Joint Appendix — Boy Scouts of America v. Dale
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if [Supreme Court, U.S.
yi, FILED -
No. 99-699 FER 2 8 OnmM
CLERK
IN THE
Supreme Court of the United States
Boy Scouts oF AMERICA and MONMOUTH COUNCIL,
Boy SCOUTS OF AMERICA,
. Petitioners,
JAMES DALE,
Respondent.
On Writ of Certiorari to the
Supreme Court of New Jersey
JOINT APPENDIX
Volume I
GEORGE A. DAVIDSON EVAN WOLFSON
Counsel of Record Counsel of Record
CARLA A. KERR DAVID BUCKEL
HUGHES HUBBARD & JON W. DAVIDSON
REED LLP BEATRICE DOHRN
One Battery Park Plaza RUTH HARLOW
New York, New York 10004 LAMBDA LEGAL DEFENSE AND
(212) 837-6000 EDUCATIONAL FUND, INC.
MICHAEL W. McCONNELL 120 Wall Street, Suite 1500
2301 S. Benchmark Cir. New York, New York 10005
Salt Lake City, Utah 84109 (212) 809-8585
Attorneys for Petitioners Attorneys for Respondent
(Attorneys Listing Continued on Inside Cover)
CERTIORARI GRANTED JANUARY 14, 2000
PETITION FOR CERTIORARI FILED OCTOBER 25, 1999
Davip K. PARK
Nationa] Legal Counsel
Boy Scouts of America
1325 Walnut Hill Lane
Irving, Texas 75015
SANFORD D. BROWN
CERRATO, DAWES, COLLINS,
SAKER, BROWN & WILDER
509 Stillwells Corner Road
Freehold, New Jersey 07728
Attorneys for Petitioners
THOMAS J. MOLONEY
ALLYSON W. HAYNES
SetH A. STUHL
KIERITH A. JONES
CLEARY, GOTTLIEB, STEEN
& HAMILTON
One Liberty Plaza
New York, New York 10006
(212) 225-2000
LEWIS H. ROBERTSON
231 Maple Avenue
P.O. Box Y
Red Bank, New Jersey 17701
(732) 842-6660
Attorneys for Respondent
TABLE OF CONTENTS
Page
Relevant Docket Entries in the Superior Court of
New Jersey, Chancery Division in Dale v. The Boy
Scouts of America and The Monmouth Council, Boy
BE SE re ae |
Relevant Docket Entries in the Superior Court of
New Jersey, Appellate Division in: Dale... 5
Relevant Docket Entries in the Supreme Court of
EE 7
ee ccennctnsnennnsumanenemanniesinntonnninennennannanamenmeneiies 10
FED cx nnscsssemmemrmennnnnen 30
Selected Exhibits to Certification of Ayala Deutsch,
Attorney for Respondent
Fact Sheet — Order of the Arrow (excerpts)............. 43
Fact Sheet — The Presidents of the United States
and the Boy Scouts of America ................ccccccceeeeees 46
Fact Sheet — What Is Boy Scouting? ....................... 56
: A Representative Membership (1975) (excerpts)... 64
Organizations that Use Scouting (excerpts) ........... 69
Fact Sheet — Community Organizations and The
Boy Scouts of America (excerpts) ..........cccccceees 93
The Chartered Organization Representative
CORGBIIE ) ..rcrcceeecccccecccnccccecosconscccsscocesocsccososcoosoosesees 99
Announcements of Meetings for Prospective
Oe ER ccnssscnsmnessenmennncannmennmmeemetenee 102
iV
Press Release Announcing School Night for
Scouting by Monmouth Council ...............ccccceeeeees
Fact Sheet — BSA at a Glance (1991) one
Affidavit of James Dale in Support of Motion tor
Summary Judgment (Sept. 9, 1993) oo... cccccccceeeeeeneeeeeees
Selected Exhibits to Affidavitof James Dale
Letter from James W. Kay to James R. Dale
Sits OE, Ge iicccamnesieianiiedeeanisitalnlisaieiditeinmanetne
Letier from James R. Dale to James W. Kay
CAatp. ©, SDD .ccccccecescsse1ccccscssescnssssusnsnesensssscsestesescsen
Letter from James W. Kay to James R. Dale
CARamR, FB. CDT ceccccccsreccsnsesencessssmesssnssscssseussssesnensess
Letter from David K. Park, Esq. to Glenn
Gosdan, Eau, (Dec. 21, 199) ......0.cccscessecesessscssseseee
Affidavit of Gerald Dick in Support of Plaintiff's
Motion for Summary Judgment (Sept. 8, 1993) ..............
