BILL ANALYSIS Ó
ACR 94
Page 1
Date of Hearing: May 8, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
ACR 94 (Morrell) - As Introduced: January 30, 2012
SUBJECT : BOY SCOUTS OF AMERICA: COMMEMORATION
KEY ISSUES :
1)EVEN THOUGH HURTFUL DISCRIMINATION BY PRIVATE ORGANIZATIONS
AGAINST AMERICANS ON THE BASIS OF SEXUAL ORIENTATION AND
RELIGION MAY BE TECHNICALLY LEGAL UNDER SUPREME COURT
DECISIONS, DOES THIS MEAN IT IS RIGHT AND therefore SHOULD BE
IGNORED IN OFFICIAL resolutions COMMEMORATing such groups?
2)if the legislature chooses to congratulate the boy scouts
because of the organization's many good works, should the
legislature nevertheless hold fast to its unwavering
commitment to non-discrimination by insisting that any such
laudatory resolution be amended to urge that the scouts
finally abandon their longstanding hurtful discriminatory
policies against some american families solely on the basis of
sexual orientation or religious perspective?
SYNOPSIS
This controversial resolution makes various findings to
congratulate the Boy Scouts of America (BSA) on its anniversary.
The resolution also appropriately recognizes the many
outstanding achievements and impacts the scouting program has
had on youth in California. As with similar resolutions
introduced in the past, the resolution again raises the very
troubling equality concerns expressed over many years by many
members of this Committee and the Legislature, as well as civil
rights groups and individuals, all of whom are deeply committed
to equality and nondiscrimination. Notwithstanding awareness of
this Committee's unwavering commitment to equality for all
Americans, proponents of the measure are intent on pursuing the
measure in its current form, passage of which, without an
express call for abandoning its discrimination, would put the
California Legislature formally on record commemorating an
organization that has long discriminated against individuals
solely because of their sexual orientation or religious views.
Recent reports underscore that the national scouts organization
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sadly and stubbornly continues to grasp on to its discriminatory
policies amidst heartfelt requests to discontinue it, not just
from without but increasingly from within the organization as
well. And the compelling stories of tragic hurt and pain that
these discriminatory policies have caused some American families
continue to receive national notoriety, regrettably clouding the
legacy and good works of this famous American institution. The
analysis notes that as recently as just last week a den mother
who was reportedly asked by fellow scout parents to serve in
that role, and reportedly was doing a good job, was nevertheless
ousted by the national scouts organization simply because of her
sexual orientation.
In a sincere effort to avoid unnecessary embarrassment to the
Boy Scouts of America and to try to reach a collaborative
result, the Chair of this Committee inquired if the author of
this resolution might be open to accepting an amendment to the
resolution to applaud the scouts' good works while at the same
time appropriately calling on the group to finally abandon its
anachronistic discriminatory policies. The Chair noted such
non-discrimination language was already contained in his and his
colleagues' ACR 128, also before the Committee, but that they
would be pleased not to pursue their resolution and instead
support this one if this nondiscrimination language was simply
added to this resolution as well. However the author's office
informed the Committee that this nondiscrimination language
would not be acceptable to the author, and the author wished to
proceed with this resolution absent such nondiscrimination
language.
Opponents of the resolution, who include groups and individuals
committed to equality and nondiscrimination, state that the
resolution "fails to note the BSA's historical and ongoing
discrimination" and argue that the Legislature should
"reconsider the language and intent of ACR 94 based on the State
of California's fundamental civil rights of all persons of
protected classes."
As noted below, for at least the past decade, at least a half
dozen similar resolutions seeking to commend this organization
-- notwithstanding its discriminatory policies -- have been
brought to this Committee with their authors refusing to accept
nondiscrimination language -- even though the Committee's
commitment to nondiscrimination is well known. All such
measures have failed due to the organization's continuing
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adherence to its discriminatory policies. The analysis suggests
that given the Committee's longstanding concern about the BSA's
discriminatory policies, the Committee may wish to inquire once
more of the author whether he is prepared to amend the measure
to add a statement encouraging the BSA to halt its
discriminatory policies so that Boy Scouts can be appropriately
recognized for the many good works that they have accomplished
over the past century.
