Boy Scouts Will Admit Transgender Males

The Boy Scouts of America announced yesterday that it will accept and register youth in Cub Scout and Boy Scout programs based on the gender identity indicated on the application. This reverses a century old policy that relied on gender stated on the birth certificate to determine eligibility for single-gender programs.  New York Times reports on these developments. Under the new policy a trangender boy was invited back into a New Jersey Cub Scout pack according to NorthJersey.com.

California Judges Will Still Be Able To Lead Church Boy Scout Troops

January 21, 2016 is the effective date of an amendment adopted last year to the California Code of Judicial Ethics that eliminated previous exceptions to the ban on California judges holding membership in any organization-- other than a religious organization-- that discriminates on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation. A previous exception for non-profit youth organizations had allowed judges to continue their activities with the Boy Scouts.  (See prior posting.)

In a little-noticed Oral Advice Summary (full text) posted Nov. 12, 2015, the California Committee on Judicial Ethics Opinions opened the door to judges continuing to participate in church-sponsored scout troops that bar gay leaders. The Committee said in part:

The Advisory Committee commentary to canon 2C advises that determining whether an organization practices invidious discrimination depends on such "relevant factors as whether the organization is dedicated to the preservation of religious . . . or other values of legitimate common interest to its members. . . ."

Historically, BSA has prohibited youth and adult membership based on sexual orientation. In January, 2014, BSA adopted a policy that no youth will be denied membership on the basis of sexual orientation. In July, 2015, BSA adopted a policy that BSA employees and non-unit-serving volunteers will not be denied membership on the basis of sexual orientation. The policy also states that chartering organizations, such as those sponsoring local troops, have the right to select adult scout leaders based on the chartering organization’s religious and moral values concerning sexuality.

Given these policies, the requesting judge must determine for himself whether or not his church-sponsored BSA troop excludes adult gay members based on his troop’s commonly-held religious values concerning sexuality....

Yesterday News Now reported on the November Oral Advice.

Boy Scouts End Ban on Gay Adult Leaders and Employees, But Allow Church-Sponsored Troops To Refuse Gay Leaders

In a press release yesterday, the Boy Scouts of America announced:

On Monday, July 27, the National Executive Board ratified a resolution that removes the national restriction on openly gay adult leaders and employees. Of those present and voting, 79 percent voted in favor of the resolution. The resolution was recommended for ratification by the Executive Committee earlier this month. The resolution is effective immediately.

Chartered organizations will continue to select their adult leaders and religious chartered organizations may continue to use religious beliefs as criteria for selecting adult leaders, including matters of sexuality. This change allows Scouting’s members and parents to select local units, chartered to organizations with similar beliefs, that best meet the needs of their families. This change also respects the right of religious chartered organizations to choose adult volunteer leaders whose beliefs are consistent with their own.

Religion News Service yesterday reported on the 14-page Legal Memo (full text) that the Scouts received from their outside counsel titled Effect of Changes in Adult Leader Standard on Religious Chartered Organizations. The memo reads in part:

The change in the BSA policy would still allow units chartered by religious organizations that as a matter of religious belief consider homosexual conduct inconsistent with their religion to limit adult leadership in accordance with that belief. Units not chartered by religious organizations could not exclude homosexuals who otherwise meet the BSA’s high adult leader standards and the chartered organization’s standards.

All other leader requirements, including “duty to God,” would remain in effect for all chartered organizations....

We understand that some religious organizations are concerned that if they exclude homosexuals from leadership in Scouting units that they charter after the BSA changes its policy they will be vulnerable to lawsuits from the potential leaders they exclude. Those concerns should be allayed by the legal defenses that religious organizations have under place of public accommodation statutes and the First Amendment to the Constitution of the United States.

 The Boy Scouts removed restrictions on gays becoming scout members in 2013. (See prior posting.)