The Boy Scouts of
America (BSA), one of the largest private youth organizations in the United
States, has policies which prohibit atheists, agnostics and, until January
2014, prohibited all "open or avowed" homosexuals,
from membership in its Scouting program. The ban on "open or avowed"
homosexual adults from membership remains in effect. BSA has denied or revoked
membership status or leadership positions for violation of these foundational
principles. The BSA contends that its policies are essential in its mission to
instill in young people the values of the Scout Oath and Law.
The
organization's legal right to have these policies has been upheld repeatedly by
both state and federal courts. In Boy Scouts of America v. Dale, the Supreme
Court of the United States has affirmed that as a private organization, the BSA
can set its own membership standards. The BSA's policies have been legally
challenged but have not been found to constitute illegal discrimination because
as a private organization in the United States, the BSA has the right to
freedom of association, as determined in the court case. In recent years, the
policy disputes have led to litigation over the terms under which the BSA can
access governmental resources, including public lands.
These policies
have led to various disputes and controversies. In 2012, both Republican
presidential candidate Mitt Romney
and then President Barack Obama
stated that they opposed the ban on gay Scouts. On May 23, 2013, the BSA's
National Council approved a resolution to remove
the restriction denying membership to youth on the basis of sexual orientation
alone effective January 1, 2014. The policy for adult leaders remains in place:
"[BSA does] not grant membership
to [adults] who are open or avowed homosexuals".
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