104 Human Resources Management for Public and Nonprofi t Organizations
The New Jersey Supreme Court ’ s analysis of the public nature of the
Boy Scouts is shared by many. The BSA decision to exclude homosexuals
has become controversial. The State of Connecticut, for example, dropped
the Boy Scouts from the list of charities that receive donations through a
state employer payroll deduction plan. When the Boy Scouts sued the state,
saying that the ban was unconstitutional, it lost in two federal court deci-
sions, and the U.S. Supreme Court declined to hear the case, letting the
lower court rulings stand ( Boy Scouts of America v. Wyman , 2003; Boy Scouts
of America v. Wyman , 2004). Connecticut has banned the Scouts from using
public campgrounds or buildings. Fifty - three local United Way offi ces have
revoked their funding of the Boy Scouts until the BSA rescinds its policy
of discrimination against gays and atheists. Many school districts across
the country also restricted access to their schools for meetings and events,
prompting the passage in 2003 of The Boy Scouts of America Equal Access
Act. The legislation prevents public schools and local educational agencies
that receive federal funds from denying equal access and fair opportu-
nity to meet, or from discriminating against groups offi cially affi liated
with the Boy Scouts of America or any other youth group listed in Title 36
of the U.S. Code as a patriotic society for reasons based on the member-
ship or leadership criteria or oath of allegiance to God and country.
Although the act no longer permits school districts to have the right
to restrict access by the Boy Scouts to their facilities (without jeopardizing
federal funds), private corporations such as Levi Strauss and Company,
J. P. Morgan, American Airlines, Wells Fargo of Portland Oregon, Hewlett
Packard, the Providence Journal , IBM, Textron, and CVS Pharmacy have
withdrawn hundreds of thousands of dollars in support to the Boy Scouts
(Zernike, 2000).
On November 15, 2004, the Defense Department agreed to end its
direct sponsorship of Boy Scout troops in response to a religious discrimi-
nation lawsuit brought by the ACLU. The ACLU of Illinois charged that
the BSA required troops and pack leaders and, in this case, government
employees, to compel youth to swear an oath of duty to God. The ACLU
charged that this policy violates the religious liberty of youth who wish
to participate but do not wish to swear a religious oath and that direct
government sponsorship of such a program is religious discrimination.
The settlement does not prohibit off - duty public employees from spon-
soring Boy Scout troops on their own time, and the Boy Scouts will still
have access to any military facilities that are currently made available to
other nongovernmental organizations (American Civil Liberties Union
[ACLU], 2004).