SUMMARY : Seeks to commend the Boy Scouts of America on their
102nd anniversary without encouraging the organization to halt
its discriminatory policies that cause great pain and hurt to
some American families solely on the basis of sexual orientation
or religious perspective. Specifically, this measure :
1)Declares, among other things, that:
a) The Boy Scouts of America was inspired and modeled on
the Boy Scouts Association, established by Lord
Baden-Powell in the United Kingdom in 1908.
b) William D. Boyce, an American newspaper man, with Edward
S. Stewart and Stanley D. Willis, incorporated the Boy
Scouts of America on February 8, 1910, and applied for a
federal charter.
c) The Boy Scouts of America's goal is to train youth in
responsible citizenship, character development, and
self-reliance through participation in a wide range of
outdoor activities, educational programs, and
career-oriented programs in partnership with community
organizations.
d) In addition to nostalgic memories of campfires kindling
friendships, prominent leaders in all fields of endeavor
have credited the skills they learned in scouting as
helping mold them into successful citizens.
e) Scouting is operated locally through units sponsored by
churches, clubs, civic associations, educational
organizations and the like, which furthers their mission to
give back to their communities and units are led entirely
by volunteers.
f) Scouts have been urged to "Do a Good Turn Daily" from
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the inception of the scouting movement; Scouting for Food
is an on-going annual program, started in 1986, that
collects food for local food banks; and in 1997, the Boy
Scouts of America developed Service to America, with a
commitment to provide 200 million hours of service by youth
members by the end of the year 2000, which included service
projects with the National Park Service.
g) In 2008, the Boy Scouts of America honored its
two-millionth Eagle Scout; the United States Mint issued
350,000 Boy Scouts of America Silver Dollar Centennial
Commemorative Coins; the United States Postal Service
released the Celebrate Scouting commemorative stamp; and on
January 1, 2010, the Boy Scouts of America, for the first
time in its history, entered a float commemorating its
100th anniversary for the Annual Tournament of Roses Parade
held in Pasadena, California.
2)Resolves that the Assembly, with the Senate concurring,
congratulates the Boy Scouts of America on their 102nd
Anniversary and acknowledges that the Boy Scouts of America
have provided a strong program for youth for 102 years, and
commends the Boy Scouts of America for its accomplishments.
EXISTING LAW :
1)Provides, under the Unruh Civil Rights Act, that "Ŭa]ll
persons within the state are free and equal and, no matter
what their sex, race, color, religion, ancestry, national
origin, disability or medical condition are entitled to the
full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of
every kind whatsoever." (Civil Code section 51.)
2)Construes the protection of the Unruh Act broadly, holding
that its protections also cover gay men and lesbians, families
with children, persons under 18, and individuals who associate
with members of a protected class. (See, Rolon v. Kulwitzky
(1984) 153 Cal.App.3d 289; Hubert v. Williams (1982) 133
Cal.App.3d Supp. 1; Marina Point, Ltd. v. Wolfson (1982) 30
Cal. 3d 721; O'Connor v. Village Green Owners Assn. (1983) 33
Cal.3d 790; Winchell v. English (1976) 62 Cal. App. 3d 125.)
3)Provides, under the First Amendment and the California State
Constitution, a right to expressive association. (U.S. Const.
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Amend. 1 and Cal. Const. Art. I. Sect. 3.)
4)Provides that requiring the Boy Scouts to admit openly gay
people violates the group's First Amendment right of
expressive association ( Boy Scouts of America v. Dale (2000)
530 U.S. 640) and provides that the Boy Scouts are not a
"business establishment" under the Unruh Civil Rights Act with
respect to their membership policies and decisions. ( Curran
v. Mount Diablo Council of Boy Scouts of America (1998) 17
Cal.4th 670.)
5)Provides that a state does not violate the Boy Scouts' First
Amendment rights by terminating its participation in a state
workplace charitable campaign due to its discriminatory
membership policy. ( Boy Scouts of America v. Wyman (2003) 335
F.3d 80.) The United States Supreme Court declined to review
the case.