Certification of Michael Adam Kivetz (Aug. 13,
PE ccxenscicseneistanesicmasinnsinianiainiinisidaaainiiaaiuitasiaiaiadiaiaiantinitadinaiibinas
Certification of Reverend Donald K. Hummel in
Support of Defendants’ Cross-Motion for Summary
Ne
Selected Exhibit to Certification of — Reverend
Donald K. Hummel
A Scout ts Reverent— A Manual for Scouts of
ee
139
149
ISS
Certification of Adam S. Bogner in Support of
Defendants’ Cross-Motion for Summary Judgment
(Nov. 4, 1993)
Selected Exhibits to Certification of Adam S. Bogner
Boy Scouts of America Mission Statement .............
CE La aC
a ON cincticcistseniccasinitiiipiietaitiaaiaaainiadiaiias
Boy Scout Handbook (1992 Printing) (excerpts) ....
Scoutmaster Handbook (1990) (excerpts) ..........0....
Woods Wisdom Troop Program Features
GENRE OND cxsscnsvestesisnsecesssessnsengpsensnguesesoeusenemmmeseveneeeers
Order of the Arrow Handbook — Boy Scouts of
America (1992) (OnCONPAS) ......cecrceocccecescceseccesccceeesers
Troop Committee Guidebook — Boy Scouts of
America (1992 Printing) (excerpts) ..........cc0ceeeee
Certification of James W. Kay in Support of
Defendants’ Cross-Motion for Summary Judgment
Genie tte. Seta cceteetrecntittainiiainaniateisemsenenbestibinnneanitetemsinsnees
xhibits to Certification of J;
Charter of Boy Scouts of America..............ccccc000.
Bylaws of Boy Scouts of America..............ccccc00000.
Rules and Regulations of the Boy Scouts of
CRITE cccanecscttanccsisccsshennansisdhilaensintmenisiatinnmactenees
Certification of Dr. Ricky L. Slavings in Support of
Defendants’ Cross-Motion for Summary Judgment
Fe Sas rT hicseisincclosensainiisinnsctisaisieiaiilobislegaiediennitasinbipacines
274
29)
299
443
—— =
NV
Certification of P. Karl Rowley in Support of
Defendants’ Cross-Motion for Summary Judgment
Gees TE, Fale piescnsnsasenestesoncnnenepeventenssuionapnatareenmensestonseincse 450
Exhibits to Certification of P. Karl Rowley
Boy Scouts of America Position Statement
GRE. OF, Fir a Pccctecntnststnisctnnnesnnssemernmnsenmanve 453
Boy Scouts of America Position Statement
GERD Gy FRO P cteticctcsensesenrecsenerecnnpsaieincsesasenanapansniin 457
Boy Scouts of America Position Statement
GR Ga, FRO Pancncevesnesensscseccsssnnmsersccssengnecemnmemacniens 458
Boy Scouts of America Position Statement
GN Di, GID censensccsscscestnessencnssnsetnceneosenecsnmmnmeveenes 459
Boy Scouts of America Position Statement (Jan.
SEE chiseniceneenesvianenenstinintememennenedasiestineiiiininimnnnenneies 460
Certification of Earl C. Wightman in Support of
Defendants’ Cross-Motion for Summary Judgment
GED Cite CO Pb cccenssancensezesasessesnonevinebitenscapueseninsentiotmusesesse 462
Transcript of a Segment of the Joan Rivers Show of
July 16, 1993 entitled “Gays in Uniform” ....................... 466
Transcript of Deposition of James Dale (May 10,
Fe CR i icctcctseennmmenmninctocriieninnninmsemaneteees 474
Selected Exhibits to the Deposition of James Dale
Speech by Jim Dick (May 10, 1993)... 505
From an Eagle Scout to Persona Non Grata, The
New York Times (Aug. 5, 1992) .0......cccccccccseseeseeeees 510
Vv
Ex-Eagle Scout Sues Over Ban on
Homosexuals, The New York Times (uly 30,
AF iala Pinsestunnnpiiengpenctanennennascisiiigunsunenemutintiineaséenseitaiintcienee
Seminar Addresses Needs of Homosexual
Teens, The Star-Ledger (July 8, 1990) oo... cccceeeeeee
The Gay Boy Scout, Philadelphia jan. 1993)........
