BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  ACR 128
                                                                  Page  1

          Date of Hearing:  May 8, 2012

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
            ACR 128 (Feuer, Atkins, Dickinson, Monning, and Wieckowski) - 
                            As Introduced: March 13, 2012
           
          SUBJECT  :  BOY SCOUTS OF AMERICA: COMMEMORATION

           KEY ISSUE  :  SHOULD THE LEGISLATURE CONGRATULATE THE BOY SCOUTS 
          OF AMERICA ON ITS 102nd ANNIVERSARY WHILE URGING THE BOY SCOUTS 
          TO ACCEPT ALL QUALIFIED BOYS AND MEN WITHOUT DISCRIMINATION ON 
          THE BASIS OF SEXUAL ORIENTATION OR RELIGIOUS BELIEF?

                                      SYNOPSIS
          
          Like ACR 94 also before the Committee, this resolution 
          recognizes the valuable role that the Boy Scouts of America 
          (BSA) has played for millions of Americans and commemorates them 
          on their 102nd Anniversary.  Unlike ACR 94, however, this 
          resolution, consistent with the Committee's unwavering 
          commitment to nondiscrimination, additionally urges the BSA to 
          accept for membership and leadership positions all qualified 
          boys and men without discrimination on the basis of sexual 
          orientation or religious belief.  As the analysis indicates, the 
          BSA continues to steadfastly hold onto its discriminatory 
          policies.  This resolution attempts to appropriately deal with 
          this issue by recognizing the value of the BSA while, at the 
          same time, recognizing the tragic harm done to some American 
          families who have been excluded from participating in the Boy 
          Scouts solely because of their sexual orientation or religious 
          beliefs.  

          Recent reports underscore that the national scouts organization 
          sadly and stubbornly continues to grasp on to its discriminatory 
          policy amidst heartfelt requests to discontinue it, not just 
          from without but from within the organization as well.  And the 
          compelling stories of tragic hurt and pain that these 
          discriminatory policies have caused 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.








                                                                  ACR 128
                                                                  Page  2


          In a sincere effort to avoid unnecessary embarrassment to the 
          BSA and to try to reach a collaborative result, the author of 
          this resolution inquired if the author of ACR 94 might be open 
          to accepting an amendment to that resolution to applaud the 
          scouts' good works while at the same time similarly calling on 
          the group to finally abandon its anachronistic discriminatory 
          policies.  The author of this resolution noted such 
          non-discrimination language was already contained in this 
          measure, but that he and his colleagues would be pleased not to 
          pursue it and instead support ACR 94 if this resolution's 
          nondiscrimination language was simply added to ACR 94 as well.  
          However the author's office informed the Committee that this 
          resolution's nondiscrimination language would not be acceptable 
          to the author of ACR 94, leaving this the only resolution before 
          the Committee seeking to recognizing the value of the BSA while 
          at the same time urging the Boy Scouts to accept all qualified 
          boys and men without discrimination on the basis of sexual 
          orientation or religious belief.  
           SUMMARY  :  Seeks to commend the Boy Scouts of America on its 
          102nd anniversary while also urging the Boy Scouts to accept all 
          qualified boys and men without discrimination on the basis of 
          sexual orientation or religious belief.  Specifically,  this 
          measure  :  

          1)Declares, among other things, that:

             a)   Since the founding of the Boy Scouts of America, 
               millions of Boy Scouts have taken the experience of 
               scouting and gone on to contribute great things to society.

             b)   A Boy Scout can be followed, as he is a leader in his 
               troop and community, regardless of the scout's race, color, 
               religion, ancestry, national origin, political affiliation, 
               sexual orientation, or disability.

             c)   A Boy Scout's courage means standing up for what he 
               believes in without compromising his own beliefs.

             d)   Honor, loyalty, and courage are hallmarks of scouts who 
               admirably represent the community, council, and troop in 
               their daily lives.

             e)   Boy Scouts are required to abide by the Scout Law and 
               Scout Oath, which proudly uses such terms as "honor," 








                                                                  ACR 128
                                                                  Page  3

               "trustworthy," and "loyal."

             f)   Many Boy Scouts have been forced to hide their identity 
               in contradiction to the Scout Mission, Law, and Oath, and 
               Boy Scouts and scout leaders who were open about their 
               sexual orientation have been expelled from scouting.

             g)   The policy of the Boy Scouts of America to bar from 
               membership or leadership positions otherwise qualified 
               individuals solely on the basis of their sexual orientation 
               or religious belief causes harm to the innumerable boys and 
               men such as James Dale, who, regardless of their hard work 
               and merits, are denied the opportunity to participate in 
               any way in the Boy Scouts of America.

             h)   The discriminatory policy of the Boy Scouts of America 
               is contrary to the policy of the State of California.

             i)   Other similar organizations such as the Girl Scouts, 
               Camp Fire USA, and the Boys and Girls Clubs of America 
               serve as role models for the Boy Scouts of America because 
               they do not discriminate against youth and adults.

