January 5, 2001
In 1999, the Commission on Social Action of the Union of American Hebrew Congregations passed a resolution on the Boy Scouts of America. This resolution, recommending actions in protest of the BSA's discriminatory policy on gay men, was predicated on the hope that a Supreme Court decision would force the Boy Scouts of America to change their policy.
However, the June 2000 decision upheld the rights of the Boy Scouts, as a private organization, to maintain
their policy of discrimination, prompting the CSA to reshapes its response.
In its new policy, which was mailed out to congregations this week, the CSA reached the painful decision to recommend that congregations sponsoring or housing troops/packs withdraw sponsorship and/or stop housing those troops/pack s effective immediately and that families remove their children from other scout troops.
However, we understand that many are not ready or able to make that decision and prefer
to continue to work from change from within. Therefore, the memo also details a number of protest actions congregations can take, while retaining a working relationship with the Boy Scouts of America.
The memo is available on the Commission on Social Action website, at UAHC.org.
If you have any questions or comments, please contact Sari Laufer, Legislative Assistant at the Religious Action Center (202-387-2800, or email@example.com).
Rabbi Marc D. Israel
Joint Commission on Social Action
January 5, 2001
To: UAHC Congregations
From: Rabbi Dan Polish, Director of the Commission on Social Action
Judge David Davidson, Chair of the Commission on Social Action
Re: Boy Scouts of America
In 1999, the Commission on Social Action sent you a resolution on the Boy Scouts of America (BSA), recommending options for action in advance of a then-pending Supreme Court action on a New Jersey case that would have ended the Boy
Scout's policy of discrimination against gay scouts and scout masters.
The Religious Action Center filed as an amicus curiae in the Supreme Court case, voicing our disagreement with the Boy Scout's discriminatory policy. However, on June 28, 2000 the U.S. Supreme Court, by a 5-4 vote, overturned the New Jersey decision and affirmed the right of the Boy Scouts to discriminate on the basis of sexual orientation. Since then, the Boy Scouts of America has given no indication
that it will change its position.
Following the Supreme Court decision, a number of groups across the country have expressed disagreement with the Boy Scout's policy. Nationwide, the BSA has lost financial support from corporations and organizations, including Chase Manhattan Bank, Levi Strauss, and several local United Way chapters. In addition, at least nine public school districts-including the New York City public schools and the San
Diego school system-have ended school sponsorship of Boy Scout troops and Cub Scout packs. The Los Angeles City Council, in December 2000, voted to cut all ties to the Boy Scouts, including the practice of allowing the use of public facilities without charge.
The UAHC and the CCAR have been strong voices in the fight to end all discrimination based on sexual orientation and in advocating for full equality of gays
and lesbians in all aspects of congregational life. In addition to last year's Commission on Social Action resolution, NFTY, NFTB, and the CCAR have all adopted resolutions condemning the Boy Scouts' exclusionary policy1.
In light of the Supreme Court decision, many congregations have asked us for further guidance in responding to the latest developments. While we maintain our hope that the Boy Scouts of America will abandon its discriminatory policies, its
lack of response to the many expressions of disagreement and disappointment with the policies gives us little basis for optimism. Therefore, and with pain, we must recommend that congregations sponsoring/housing troops/packs withdraw sponsorship of a troop/pack and/or stop housing one.
If a congregation or congregational affiliate that sponsors or houses a Boy Scout troop/Cub Scout pack shares our conclusion that working from within the Boy
Scouts of America is no longer a viable or productive option, it may wish to sever those ties as incompatible with our consistent belief that every individual-regardless of his or her sexual orientation-is created in the image of God and is deserving of equal treatment. If it does so, we encourage the congregation or congregational affiliate to make the action and the rationale known to the Boy Scouts of America and to the public as a means of education on this issue.
In addition, we recommend that parents with children in non-Reform affiliated troops withdraw their children from troops/packs. We recognize the difficulty of this parental decision, yet we also understand that many individuals find it impossible to reconcile the Boy Scout's discriminatory policy with our Reform Jewish values regarding gay and lesbian equality. Parent's decisions may be influenced by the
response of the leadership of the troops/packs to which their children belong to the position of the Boy Scouts of America Association.
Even while making those difficult recommendations, we recognize that each congregation and each set of parents must, in the final analysis, make its own decisions, and that there remain many who believe that it is important to work for change from within the Boy Scouts organization. For these reasons, the
Commission recommends the following range of options to those who are not yet able or willing to withdraw from the BSA:
Publicly amend the local charter: While the Boy Scouts of America does not officially recognize these individual charter agreements, and can still expel a gay scout or leader, adding a non-discrimination clause makes an important statement. As suggested in the CSA 1999 resolution, UAHC congregations that sponsor Boy
Scout troops/Cub Scout packs have the right to create their own charters and detail their own admissions guidelines. A congregation that sponsors a Boy Scout Troop can review its charter and make necessary changes in order to clarify its openness to all members, regardless of sexual orientation. To further emphasize its commitment to values of equal treatment, a congregation may send a copy of that version to the Boy Scouts of America. At this time, the Boy Scouts of America has
not responded to these changes with punitive measures such as derecognition of the charter or expulsion of the troop/pack. However, according to their by-laws, it is their right to do so.