Scoutmaster’s Handbook (1972) (excerpts) ............
Expelled Scout Is Taking Lessons to Heart, The
Seattle Times (July VO, V992).........00ccccccseccsssssscceeeees
United Press International article (Apr. 30,
Homosexual Loses Bid to Become Scout
Leader, United Press International (July 7.
Affidavit of Reverend George Wayne Freyberger in
Support of Plaintiff's Motion for Summary Judgment
I Fis Gi nrihntccsictntssnpinccicnitilliitsiioiaiitenpennbipensensesencese
Affidavit of Reverend Richard Giffen in Support of
Plaintiff's Motion for Summary Judgment (Jan. 4,
Affidavit of Bishop Thomas Gumbleton in Support
of Plaintiff's Motion for Summary Judgment (Jan. 6,
513
519
542
548
vi
Selected Exhibit to the Certification of Patrick G.
Marette, Attorney for Respondent
Brief of Amici Curiae. 2s E. Andrews as Stated
Clerk of the Presbyterian Church (U.S.A) General
Assembly, et al. in The Presbytery of New Jersey
of The Orthodox Presbyterian Church et al. v.
Florio et al., NO. 92-5339 (31d CW, )...ccccceeeeeeeeeeeeeees 578
Affidavit of Rabbi Alexander Schindler in Support
of Plaintiffs Motion for Summary Judgment VJan. 4,
Fo aD nassnsvenactennncmsnctcesbeninitianiiiiissianiniiibibasnpintiidiinienesse 596
Selected Exhibits to Affidavit of Rabbi Alexander
Schindler
Resolution by Central Conference of American
ED GAEL, Thy IPED ccnccccscnsnesicidieneneassnitemenetiinanes 605
Resolution of the National Federation of
FORBES VOU (1D9Z-DS) ncccoccccccecccccscosccsescscsoscsoccsces 606
Affidavit of Bishop John S. Spong in Support of
Plaintiffs Motion for Summary Judgment Van. 5,
Affidavit of Father Paul Surlis in Support of
Plaintiff's Motion for Summary Judgment (Jan. 6,
FP oe Pnarcscessncnsscnsennenansesnenvaneanensssansonusieeananspeonatanunneniannecess 614
Certification of Bishop Melvin Wheatley, Jr. in
Support of Plaintiff's Motion for Summary Judgment
GR. Fate. Fire a rennccrcsnsnnsnniesmnssiannnetaninisiasnipiaasaciapidanieness 618
Certificution of Dr. Michael Cahn in Support of
Plaintiffs Motion for Summary Judgment (Dec. 21,
vii
Exhibit to Certification of Dr. Michael Cahn
Resolution of Troop Commitee of Scout Troop
PEN See eee eeniisiainciteskacbiabitaiiiicaraieteibetsinesees 630
Supplemental Affidavit of James Dale in Support of
Motion for Summary Judgment (Dec. 31, 1993)............. 631
Certification of Mary Lou Goeke (Dec. 31, 1993).......... 635
Exhibit to Certification of Mary Lou Goeke
Letter from Dean R. Crafton to Mary Lou
SE res Cire Garreee cevccccnsenscestesencnnenstccnsssctistecteses 637
Certification of Robert Gwinn (Jan. 5, 1994)... 638
Exhibits to Certification of Robert Gwinn
Letter from Robert Gwinn to National Board of
SU TIS GE FAMIITIID cnccrecccccctisscesccnrensncscssscnsescceens 640
Resolution of Executive Board of Baden-Powell
Cee TE. CHAIR. Bie Fie Penccccsccssccssscesssvesssosssseees 644
Resolution of Baden-Powell Council, Inc. (May
Bas FFE iscnssonssicsestesnnnienbendenainibiassciabinbanapeesseesesesssees 645
Affidavit of William A. J. Kirkner in Support of
Plaintiff's Motion for Summary Judgment (Dec. 30,
Certification of David A. Rice in Support of
Plaintiff's Motion for Summary Judgment (Dec. 23,
Affidavit of Robert L. Smith, Jr. in Support of
Plaintiff's Motion for Summary Judgment (Jan. 3,
PUT P cesasncneccssesnnsesnenscsononesupmsecsnennnecesnssssenmtmennnscneiucnenesasees 665
vill
Affidavit of Dr. Bryant L. Welch in Support of
Plaintiffs Motion for Summary Judgment (Van. 4,
FF ei cesvscensssnndevimmenesnesenocnsntiatemeevinenipetl beonnsenstiaibindtetinda 675
Certification of Charles Albert Wolfe (Aug. 30, 1993)....... 685
Transcript of Deposition of Charles D. Ball (Mar. 18,
Pe IIIS. uinssinnisipnienieneaieniensieneteiannintinndininnete 691
Selected Exhibits to the Certification of Steven M.