          2)Resolves that the Assembly, with the Senate concurring, 
            recognizes, congratulates, and commends the Boy Scouts of 
            America on its 102nd Anniversary and encourages the Boy Scouts 
            of America to accept for membership and leadership positions 
            all qualified boys and men, without discriminating on the 
            basis of sexual orientation or religious belief.

           EXISTING LAW  :

          1)Provides, under the Unruh Civil Rights Act, that "›a]ll 
            persons within the state are free and equal and no matter what 
            their sex, race, color, religion, ancestry, national origin, 
            disability, medical condition, genetic information, marital 
            status, or sexual orientation 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(b).)

          2)Defines "religion," for the purposes of the Unruh Civil Rights 
            Act, as including "all aspects of religious belief, 
            observance, and practice."  (Civil code section 51(e)(4).)









                                                                  ACR 128
                                                                  Page  4

          3)Seeks to "afford›] broad protection against arbitrary 
            discrimination by business establishments" in accordance with 
            California's "longstanding and compelling" interest in 
            preventing such discrimination.  (Civil Rights Act of 2005, 
            sec. 2(a), AB 1400 (Laird), Chap. 420 Stats. 2005.)

          4)Provides, under the First Amendment and the California State 
            Constitution, a right to expressive association.  (U.S. Const. 
            Amend. 1 and Cal. Const. Art. I. Sect. 3.)

          5)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.)

          6)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. 

          7)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; cf. 
             Christian Legal Society v. Martinez  (2010) 130 S. Ct. 2971.)

          8)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.)

          9)Provides, in the Scout Oath and Law, among other things, that 
            a Scout should "treat others as he wants to be treated."  
            (Emphasis added.)

           FISCAL EFFECT  :  The measure as currently in print is keyed 
          non-fiscal. 








                                                                  ACR 128
                                                                  Page  5


           COMMENTS  :  This resolution seeks to commemorate the 102nd 
          Anniversary of the Boy Scouts of America and acknowledges the 
          important role that the Boy Scouts have played in the lives of 
          many Americans.  Unlike ACR 94 however, which is also presently 
          before the Committee, this resolution additionally encourages 
          the Boy Scouts of America (BSA) to accept for membership and 
          leadership positions all qualified boys and men without 
          discriminating on the basis of sexual orientation or religious 
          belief.

           The Well-Known and Indisputable Good Works of the Boy Scouts:   
          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, 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 
               youth improvement groups.  It has helped create many future 
               leaders of America.  Sadly however this organization that 
               has a legacy of so many great works also has stubbornly 
               held on to an anachronistic and hurtful legacy of 
               discriminating against some American families simply 
               because of sexual orientation or religious perspectives.  
               While it is appropriate to acknowledge the good works of 
               the Boy Scouts, we simply cannot put the imprimatur of the 
               California Legislature commending this group without also 
               urging the Boy Scouts to finally put an immediate end to 
               their discriminatory policies which continue to cause great 
               pain to some families who wish to participate in this 
               century-old American institution.  

           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 








                                                                  ACR 128
                                                                  Page  6

          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 in any way condone 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 the Boy Scouts of America; it is 
               an obligation, which has defined good character throughout 
               the BSA's ›then] 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 








                                                                  ACR 128
                                                                  Page  7

          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.  
           
          BSA's Values of Respect, Supporters of This Resolution 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 
               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.
           








                                                                 ACR 128
                                                                  Page  8

           And in September of 2010, a Dallas-area father who had helped 
          organize fundraisers for the Scouts was reportedly "told he 
          can't wear the Scout leader shirt he was given ›the previous] 
          year and that he cannot serve in a leadership position because 
          of his sexual orientation."  ("Gay Father Ousted as Scout 
          Leader," Houston Chronicle, Oct. 17, 2010.)  The father 
          remarked, "What message does that send to my son?  It says I'm a 
          second-class citizen."  (Id.)
           