Withdraw financial support of the Boy Scouts of America: As suggested in the 1999 CSA resolution, individuals who are members of UAHC congregations can withdraw charitable donations to the Boy Scouts of America. Congregants and
congregations who wish to do more can lodge their concerns with their local United Way, school systems, and other sponsors or funders of local Boy Scout troops/Cub Scout packs.
Continue official protests to the Boy Scouts of America: This option allows a congregation to affirm its support for Reform Jewish policies on gay and lesbian equality while maintaining support for the many affirmative aspects of scouting.
Congregations and members of the clergy are in a position to protest the Boy Scouts officially, on the local, regional, and national level. Official calls and letters from the congregation constitute a particularly powerful voice for change.
Continue personal protests to the Boy Scouts of America: Personal letters, phone calls, or even visits to local, regional, or national Boy Scout offices make a strong statement showing commitment to the Boy Scouts, while at the same time
explaining deep disappointment with the choices they have made and continue to make. Every congregant can engage in such protest, either as a member, a parent, or simply a concerned citizen.
Renounce personal ties with the Boy Scouts of America: Public renunciation of Boy Scout rank and/or membership by adult men makes a very powerful statement.
Publicly create programs, both for Boy Scout troops/Cub Scout packs and for
congregations as a whole, to combat the message sent by the Boy Scouts of America: Membership in the Boy Scouts of America is a strong formative experience for boys, but it is up to us to turn that experience into one in keeping with our own values. We can use this opportunity as a way to teach positive lessons of inclusion. Rabbis and educators can work with lay leaders and scout masters to develop programming within the framework of Boy Scout lessons, in order to teach
the boys involved our objection to any kind of prejudice and discrimination on the basis of sexual orientation, inclusion in general, and our belief in the evils of all forms of discrimination.
Beyond programming for Boy Scout troops/Cub Scout packs, it is important to use the synagogue as an education forum for all. Present programs and offer classes within the synagogue's educational framework about equality, and the Reform
Movement's positions regarding total inclusion of gays and lesbians.
Create and work within coalitions: For the most part, non-religious groups have taken center-stage in fighting Boy Scout policy. As religious groups are generally considered to be moral leaders, taking a vocal role in coordinating efforts to fight this discrimination could make a real difference. Religious groups alone have a powerful voice; together that power can only grow. Work on a local, regional and
national level to build coalitions with religious and other groups concerned about this issue. Use these coalitions as another voice through which to speak to the Boy Scouts. The Lambda Legal Defense Fund is compiling a list of currently existing coalitions on the local level, which is available from the Religious Action Center. In addition, Scouting for All, an organization made up mainly of troop leaders, scouts, and scouting parents with the ultimate goal of getting the BSA to rescind its
discriminatory policy, is currently expanding its Alliance program to continue to address this issue. Information is available on their website at http://www.scoutingforall.org.
Encourage participation in other groups instead of the Boy Scouts: While the Boy Scouts of America is certainly the most well-known organization for young men, there are other organizations whose policies are not in conflict with our beliefs.
Some examples of these groups include 4-H Clubs, Boys and Girls Clubs of America, and Campfire Girls and Boys.
Please note that we will be alerting the media as to this decision. If you have any questions about the recommendation or about how to handle press calls, please do not hesitate to contact any of us, or Sari Laufer, Legislative Assistant at the Religious Action Center (firstname.lastname@example.org, 202-387-2800).
Operative excerpts from previous Reform Movement Resolutions include:
Let it be further resolved that NFTY encourages all of its members to divest from the Boy Scouts of America and all other organizations affiliated with the Boy Scouts having the same policy financially and to withdraw their membership from the Boy Scouts until basic civil rights are extended to include homosexuals.
-NFTY Executive Board 1992-1993
Therefore let is be resolved that the Central Conference of American Rabbis calls upon the Boy Scouts of America to open its membership and leadership to all men and boys without regard to their sexual orientation, and that the CCAR begin discussions with the Boy Scouts on this matter.
-CCAR April 9, 1992
NOW, THEREFORE the North American Federation of Temple Brotherhoods resolves to:
Inform its members that the exclusionary policy of the Boy Scouts of America is
irreconcilable with the positions of the Union of American Hebrew Congregations and its constituent organizations and commissions;
Urge its members that currently sponsor or consider sponsoring troops to convey to the Boy Scouts of America the evils of all forms of discrimination including that based on sexual orientation and to encourage the Boy Scouts of America to end its discriminatory policy.
