BARNES-WALLACE V BOY SCOUTS OF AMERICA U.S. Court of Appeals for the Ninth Circuit (04-55732), ORDER CERTIFYING QUESTIONS TO THE SUPREME COURT OF CALIFORNIA, December 18, 2006.
Eugene Winkler V Donald H. Rumsfeld U.S. Court of Appeals for the Seventh Circuit. (05-3451), Brief for Amicus Curiae the American Legion, November 4, 2005.
Barnes-Wallace v. Boy Scouts of American, U.S. Court of Appeals for the Ninth Circuit. (04-55732 and 04-56167), Brief for Amicus Curiae the United States, February 15, 2005.
Barnes-Wallace v. Boy Scouts of America Order granting in part and denying in part cross-motion for summary judgement, US District Court Southern District of California, July 31, 2003. Concludes that BSA is a religious organization.
Congressional Bills,, Executive Orders, United States Code, and Federal Regulations
Bills
Support Our Scouts Act of 2005. In July of 2005, the Senate voted 98 to 0 to include the bill in the National Defense Authorization Act for Fiscal Year 2006 (H.R.1815, Sec. 1058 "SUPPORT FOR YOUTH ORGANIZATIONS."), which was signed into law on December 30, 2005.
House
Resolution 5306 ("Scouts Honor Act"). September 26, 2000.
To prohibit the use of Federal funds to discriminate against
the Boy Scouts of America on the basis of beliefs promoted by
that organization or that organization's constitutionally
protected expression of beliefs or exercise of associational
rights, and for other purposes.
Executive Orders
Executive Order 13160. NONDISCRIMINATION ON THE BASIS OF
RACE, SEX, COLOR, NATIONAL ORIGIN, DISABILITY, RELIGION, AGE,
SEXUAL ORIENTATION, AND STATUS AS A PARENT IN FEDERALLY
CONDUCTED EDUCATION AND TRAINING PROGRAMS.
Executive Order 12731. Part 1 (h) "Employees shall act
impartially and not give preferential treatment to any
private organization or individual."
Housing and Urban Development Sec. 5309.* Nondiscrimination in programs and activities. Title 42--the Public Health and Welfare Chapter 69--community Development. BSA Councils receive Community Development Block Grants for traditional Scouting programs.
Department of Agriculture, Food and Nutriton Service.
Summer Food Service Program. 7 CFR 225 See
Parts 225.6(c)(4)(i) and (ii)(F) ,
225.7(d)(2)(i) and (g). Religion or creed are NOT
explicitly included in the non-discrimination statement
(covers "race, color, national origin, sex, age, or
handicap").
Parks, Forests, and Public Property. Water Resource
Development Projects. 36 CFR 312. See
Part 312.2. Presido Trust. 36 CFR 1005. See
Parts 1005.8 and
1005.9.
California
Education Code Section 220. Prohibits discrimination in
program or activity conducted by educational institution that
benefits from state financial assistance.
California Education Code Section 38131(b)(6) and 38134. Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination [38131]. ... any school district shall authorize the use of any school facilities or grounds to ... Boy Scouts [38134].
CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 4. Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.
CALIFORNIA CONSTITUTION ARTICLE 16 PUBLIC FINANCE SEC. 5. Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI.
Iowa Code Chapter 280 Section 3. "The board of directors
of a public school district shall not allow discrimination in
any educational program on the basis of race, color,
creed,sex, marital status or place of national origin."
Texas ADMINISTRATION OF BLOCK GRANTS SUBCHAPTER A.
GENERAL PROVISIONS 2105.004. Discrimination Prohibited and
SUBCHAPTER E NONRENEWAL OR REDUCTION OF BLOCK GRANT FUNDS OF
SPECIFIC PROVIDER 2105.202.(6) Rules; Considerations
Newdow v. US Congress, et al. US Court of Appeals for the 9th
District ruled that monotheistic Pledge of Allegiance public
school ritual violates the non-establishment clause.
Pool and Geller v. BSA and National Capital Area Council. District of Columbia
Commission on Human Rights ruled that Boy Scouts is a public
accommodation that violated the D.C. Human Rights Act by
refusing membership to homosexuals who are not gay
activists.
BOY SCOUTS OF AMERICA et al. v. DALE On June 28, 2000
U.S. Supreme Court ruled that Boy Scouts of America has a
first amendment freedom of expression association right to
prevent gay activists from being Scouters.
U.S. Court of Appeals for the Ninth Circuit (04-55732), ORDER CERTIFYING QUESTIONS TO THE SUPREME COURT OF CALIFORNIA, December 18, 2006.