Knecht, Attorney for Respondent
1991 Annual Report — Boy Scouts of America
CSRGSEIIND cncossevesecssveseceuseonrensceviscusevescntaneosessocepsenvenene 698
United Way Threatens to Cut Aid to Boy
Scouts, The New York Times (Dec. 17, 1993)......... 700
Scouts’ Ouster of Gay Ends United Way Aid,
Chicago Tribune (Dec. 18, 1993) ....ccccccccceeseeeeeeeeees 704
Go for the Eagle — A Guide to Achieving
Scouting’s Highest Rank (excerpts)... 705
Certification of Reverend John Giffin (Jan. 27, 1994)..... 707
Certification of Rabbi Arthur Vernon (Jan. 26, 1994) .... 7F0
Certification of Reverend Jerald C. Joersz Van. 25,
Certification of Elder Jack H. Goaslind in Support of
Defendants’ Cross-Motion for Summary Judgment
COR. Ty TOPO D cnncercascnnnmniitcinsnsstininnansisecignniistibalainncie 719
Supplemental Certification of Reverend Donald K.
PURINES GED. DR, PI scctssccnasnssscnticccsnvstsistitantionmeenetesesii 722
\
ix
Certification of &<v<iend Sam Houston in Support
of Defenuants’ Cross-Motion for Summary
FE GH, te: Fees sccccncinseusntctetnscenstinesiniassntennans « 124
Certification of Reverend Dr. Barry M. Walker (Jan.
Bi. Crea iinactnintaiicetnsiveiapimitaniiniiianmmnieiiatennitiecinieniones 727
Certification of Dr. Park Dietz in Support of
Defendants’ Cross-Motion for Summary Judgment
Gs Bee Fe tii seniccenthcsttninchitntciapittindaipidapienpiatininsninntiemmen 73)
Supplemental Certification of Dr. Ricky L. Slavings
Ga Bk Perey ectvcntensnteccescinnscentninsunssiecaesl licesicisiads tntinsscitios 736
Certification of Parvin L. Bishop (Jan. 26, 1994) ........... 745
Supplemental Certification of David K. Park (Jan.
ts He nsasdieieiiaiitdinatintiinetminsiinicinssstagntineegiemeinnintnniiets 748
Transcript of Deposition of James William Kay (Jan.
Fits INI i iecicsentnntincttiminnmnesciesienpiineiaseseiapmninetis 750
The following opinions and statutory provisions have
been omitted in printing this Joint Appendix because they
appear at the following pages in the appendix to the printed
Petition for a Writ of Certiorari:
Opinion cf the Supreme Court of New Jersey................. la
Opinion of the Superior Court of New Jersey,
Appellate Division........cssssssesseesesseesessesseeneenecareseesrennens 102a
Opinion of the Superior Court of New Jersey,
I Ge cinccscncitecicentpussiccnnacintanicsstapiapsientesenanes 15Sa
N.J. Stat. Ann. §§ 10:5-4, 10:5-S(1), and 10:5-S(hh)...... 25Sa
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, MONMOUTH COUNTY
Civil Action No. Mon C 330-92
JAMES DALE,
Plaintiff,
Vv.
THE BOY SCOUTS OF AMERICA
, and THE MONMOUTH COUNCIL,
BOY SCOUTS OF AMERICA,
Defendants.
RELEVANT DOCKET ENTRIES
DATE NO. PROCEEDINGS
W/2992 2 SUMMONS [originally filed in Law
Division, Docket No. MON-L-5373-92]
7/29/92 3 COMPLAINT
9/25/92 4 ANSWER
10/5/92 Notice of Motion to Transfer Case to
Chancery Division (not docketed)
* ee *
11/6/92 1 TRAN ORD [Transfer Order to Chancery
Division by Hon. Alexander F. Lehrer, J.S.C.]
xk k *
tv
DATE
NO.