-NFTB December 1999
NATION'S LARGEST JEWISH ORGANIZATION LAUDS NEW JERSEY COURT DECISION BANNING DISCRIMINATION BY BOY SCOUTS OF AMERICA
Saperstein: "The Justices made clear that they find discrimination on the basis of sexual orientation repugnant. So do we, and so should the Boy Scouts."
Contact: Jeff Mandell or Adina Rosenbaum,
WASHINGTON, August 5, 1999 - Rabbi David Saperstein, Director of
the Religious Action Center of Reform Judaism, lauded yesterday's New Jersey Supreme Court decision that the Boy Scouts of America may not discriminate against scouts on the basis of sexual orientation. "The Court's clear and unanimous action sends a powerful signal that discrimination on the basis of sexual orientation is unacceptable in our society," he said.
The Religious Action Center, in keeping with long-standing policy
against discrimination on the basis of sexual orientation, joined an amicus brief supporting James Dale, a twenty-year old boy who had been a model scout until he had his membership revoked because of his homosexuality and subsequently sued the Boy Scouts of America, in his suit against the Boy Scouts of America.
The full text of Saperstein's statement follows:
We applaud yesterday's decision by the New Jersey Supreme Court requiring the Boy Scouts of America to stop discriminating against homosexuals who wish to participate in scouting activities. The Court's clear and unanimous action sends a powerful, and welcome, signal that discrimination on the basis of sexual orientation is unacceptable in our society.
- The Boy Scouts of America has long had a policy barring gays
from becoming scouts or adult volunteers. The Boy Scouts' attempt to defend their discriminatory practices as protected First Amendment conduct is offensive to the cherished freedoms that the First Amendment, in fact, guarantees. The Justices made clear that they find discrimination on the basis of sexual orientation repugnant. So do we, and so should the Boy Scouts. Rank discrimination should have no place in an organization that
aspires to inculcate fundamental American values in our nation's boys.
- We Jews are all too aware that the denial of basic human dignity can lead to a denial of civil rights and violence based on bigotry. And, we are aware that teaching our youth, by word or by deed, that discrimination is acceptable can only lead to the perpetuation of ignorance, prejudice, and rifts in society. The Jewish tradition teaches us that all human beings are created b'tselem elohim-in the image of God. Discrimination against any
person arising from apathy, insensitivity, ignorance, fear, or hatred is inconsistent with this fundamental principle. We commend the New Jersey Supreme Court for its unequivocal ruling, and for its powerful example.
# # #
The Religious Action Center of Reform Judaism
is the Washington office of the Union of American Hebrew Congregations and the Central Conference of American Rabbis, representing 1.5 million Reform Jews and 1,800 Reform rabbis in more than 875 congregations throughout North America. +
LEADER OF REFORM JEWS ASKS BOY SCOUTS OF AMERICA
TO REVERSE ITS ANTI-GAY ADMISSION POLICY
Union of American Hebrew Congregations
SERVING REFORM JUDAISM IN NORTH AMERICA
The Union of American Hebrew Congregations has urged the Boy
Scouts of America to reverse its policy of barring gays from becoming scouts or adult volunteers.
In a letter to Richard Leet, president of the Boy Scouts of America, Rabbi Alexander M. Schindler, president of the UAHC -- central body of Reform Judaism in North America -- noted that many youngsters in the Reform community are involved in scouting and that a number of member-congregations sponsor Scout troops.
Rabbi Schindler said in his letter: "I am writing to you because of a conflict in policy between our two organizations which creates ramifications for members of our community. I refer to our strongly held and public position in support of human rights, including the rights of lesbians and gay men, and specifically in support of full inclusion of lesbian and gay Jews in all aspects of synagogue life.
"It is my hope the Boy Scouts of America will reconsider its position."
The Reform Jewish leader praised the Scouts' emphasis on traditional family values as "being necessary components of a strong, healthy society" but disagreed that these values exclude gay men
and lesbians. He commented: "We, too, are justly concerned about nurturing our young people in a society that emphasizes family values. We disagree that these values exclude gay men and lesbians "We stand firm in our belief that all people have basic rights, regardless of their sexual orientation."
For this reason, he said, "we have admired the focus of Scouting on
teaching the moral imperatives of citizenship in the community, in the nation, and in the world. Surely only when we reach out to all citizens do we learn what it means to be in a community -- to be part of a community "We Jews are too aware that the denial of basic human dignity can lead to a denial of civil rights and violence based on bigotry.
We are aware of the prevalence of anti-gay violence in our society
and the percentage of this violence which is perpetrated by adolescents.
"We ask the Boy Scouts to play a leadership role in fostering respect for the basic human dignity of all."