Bill Assures Jamboree Funding and Equal Local Treatment For Boy Scouts

While the Defense Appropriations Act (H.R. 2863) yesterday stumbled temporarily over ANWR oil drilling, less attention has been given to another provision in the Conference version of the bill. This provision, almost certain to eventually be adopted, directs the Pentagon to continue to provide support for the National Boy Scout Jamboree. This directive was included despite a federal court ruling last June finding that, given the scouts' substantial religious component, such support violates the Establishment Clause. (See prior posting.)

Buried in Section 8173 of the 293-page appropriations bill, the provision is part of the "Support Our Scouts Act of 2005" contained in the Defense Appropriations Act. A press release from Senate Majority Leader Bill Frist who authored the provisions praised the bill.

[CORRECTED] The Act also requires state and local governments that receive federal housing funds and community development money to afford equal access for the Boy Scouts to meet in public facilities that are open to other groups. Yesterday's 365Gay reports that Congressman Barney Frank objected to the provision, saying:

The Boy Scouts of America have been found by States and cities to be violating their anti-discrimination policies with regard to both sexual orientation and religion, and some cities have said that they do not want anyone who fails to follow their State or city's policy getting free facilities. That I suppose can be debated or not as to whether it is right or wrong, but it does not seem to me that there is any argument for having it in the Armed Services authorization bill in a Congress run by supposed States rights conservatives, a provision that says to every city in America you will let the Boy Scouts use your facilities for free whether or not you think they violate the law against discrimination based on religion or sexual orientation.