PROCEEDINGS
7/9/93
7/16/93
7/16/93
7/23/93
9/10/93
9/10/93
9/24/93
10
16
17
20
MOTN PRDUCE DOC [Notice of Motion
to Compel Production of Documents
Pursuant to NICPR 4:23-1 and Certification
of Ayala Deutsch in Support of Plaintiff's
Motion to Compel|
Certification of Carla A. Kerr in Opposition
to =~Plaintiffs Motion to Compel (not
docketed)
Affidavit of Charles D. Ball in Opposition
to «Plaintiffs Motion to Compel (not
docketed)
ORDR PRDUCE DOC [Order to Produce
Documents Pursuant to NJCPR 4:23-1 by
Patrick J. McGann, Jr., J.S.C.]
* h oe om
MOT PRT SUM JDG [Plaintiff's Motion
for Partial Summary Judgment] !
CeERTIFICTN [Certifications of Michael
Adam Kivetz, Ayala Deutsch and Elisabeth
G. Ostrow, and Affidavits of Gerald Dick
and James Dale in Support of Plaintiff's
Motion for Partial Summary Judgment]
* kk * &
MOTN MISC [Notice of Motion to Compel
Production of Documents by defendants]
DATE NO.
PROCEEDINGS
9/24/9321
10/22/93
11/12/93 22
1/10/94
1/28/94
CERTIFICTN [Certification of Carla A,
Kerr in Support of Motion to Compel
Production of Documents}
Order Compelling Plaintiff to Produce
Documents by Patrick J. McGann, Jr., J.S.C.
(not docketed)
MOTN CROSS [Notice of Cross-Motion
for Summary Judgment by defendants |
Certifications of Carla A. Kerr, Adam S.
Bogner, David K. Park, Connie Adams, P.
Karl Rowley, Paul L. Terzulli, James W. Kay,
Eari C. Wightman, Dr. Ricky L. Slavings,
Donald K. Hummel, and Affidavit of Philip
Reissman in Support of Defendants’ Cross-
Motion for Summary Judgment
~_*e# kk &
Certifications of Steven M. Knecht, Rev.
George Wayne Freyberger, and Michael
Cahn in Support of Plaintiffs Motion for
Partial Summary Judgment (not docketed)
Certifications of Rev. Sam Houston, Rev.
Dr. Barry Walker, Dr. Park Dietz, Rev. John
Giffin, Rabbi Arthur Vernon, Rev. Jerald C.
Joersz, Charles S. Miller, Elder Jack H.
Goaslind, Steven D, Royster, Parvin L.
Bishop, Peter Sullivan and Grant Robinson
DATE
NO.
ROCEEDINGS
11/20/95
11/20/95
10/8/99
and Supplemental Certifications of David K.
Park, Dr. Ricky Slavings and Rev. Donald K.
Hummel in Support of Defendant's Cross-
Motion for Summary Judgment
*k ke ke
ORDR SUMM JDGMNT [Order denying
Plaintiff's Summary Judgment Motion;
Granting Defendants’ Cross-Motion — for
Summary Judgment, and that Complaint be
dismissed with prejudice by Hon. Patrick J.
McGann, Jr. J.S.C.]
Findings of Fact ané Opinion (not docketed)
* #e- ek
CONSENT ORDER [Allowing Postponement
of Application of James Dale for Entry of
Judgment by Hon. Patrick J. McGann, Jr.
J.S.C] )
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
Docket No. A-2427-95T3
James Dale,
Plaintiff-Appellant,
Vv.
Boy Scouts of America and Monmouth
Council Boy Scouts of America,
Defendants-Respondents.
RELEVANT DOCKET ENTRIES
DATE PROCEEDINGS
12/29/95 NOTICE OF APPEAL [by plaintiff}
12/29/95 CASE INFO STATEMENT [Civil Appeal Case
Information Statement by Plaintiff-Appellant]
3/8/96 CASE INFO STATEMENT [Civil Appeal Case
Information Statement by Defendants-Respondents]
se kh &
4/8/96 ORAL ARGUMNT REQUES [Request for Oral
Argument by Plaintiff-Appellant]
seh &
6/25/96 APPEL BRIEF [Brief for Plaintiff-Appellant)
DATE PROCEEDINGS
6/2596 JOINT APPENDIX
xe *
12/20/96 RES BRIEF/APPENDIX [Brief for Defendants-
Respondents. Boy Scouts of America and
Monmouth Council, Boy Scouts of America]
se *& *&
1/21/97 REPLY BRIEF [for Plaintiff-Appellant James
Dale]
3/14/97 ORAL ARGUMNT REQUES [Request for Oral
Argument pursuant to Rule 2:11-1(b) by Plaintiff-
Appellant}
4/17/97 ADDITIONAL CITATION [Letter by Defendants-
Respondents with Additional Citations]
10/9/97 ORD DENY DIR CERT {Ordered that Motion for
Direct Certification is denied]
*k ke *
3/2/98 REGULAR OPINION
*e kk &
;
SUPREME COURT OF NEW JERSEY
September Term 1997
Docket No. A-195/196
James Dale.