6)Provides that governmental entities in California may withhold
support from non-profit organizations that practice
discrimination on the basis of sexual orientation and
religion. ( Evans v. City of Berkeley (2006) 38 Cal.4th 1.)
The United State Supreme Court declined to review the case.
7)Declares discrimination on the basis of "race, color,
religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry,
familial status, source of income, disability, or genetic
information" against California public policy. (See, e.g.,
Government Code section 12922. Emphasis added.)
FISCAL EFFECT : The measure as currently in print is keyed
non-fiscal.
COMMENTS : This controversial resolution continues a decade-long
effort to make various findings to congratulate the Boy Scouts
of America (BSA) without acknowledging the organization's
stubborn commitment to discrimination and without urging the BSA
to halt these hurtful discriminatory policies. As with similar
resolutions introduced in the past, the resolution raises once
again the very troubling concerns expressed over many years by
many members of this Committee and of the Legislature, and civil
rights groups and individuals, all of whom are deeply committed
to equality and nondiscrimination. Notwithstanding awareness of
this Committee's unwavering insistence on, and commitment to,
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equality for all Americans, proponents of the measure are intent
on pursuing the measure in its current form, passage of which
would put the California Legislature formally on record
commemorating an organization that has long discriminated
against individuals solely because of their sexual orientation
or religious views.
Recent reports underscore that the national scouts organization
sadly and stubbornly continues to adhere to its discriminatory
policy amidst heartfelt requests to discontinue it not just from
without but from within as well. And the compelling stories of
tragic hurt and pain that this discriminatory policy has caused
many American families continue to receive national notoriety
(see below), regrettably clouding the legacy and good works of
this century-old famous American institution.
The Well-Known and Indisputable Good Works of the Boy Scouts :
According to the author's office, the goal of the BSA is to
train youth in responsible citizenship, character development,
and self-reliance through participation in a wide-range of
outdoor activities, educational programs, and career-oriented
programs in partnership with community organizations. In
addition, the author's office notes that entities of the Federal
Government have honored the Boy Scouts including the United
States Postal Service, which issued a commemorative stamp and
the United States Mint, which issued some 350,000 Silver Dollar
Centennial Commemorative Coins, and that honoring the
achievements and contributions of this organization should be
the goal of this Legislature, regardless of the organization's
discriminatory policies.
In support of the resolution, the author states:
The Boy Scouts of America is one of the nation's largest
and valued youth improvement groups and provides a program
for young people that forms character, trains them in the
responsibilities of participating citizen, and develops
personal fitness. The Boy Scouts of America has helped
create many future leaders of America by combining
educational events and lasting values with entertainment.
The Boy Scouts of America knows that helping a youth is a
strategy to creating a more hard-working, responsible, and
dynamic society.
The Scout Oath and Law: In evaluating this resolution,
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opponents state that it is important to note that among other
things the Boy Scout Oath and Law provides that a Scout should
"treat others as he wants to be treated." (Emphasis added.)
The Rehnquist Supreme Court Decision 2000 : In Boy Scouts of
America v. Dale , supra., the U.S. Supreme Court, in an opinion
by Chief Justice William Rehnquist, ruled on whether requiring
the Boy Scouts to approve James Dale, a gay man, as an assistant
scoutmaster would significantly affect the Boy Scouts' ability
to advocate its viewpoints. In this case, the nation's highest
court held that requiring the Boy Scouts to admit openly gay
people violates the group's First Amendment right of expressive
association. In its ruling, the Court noted the following
position statement promulgated by the Boy Scouts in 1991: "We
believe that homosexual conduct is inconsistent with the
requirement in the Scout Oath that a Scout be morally straight
and in the Scout Law that a Scout be clean in word and deed, and
that homosexuals do not provide a desirable role model for
Scouts." ( Dale at 652.) The Court also noted a 1993 position
statement which read "The Boy Scouts of America has always
reflected the expectations that Scouting families have had for
the organization. We do not believe that homosexuals provide a
role model consistent with these expectations. Accordingly, we
do not allow for the registration of avowed homosexuals as
members or as leaders of the BSA." ( Id. ) The Court held that
the First Amendment association rights of the Boy Scouts of
America permitted this express discriminatory policy -- though
the Court did not state it condoned such a policy.
