[17591] in APO-L

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Re: BSA discrimination

daemon@ATHENA.MIT.EDU (Jeremy Licata)
Mon Nov 17 17:39:14 1997

Date:         Mon, 17 Nov 1997 14:37:05 PST
Reply-To: Jeremy Licata <dcnblus@HOTMAIL.COM>
From: Jeremy Licata <dcnblus@HOTMAIL.COM>
To: Multiple recipients of list APO-L <APO-L@VM.CC.PURDUE.EDU>

Ryan, Will, those interested in BSA/Discrimination actions:

>Actually, in all respects the Boy Scouts has sucessfully defeated >many
lawsuits concerning religion and sex.

This is correct. BSA has successfully defended itself from several
lawsuits pertaining to religious tolerance, gender and sexual
orientation.

>The reason it is able to requir "NO OBJECTION" to religious >activities
in scouts is because we are founded on the ideals of God.

This, however, is not correct. BSA cannot be held liable in
discrimination cases because it has been established as a "Private
Organisation." This means that BSA may set up its rules, regulations and
practices within the its own guidelines, so long as those rules are not
based on the practice of criminal activities. Neither the State
governments nor the US Goverment may impinge upon their rights of
peacable assembly, nor may they impose moral stricture upon such an
organisation.

ie: You may have a "Private Organisation" that believes that all Six
Fingered Men killed their fathers. You may not, according to US law,
create this "Private Organisation" for the purpose of killing all Six
Fingered Men.

Understand, however, that when BSA Incorporated hires individuals for
their corporate or district offices, they are bound by Federal and State
Employment regulations that expressly prohibit discrimination.

>Being well versed with BSA policy, I challenge your statement above
>that claims that the BSA discriminates on the basis of gender, sexual
>orientation, or religion.

Someone is obviously not so well versed with BSA policy. Although it is
not expressly stated by the corporation, BSA has maintained an active
policy against Female Youth Membership, Homosexuality and Religious
Tolerance. I have known some women that did not have a girl scout troop
nearby, or their brothers were in Cub Scouts/Boy Scouts, that were
denied membership. I know some Eagle Scouts that have been stripped of
their rank because it was found out later that they were homosexual or
did not believe in the approved doctrine of "God."

>I feel that I could disprove any of your misconceptions.  If you take
>things out of prospective it may appear to be so, but it is not.  >Even
what appears to be obvious discrimination against not allowing >girls
into the BSA has not once been overturned in the many many >times it has
gone to our legal system.

The evidence of discrimination is not a misconception. It is BSA policy.
And you are right that it has not been overturned within the US legal
system, expressly because of their corporate structure. If they were to
receive one cent of US Government money, they would be subject to
Governmental rules regarding the prohibition of discriminatory
practices. But they're not.

I wouldn't mind if BSA opened up their doors so that everyone so
inclined could embrace their ideals. It did a lot of good for me -- I'd
like to be able to share that. But they have stood by their guns, and
they're not about to give in to "Political Correctness" or any such
"FAD."

:jeremy (AKA Tanner)

Eagle Scout, Class of 1988
APO Brother, In Leadership, Friendsship and Service since 1990
Exceptional Cookie Baker since 1993

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