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Scoutfish

1st Amendment and BSA

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I certainly hope you are right Beavah, I found this on the Pennsylvania Department of Education Website

 

The Pennsylvania Department of Education (PDE) does not discriminate in its educational programs, activities, or employment practices, based on race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, union membership, or any other legally protected category. Announcement of this policy is in accordance with State law including the Pennsylvania Human Relations Act and with Federal law, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990.

If you have any questions about this publication, please contact:

Department of Education

Bureau of Teaching and Learning Support

Division of School District Planning and Continuous Improvement

333 Market Street, 8th Floor

Harrisburg, PA 17126-0333

 

If the state of Pennsylvania is wrong, please contact the number listed above, I'd hate to have the whole state wrong

 

Just for grins I found this on the Minnespta Department of Education website. This is a form that School Districts sign to attest they are in compliance to Federal Laws

 

The undersigned hereby affirm that the above named school district is in compliance with the following state and federal laws prohibiting discrimination:

1. Minnesota Statute, section 363.03, Minnesota Human Rights Act, which prohibits discrimination in education programs and activities on grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual orientation, disability or age.

2. Title VI of the Civil Rights Act of 1964 (42 USC 2000d., et. seq.; 34 CFR Part 100), which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program

or activity for which the district receives federal financial assistance.

 

http://education.state.mn.us/mdeprod/groups/InformationTech/documents/EDForm/006688.pdf

 

I don't see how a Public School in Pennsylvania nor Minnesota could charter a BSA unit as it would not be in keeping with these statements. However, if I am wrong, please explain it to me,I dont always understand these things

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For all those who think a public school could charter a BSA unit, how about if public schools formed teams for the new "All-American Basketball Alliance"? It's whites-only, but I'm sure that's OK if nobody is required to play on the team, and people can still start their own sports teams. And refusing to form such a team is discrimination against whites, and we all know schools can't practice racial discrimination, so that means they're REQUIRED to form them.

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For all those who think a public school could charter a BSA unit, how about if public schools formed teams for the new "All-American Basketball Alliance"? It's whites-only, but I'm sure that's OK if nobody is required to play on the team, and people can still start their own sports teams. And refusing to form such a team is discrimination against whites, and we all know schools can't practice racial discrimination, so that means they're REQUIRED to form them.

 

How about you come up with something that could actually happen as a comparison, Merlyn.

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Merlyn, the poor guy in the Huffington post article can't find anyone willing to sponsor a team - as of the date of the article. Not your best zinger.

 

Yeah, I think I agree, with John, I'm not betting against Beavah in a court room.

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Gotta love it! Comparing a 100 year old institution to something that hasn't gotten off the ground and has little chance of ever getting off the ground. You are starting to sound like a Wizard of Oz character Merlyn!

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The legal issues are the same; since some people are STILL putting forth the bizarre view that NOT chartering a BSA unit is somehow religious discrimination against those who would like to join, then NOT creating an all-white basketball team must also be racial discrimination against those who would like to join that.

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The problem I see with public schools chartering BSA units is that public schools are allowing an outside private organization that does in fact have requirements thatcan discriminate.

 

Below are some of the restrictions that the BSA is allowed to implement as they are a private not a public organization:

 

 

From http://www.bsalegal.org/litigation-222.asp

 

The Boy Scouts have a policy on the declaration of Religious Principal to be a member of the Boy Scouts; one must declare that they believe in God:

From Bylaws of Boy Scouts of America, art. IX, 1, cl. 1- [The Boy Scouts] policy is that the home and the organization with which the member is connected shall give definite attention to religious life.

 

The Boy Scouts have a policy against homosexuality to be a member of the Scouts, one cannot be a homosexual and members must be willing to accept this:

Boy Scouts of America believes that homosexual conduct is inconsistent with the obligations in the Scout Oath and Scout Law to be morally straight and clean in thought, word, and deed. The conduct of youth members must be in compliance with the Scout Oath and Law, and membership in Boy Scouts of America is contingent upon the willingness to accept Scoutings values and beliefs.

 

The Boy Scouts do not allow girls to become Boy Scouts a girl cannot be a Boy Scout or Cub Scout:

Teaching "Boys to Do Things for Themselves and Others - According to Boy Scouts of Americas Charter The purpose of this corporation shall be to promote . . . the ability of boys to do things for themselves and others, to train them in Scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues . . .

 

The Boy Scouts have age and grade requirements Boy Scouts, Cub Scouts and Venturers have age and grade requirements:

Cub Scouts - For boys in first grade through fifth grade (or seven through 10 years of age)

Boy Scouts - For boys who are 11 through 17 years of age, or have earned the Cub Scouting Arrow of Light award and are at least 10 years old, or have completed the fifth grade and are at least 10 years old

Venturing - For young men and women 14 (and have completed the eighth grade) through 20 years of age

 

The school system in my city as well as the various charter schools is considered public not private schools. And because they are public entities, they are not allowed to discriminate as they are all funded with public tax dollars.

 

Here are some of my citys school district policies pertaining to discrimination. These policies are indeed contrary to what the BSA requires to be a member. These policies pertain to Sex, Sexual Orientation, Age and Religion:

 

Policy Prohibiting Discrimination/Harassment of Students

 

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I needed to add this final edit to my above post.

After Policy Prohibiting Discriminating/Harassment of students should read:

 

It is the policy to maintain an educational environment that is free from discrimination because of an individual's sex, race, color, national origin, religion, sexual orientation or disability.

 

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Unfortunately, and as a part of the growth of BSA, it is obvious that BSA *is* a discriminatory organization.

 

You long time Scouters can rant and rave that BSA isn't, but the reality is that it is.

 

Examine the demographics, race, creed, sexual orientation of BSA.

 

It's what BSA chooses to do...so be it.

 

But don't expect the public-at-large and therefore the government to support or even condone it.

 

Personally, I don't agree with it...but I am willing to put up with it to the point where my Scout begins to take a discriminatory tone towards those that are not permitted to be Scouts....then he is done.

 

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I think the Washington Generals basketball team is all white and the Harlem Globetrotters is black.

 

Hmm, I wonder if a white guy wanted to join the Globetrotters? Doesn't matter to me.

 

I'm glad BSA is the way it is.

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See Bob Karstens and Seth Franco. Karstens played back during WWII; the Globetrotters were integrated before the military.

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It's not about the Globetrotters, it's about the humor you failed to see.

 

I like that the BSA is the way it is. You fail to see that too.

 

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Well, you fail to see illegal government support of religious discrimination. And you didn't even check for white globetrotters.

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