BSA's Repeated Reaffirmations of Its Discriminatory Membership
Policy. On February 6, 2002, the National Executive Board of
the BSA "reaffirmed its traditional leadership standards" in
rejecting proposals by individual Scout Councils seeking
flexibility to determine their own membership and leadership. A
press release announcing the Board's reaffirmation of this
discrimination policy, which rejected gays and atheists as
members and leaders of the Boy Scouts, stated:
The BSA reaffirmed its view that an avowed homosexual
cannot serve as a role model for the traditional moral
values espoused in the Scout Oath and Law and that
these values cannot be subject to local option
choices. In affirming its existing standards of
leadership, the board also agreed that duty to God is
not a mere ideal for those choosing to associate with
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the Boy Scouts of America; it is an obligation, which
has defined good character throughout the BSA's Ŭthen]
92-year history.
In 2004, the BSA once again reaffirmined its discriminatory
policy, and this express policy of discrimination has reportedly
been strictly enforced against Scouts ever since up to the
present. In 2005, for example, a high-level employee of BSA was
reportedly fired by the National Council after the organization
received a copy of his bill from an alleged "gay resort" at
which the employee had vacationed. And in 2009, the parents of
a Vermont Scout were reportedly prohibited from volunteering for
his pack when it was discovered that they were gay.
BSA's Values of Respect, Opponents Suggest And This Committee
Has Repeatedly Affirmed, Are Wholly Inconsistent With the
Organization's Actions in Dismissing Members Because of Their
Beliefs. In 2002, various news accounts reported that Darrell
Lambert, an Eagle Scout at the time, was told he had to
completely disassociate himself from the BSA because he was an
atheist. Lambert objected to his dismissal, explaining that he
believed it "unjust and opposed to the very values that Scouting
claims to uphold." In a letter to the Western Region Appeal
Committee, he wrote:
To me the issue at hand should not be if I believe or
don't believe in God. It should be about my character,
my citizenship, and my devotion to Scouting. Every
parent of my Scout troop sees me as a good role model
for their kids. They may not agree with my view on God,
but they can focus on the important issues and see the
person I really am. ?
Everybody can be a good citizen; it doesn't matter if
you are a Christian, a Buddhist, a spiritualist, or an
atheist. Morals come from more than just a belief in
God. They come from inside - they are what makes you
feel happy to help someone, to teach them, and to see
them succeed. Scouting is about loyalty to one another,
it is about being trustworthy and having trust in each
other, it is about going camping and hiking and
developing your skills out of doors, it is about
becoming a leader and standing up for people that need
help. It is about giving back to the community and
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society to make your country that much better. That is
what Scouting is about for everyone. Religion is an
individual choice and should be recognized as that by
Scouts, but it should never be used to exclude boys from
Scouts. ?
Not allowing atheists into Scouts defies both American
and Scouting values. It teaches kids to hate and to
think of atheists as lesser people. It teaches them to
fear differences rather than understand them.
Recent Reported Evidence of Continuing Discrimination Engaged in
By National Organization of the Boy Scouts : Lest there be any
question whether the Boy Scouts of America sadly continues to
adhere to an anachronistic and hurtful policy of discrimination
against some Americans, several national news organizations
reported just this past week about a den mother for her son's
Cub Scout troop who was apparently "ousted" by the Boy Scouts
for no other reason than her sexual orientation. According to
this report:
Jennifer Tyrrell and her 7-year-old son have had many
rewarding experiences with the Boy Scouts of America, but
their participation in the national organization came to an
end because she is gay, and the group does not allow open
or avowed homosexuals in their membership. Tyrrell learned
the news on April 10. The loss has been devastating.
