As the U.S. Supreme Court decides whether the Boy Scouts of America has the right to exclude homosexuals based on the First Amendment, public schools are watching the developments with interest. The court recently announced that it will hear the Boy Scouts’ appeal of a ruling by the New Jersey Supreme Court that classified scouting as a public accommodation and therefore prohibited discrimination based on sexual orientation. The New Jersey court pointed out that the Boy Scouts have close relationships with public schools for recruitment and sponsorship purposes.
Opponents of the Boy Scouts’ policies, which prohibit gay youths and adult volunteers, as well as those who do not believe in God, have been urging schools and other public agencies to sever ties with the organization. In fact, the Illinois chapter of the ACLU has sued the Chicago school system, seeking an end to its sponsorship of scouting activities.
The Supreme Court has agreed to hear the case of Boy Scouts of America v. Dale (Case No. 99-699), bringing another high-profile case to its docket for this term. The case revolves around James Dale, an Eagle Scout who was expelled by scouting officials in 1990 because he was gay. Dale sued the Boy Scouts, arguing that their actions violated the state’s broad anti-discrimination statute, which includes protection based on sexual orientation. The New Jersey Supreme Court ruled in Dale’s favor, stating that the Boy Scouts is considered a "public accommodation" under the law due to its close relationships with governmental bodies like school districts.
The Boy Scouts of America has appealed to the U.S. Supreme Court, arguing that their moral code is inconsistent with homosexuality and that being forced to accept Dale into a leadership position would infringe on their First Amendment rights. They believe that if the state imposes its will on scouting in terms of sex, religion, and morality, it would fundamentally change the organization’s identity.
According to the Boy Scouts, around 10% of its 3.2 million participants in the U.S. are members of units sponsored by public schools. These participants include both boys and girls.
Opponents of the Boy Scouts’ membership restrictions have specifically targeted government sponsors, such as school districts, claiming that sponsoring Boy Scout units violates the constitutional separation of church and state because of the organization’s requirement to affirm a belief in God.
The Supreme Court will hear the arguments in the New Jersey case in April and is expected to issue a decision by the end of its term in late June or early July.
In a separate case last week, the Supreme Court declined to review a federal appeals court ruling that upheld a law allowing public school holidays on Good Friday and the Monday after Easter. The court held that the decision by the Montgomery County, Maryland, school district to close schools on those days for economic reasons did not violate the First Amendment’s establishment clause.
The Supreme Court has declined to consider federal voting-rights challenges regarding at-large school board elections in two districts in Texas. The justices made this decision without providing any comment. In doing so, they disregarded the advice given by the Clinton administration in a brief. The administration had recommended that either the Perez v. Pasadena Independent School District (No. 98-1747) or Valdespino v. Alamo Heights Independent School District (No. 98-1987) cases be reviewed to address a question regarding vote dilution in at-large elections.
Both cases involved groups of Hispanic voters who filed lawsuits under the federal Voting Rights Act of 1965. Their aim was to compel the establishment of electoral districts based on single-member representation.
