actual recruiting and membership policies.  Hopefully,
this decision will influence other cases pending elsewhere.

Source:  Free Mind, Volumn XXXIX, Number 2, March/April 1996 (membership
newsletter of the American Humanist Association).

... Never underestimate the power of stupid people in large groups.

--- PPoint 2.00
 * Origin: So What's Yer Point? (1:105/40.666)