"We were like a family, so in essence ? we lost our
scouting family, but they also lost two members of their
scouting family," the former Tiger Cubs den leader from
Bridgeport, Ohio, told msnbc.com, at points breaking down
into tears. "The best time in our lives we've had in the
last year, it's gone ? because we can't be scouts any more.
I can't stop crying," she later added? Tyrrell, a
32-year-old stay at home mother of four, said she agreed to
become the den master on the day she signed up her son,
Cruz Burns, for the local troop, last year. She had
concerns about the Boy Scouts' policy against homosexuals,
but a Cubmaster said that - locally -- they wouldn't have
problem.
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"He said they would stand, you know, hand in hand with us
and stand behind us all the way. Well, actually, that's
been true," she said. "I've never had a problem."
Boy Scouts spokesman Deron Smith said Tyrrell was removed
from the program for being in violation of the national
policy regarding homosexuals? "This policy was understood
by her and her fellow volunteers, but not followed, upon
her registering in the program," he wrote in an email to
msnbc.com? Tyrrell said she would still be at home, crying
on the couch, if her friends hadn't encouraged her to hold
a protest in town against her dismissal and start a
campaign online to seek changes to the Boy Scouts policy.
That petition has garnered more than 170,000 signatures?"
Tyrrell said she will continue to push for changes at the
Boy Scouts and called on them to take "the high road" and
change their policy to include "all Americans." "? because
we're just people," she said. "We're just gay people who
love their kids."
( http://usnews.msnbc.msn.com/_news/2012/04/26/11413346-gay-mom-upset-after-dismissal-by-boy-scouts?lite )
Even the Nation's Armed Services Have Abandoned Their Prior
Discriminatory Policies Based on Sexual Orientation:
Recognizing that the BSA is a private institution and thus
technically legally free to discriminate pursuant to Boy Scouts
of America v. Dale , supra., it is nevertheless instructive to
note that even the American Armed Forces, which had long had a
policy of discrimination based on sexual orientation, has
abandoned this former approach as both unnecessary and hurtful.
In 2010 Congress passed and President Obama signed legislation
repealing "Don't Ask Don't Tell" when the President, the
Secretary of Defense, and the Chairman of the Joint Chiefs of
Staff certified that repeal would not harm military readiness.
And the official repeal of this longstanding anachronistic
discriminatory policy became effective September 20, 2011. In
supporting this historic retreat from discrimination, then
Chairman of the Joint Chiefs of Staff Admiral Mullen stated that
"allowing gays and lesbians to serve openly would be the right
thing to do."
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Public Withdrawal Of Support For The Boy Scouts Demonstrates
Many Americans' Intolerance For Discrimination: Since the
Rehnquist opinion in Dale over a decade ago, many parents,
religious groups, corporations, cities, schools and non-profit
entities alike have reportedly responded by withdrawing their
support, including financial support, from the BSA. As Lambda
Legal Defense and Education Fund Executive Director Kevin M.
Cathcart stated, "Parents, religious groups, corporations,
cities, and schools agree: the Boy Scouts may have a legal right
to discriminate, but that doesn't make discrimination right."
And strikingly, one of the most famous Eagle Scouts of all,
filmmaker Steven Spielberg, stepped down from an advisory board
of the Boy Scouts stating "The last few years in Scouting have
deeply saddened me to see the Boy Scouts of America actively and
publicly participating in discrimination. It's a real shame."
("Supreme Court Ruling Yields Unexpected Lesson for Boy Scouts
of America," Lambda Legal Defense and Education Fund, Press
Release, June 21, 2001.) Individual troops have also this past
decade made similar appeals, leading to the expulsion of some
troops, including seven different troops in Oak Park, IL because
of their refusal to comply with the anti-gay policy. ("Boy
Scout Policy Sparks Impassioned Debate on Gays," Gannett News
Service, by Fredereka Schouten, March 12, 2001.)
