In a pair of unanimous decisions, the California Supreme Court ruled March 23 that the Boy Scouts of America has the right to set their own membership policies because it is a private club rather than a public organization. Had the group been classified as a public organization, the Scouts would have been subject to the state's civil-rights laws and the rights of gays in the Boy Scouts may have been protected. The rulings affirmed the right of the Boy Scouts to exclude gays, agnostics, and atheists from its membership.
But the Boy Scouts' victory is more than dubious. The organization has been influencing impressionable boys for decades. But because of this ruling, the Boy Scouts will be allowed to continue the trend of homophobia and intolerance that already plagues the nation rather than aiding in the prevention of future social problems. Instead of teaching children to accept others regardless of sexual orientation or religious beliefs, the organization has fought for and, in the state of California, won the right to practice discrimination and narrow-mindedness.
The Scouts' policy is, according to the state's laws, legal. The California court ruled that the Boy Scouts, in spite of their practice of selling some goods to the public, is primarily a private social organization to which the state's civil rights law does not apply. And as a private organization, the Scouts can dictate admissions standards that include such requirements as religion and sexuality. But regardless of the legality of the Scout's private or public status, problems remain. The Scouts have decided to dictate a policy of ignorance and hate to a nation of young boys who join the Scouts looking not only for fun and friendship, but also to learn from their role models and build a better sense of self.
Similar challenges to the discriminatory practices of the Boy Scouts organization have been made nationwide with varied results. In addition to the California ruling, a New Jersey appeals court ruled on a similar case earlier this month that the Boy Scouts, as a public accommodation, cannot discriminate on the basis of sexual orientation. The Chicago Human Relations Commission also ruled that such discrimination violated the city's anti-discrimination ordinance. These decisions hold the Scouts to a legal level by which most organizations today are bound. While the Scouts is an organization with tremendous tradition and a strong following, its members will benefit more from a widening of diversity and acceptance than the recent closing of its doors.
The Boy Scouts intend to appeal the New Jersey case to the United States Supreme Court if necessary, but until a national ruling is handed down, it is incumbent upon the Boy Scouts of America to realize the error of their policies. It is the organization's duty to teach its scouts to "always be prepared" to face the world's diverse reality - that includes gays, agnostics and atheists.