          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.


               "He said they would stand, you know, hand in hand with us 
               and stand behind us all the way. Well, actually, that's 








                                                                  ACR 128
                                                                  Page  9

               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 ›is] the right thing 
          to do."
           
          Public Withdrawal Of Support For The Boy Scouts Demonstrates 
          Intolerance For Discrimination.    Since the Rehnquist opinion in 








                                                                  ACR 128
                                                                  Page  10

           Dale  , 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.  During the decade following the  Dale  decision, 
          membership in the BSA "dropped by more than 16 percent."  ("Boy 
          Scouts Seek a Way to Rebuild Ranks," N.Y. Times, by Katharine Q. 
          Seelye, July 31, 2010.)  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."  

          In response to the BSA's policies, many government agencies have 
                                                      been compelled to discontinue funding for programs and 
          partnerships involving the Scouts.  For example, in 2010 the Los 
          Angeles Police Department restructured its youth "Explorer" 
          program so as to completely cut ties with "Learning for Life," a 
          subsidy of the Boy Scouts that had managed the program.  ("LAPD, 
          Citing Discrimination, Ends Affiliation of Its Youth Program 
          with Scouts," by Howard Friedman, Religion Clause, Dec. 29, 
          2009.)  The disassociation took place because "affiliation with 
          ›the Boy Scouts] conflict›ed] with the city's non-discrimination 
          policy."  (Id.)  Similarly, in October of 2011, the School Board 
          of Pinellas County, Florida, voted to discontinue grant funding 
          of "Learning for Life" because of the BSA's discriminatory 
          policies.  ("Pinellas Schools Reject Grant for Scout Program," 
          by Rebecca Catalanello, St. Petersburg Times, Oct. 12, 2011.)  
          Such decisions reflect the sound policy judgment that the 
          benefits gained by the Scouts' involvement in community programs 
          should not come at the cost of violating widely-held principles 
          of equality. 

          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.)  








                                                                 ACR 128
                                                                  Page  11


           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 
          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.  The author 
          notes that such a repudiation will 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.

           ARGUMENTS IN SUPPORT  :  Several civil rights organizations have 
          written the Committee in support of this resolution and in 
          opposition to ACR 94 (due to its failure to urge the BSA to 
          abandon its discriminatory policy).  Indicative of the 
          statements in support of this resolution is the statement by The 
          National Association of Social Workers, California Chapter:

               We believe this resolution strikes the right balance 
               between honoring the BSA for its important contributions 
               while encouraging it to immediately end its discriminatory 
               practices... ›We represent] over 11,000 professional social 








                                                                  ACR 128
                                                                  Page  12

               workers in California who have degrees from accredited 
               social work programs across the country.  NASW-CA 
               advocates, on behalf of our members and their clients, for 
               the implementation and improvement of programs and policies 
               designed to enhance human well-being and help meet the 
               basic needs of all people? It is the position of the 
               NASW-CA that same-gender sexual orientation should be 
               afforded the same respect and rights as other-gender 
               orientation, and that discrimination is damaging to the 
               affected group and society as a whole. 
           
          Pending Related Legislation.   As noted above, ACR 94 (Morrell), 
          also scheduled to be heard by the Committee, seeks to 
          congratulate the Boy Scouts of America on its 102nd anniversary 
          and acknowledge its accomplishments without encouraging the 
          organization to halt its discriminatory policies.

          ACR 116 (Harkey) makes various findings in recognizing the 
          efforts and contributions of the Sea Scouts and resolves that 
          the Legislature recognize the Sea Scouts for providing 
          leadership and positive opportunities for America's youth 
          without encouraging the organization to halt its discriminatory 
          policies.  Dropped by the author.
           
          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 128
                                                                  Page  13


          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.

          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 








                                                                  ACR 128
                                                                  Page  14

          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 
           
          Equality California (EQCA)
          Asian and Pacific Islanders California Action Network (APIsCAN)
          National Center for Lesbian Rights
          Lambda Legal
          National Association of Social Workers, California Chapter 
          (NASW-CA)

           Opposition 

           None on file

           
          Analysis Prepared by  :    Drew Liebert / JUD. / (916) 319-2334