Recent Developments Within The BSA's Own Governance Structure
Also Demonstrate The Increasing Unfairness Of Its Discriminatory
Policies . Recently, the BSA's 294 local councils, charged with
administering the BSA program at the local level, have not
expressed uniform support for the BSA's stance. For example,
some councils, without expressly disavowing the BSA's
discriminatory policies, have reportedly begun to "look the
other way when it comes to membership rules." ("Local Scouting
Policy Unclear; National BSA Disallows Gays," by Bronislaus B.
Kush, Worcester Telegram & Gazette, July 25, 2010.) Explicit
disagreement has also begun to emerge: for example, the Mohegan
Council, a local council in Massachusetts, has adopted a
non-discrimination policy that expressly prohibits
discrimination based upon sexual orientation, religion, or
creed. The Mohegan Council's policy evinces its recognition
that excluding or marginalizing others based upon their
religious beliefs or sexual orientation is simply incompatible
with one of the basic goals of scouting-"to teach youth 'to be
friendly, courteous and kind and to help other people at all
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times.'" (Id.)
The growing rejection of BSA policies within its own ranks
suggests that the sustained efforts of public officials, civil
rights advocates, and concerned citizens may have begun a
process that may eventually result in the BSA appropriately
repudiating all forms of arbitrary discrimination. Such a
repudiation will, the author of ACR 128 notes, hopefully result
in a policy similar to that of the Girl Scouts of the United
States of America, an organization that has been repeatedly
commended by this Legislature for its proud history of inclusion
and its steadfast refusal to discriminate on the basis of sexual
orientation or religious belief.
Possible Committee Amendment : Given that this Committee has
repeatedly made clear its long-standing commitment against
discrimination, the Committee may wish to inquire of the author
whether the author is willing to amend this measure to add a
statement encouraging the BSA to halt its discriminatory
policies, so that the Boy Scouts can be appropriately recognized
for the good works that they have accomplished for over a
century. If the author remains unwilling to include such
nondiscrimination language in this resolution, the Committee may
wish to reserve its support for commemorating the Boy Scouts for
ACR 128 (Feuer, Atkins, Dickinson, Monning, and Wieckowski),
which similarly commemorates the good works of the Boy Scouts of
America but also appropriately urges the scouts to accept for
membership and leadership positions qualified boys and men
without discrimination on the basis of sexual orientation or
religious belief.
ARGUMENTS IN OPPOSITION : In opposition, the California National
Organization for Women argues:
We cannot accept the idea that character development
includes fostering of bigoted attitudes towards others in
our diverse society. Nor can we support the idea that boys
and young men can be taught to be good citizens while
rejecting the ideals of religious and social tolerance on
which our country was founded?
The BSA also vehemently opposed the foundation of Girl
Scouts USA, attempting to restrict the use of the words
"scout(s)" and "scouting" only for the BSA. Women and
girls have also been prohibited from participation in BSA
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troops, including expulsion of girl members and closure of
entire troops that had been organized by women leaders in
the absence of willing male volunteers.
Further, in opposition, the Regional Human Rights/Fair Housing
Commission states that "Ŭt]he intent of our opposition is not to
deny the Boy Scouts of America their First Amendment right of
expression. Rather, our intent is aimed at the Legislature for
its failure to up hold the State of California's legal
protections for our LGBT community. ? There will always be
segments of our society that maintain a bias against certain
groups; but our State Legislature should not be one of them. It
would be wrong for our Legislature to condone, commemorate or
honor any one, group, organization or affiliate that the
Legislature willing acknowledges discriminates against anyone."
Also writing in opposition, the National Center for Lesbian
Rights states in part that:
BSA is a multi-million-dollar organization that affects the
lives of millions of youth members and adult volunteers.
At the time of the Dale lawsuit ? BSA had more than 87
million members. It often provides the only outlet for
organized outdoor activities and educational programs for
youth, particularly in rural California communities. If
gay or bisexual youth want to participate in these
activities, they must painfully hide essential parts of
their identity. In addition to actually excluding gay and
bisexual youth and adult volunteers, BSA's policies teach
its young members that such exclusionary policies are not
only acceptable but necessary because an openly gay or
bisexual volunteer is inconsistent with the Scout's law to
be "morally straight and clean in thought, word, and deed."
Such rhetoric is particularly dangerous in today's climate
of increased bullying and teen suicide. In fact, research
suggests that lesbian, gay, bisexual and transgender youth
who lack strong support networks and are unable to freely
express their sexual or gender identity suffer increased
rates of depression, substance abuse, and suicide.
Finally, Equality California (EQCA) opposes this resolution
noting that:
As a condition to obtain membership in BSA, youth and
adults are also required to subscribe to certain religious
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principles and oaths, thereby excluding atheists and
agnostics from the organization. Attempts by local BSA
charter organizations to establish more inclusive policies
and call for tolerance and diversity have been dismissed by
the National BSA Council.
Equality California adds that the Legislature has repeatedly
rejected resolutions similar to this resolution and notes the
Legislature "should continue to withhold its support of such
measures until such time as BSA allows participation of all
qualified boys and men, without discrimination on the basis of
sexual orientation or religious belief."
Prior Related Legislation: ACR 119 (Garrick and Hagman) of 2010
sought to congratulate and commend the Boy Scouts of America on
their 100th anniversary and centennial celebration without
encouraging the organization to halt its discriminatory policies
that regrettably harm individuals seeking to be scouts and
excluded from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 155 (Cogdill) of 2006 sought to recognize the efforts of Boy
Scouts who earn the rank of Eagle Scout without encouraging the
organization to halt its discriminatory policies that
regrettably harm individuals seeking to be scouts and excluded
from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 38 (Cogdill) of 2005 sought to recognize the efforts of Boy
Scouts who earn the rank of Eagle Scout without encouraging the
organization to halt its discriminatory policies that
regrettably harm individuals seeking to be scouts and excluded
from this opportunity solely due to their personal
characteristics, died in Committee.
ACR 69 (Goldberg) of 2005, Resolution Chapter 82, Statutes of
2005, similarly recognized the achievements of the Boy Scouts
but additionally encouraged the BSA to accept for membership and
leadership positions all qualified boys and men without
discriminating on the basis of sexual orientation or religious
belief.
ACR 170 (Robert Pacheco) of 2004, which would have recognized
various youth organizations including the Boy Scouts of America,
died in this Committee.
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ACR 59 (Robert Pacheco) of 2004, which would have recognized the
outstanding efforts of the Boy Scouts who, through persistence
and hard work, earn the rank of Eagle Scout, promote the
brotherhood of scouting across international boundaries as a
model of leadership, character, and honor, failed passage in
this Committee.
ACR 89 (Goldberg) of 2003, Resolution Chapter 118, Statutes of
2003, recognized the achievements of the Boy Scouts and
acknowledged the important contributions individual Boy Scouts
make in their communities. The resolution also encouraged the
BSA to accept for membership and leadership positions, including
the rank of Eagle Scout, all qualified boys and men without
discriminating on the basis of sexual orientation or religious
belief.
ACR 90 (Robert Pacheco) of 2001, which was not heard in this
Committee, would have made various findings in congratulating
the Boy Scouts of America on the 85th anniversary of the
granting of its federal charter by Congress, failed passage on
the Assembly Floor.
ACR 140 (Robert Pacheco) of 2001, which would have made various
findings in congratulating the Boy Scouts of America on the
anniversary of the granting of its Federal Congressional
Charter, failed passage in this Committee.
SR 15 (Knight) of 2001, which congratulated the Boy Scouts of
America on the occasion of the 85th anniversary of its
congressional charter, was adopted by the Senate.
AB 1592 (Wyman) of 2001, which would have allowed a charitable,
expressive, and social organization, such as the Boy Scouts of
America (the Boy Scouts), to discriminate in its membership
decisions by exempting such organizations from the Unruh Civil
Rights Act, died in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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None on file
Opposition
Equality California (EQCA)
Asian and Pacific Islanders California Action Network (APIsCAN)
California National Organization for Women
National Association of Social Workers
National Center for Lesbian Rights
Lambda Legal
Regional Human Rights/Fair Housing Commission
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334