Plaintiff-Respondent and Cross-Appellant.
v.
Boy Scouts of America and Monmouth Council,
Boy Scouts of America,
Defendants-Appellants and Cross-Respondents.
RELEVANT DOCKET ENTRIES
DATE PROCEEDINGS
3/20/98 NOT PET CERT [Notice of Petition for Certifi-
cation by Petitioners]
3/20/9988 NOTICE APPEAL [Notice of Appeal by
Defendants-Appellants]}
sek &
3/30/98 NOT X-PET CERT [Notice of Cross-Petition for
Certification by Plaintiff-Cross Petitioner]
4/1/98 PETIT CERTIF [Petition for Certification by
Defendants-Petitioners]
4/1/98 APP DIV BRIEF [Brief for Defendants-
Respondents}
DATE PROCEEDINGS
4/1/98 APP DIV APPENDIX [Joint Appendix |
4/9/98 X-PETIT CERT/APPEN [Cross Petition for
Certification by Plaintiff-Respondent|
4/9/98 APP DIV BRIEF [Brief for Plaintiff-Appellant]
4/9/98 APP DIV REPLY BRIEF [Reply Brief for
Plaintiff-Appellant |
4/16/98 RESPOND BRIEF/APPEN [Plaintiff-Appellant’s
Brief in Opposition to Defendants’-Petitioners’
Petition for Certification]
4/24/98 REPLY BRIEF |Defendants’-Petitioners’ Reply
Brief in Support of Petition for Certification]
4/24/98 | X-RESPOND BRIEF [Response to Cross-Petition
for Certification]
*x**k* kk *
6/3/98 ORDER [Granting Petition for Certification]
6/3/98 ORDER [Granting Cross-Petition for Certification]
x*k ke &
6/29/98 MOT LV FIL SUPPL BR [Notice of Motion for
Leave to File Further Briefs on Appeal |
6/29/98 BR/APP SUP MOT [Brief in Support of Motion
| for Leave to File Further Briefs on Appeal}
7/6/98 ANSWERING BRIEF [Brief in Opposition to
Motion for Leave to File Further Briefs on Appeal |
9
DATE PROCEEDINGS oa
8/13/98 ORDER [Motion for Leave to File Supplemental
Briefs is Granted]
xk *& &
9/3/98 SUPPL APPELL BRIEF [Supplemental Appellate
Brief of Boy Scouts of America and Monmouth
Council, Boy Scouts of America]
*_* * &
9/24/98 SUPPL RESPOND BRIEF [Supplemental Brief of
Respondent-Cross Petitioner]
xk * &
8/4/99
OPINION [Affirming Appellate Division's Decision]
** * *
1O -
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, MONMOUTH COUNTY
Civil Action No. Mon L 5373-92
JAMES DALE.
Plaintiff,
Vv.
THE BOY SCOUTS OF AMERICA
and THE MONMOUTH COUNCIL,
BOY SCOUTS OF AMERICA,
Defendants.
COMPLAINT
Plaintiff, James Dale, a permanent resident of Port
Monmouth, New Jersey, for his Complaint, alleges upon
information and belief, except as to those allegations
pertaining to himself, as follows:
PRELIMINARY STATEMENT
1. In 1978, at the age of eight, Plaintiff James Dale
began what he thought would be a lifetime association with
the Boy Scouts of America. As his scouting career
progressed, James Dales earned many honors and awards,
including thirty “merit badges,” and held five leadership
positions. James Dale was awarded numerous distinctions by
the “Order of the Arrow,” an honor association of the Boy
Scouts of America, and on July 19, 1988, he was awarded his
Eagle Scout Badge, an achievement attained by only three
percent of all Scouts. When James Dale turned eighteen, he
was elevated to the position of Assistant Scoutmaster, For
more than twelve years, James Dale demonstrated an
unfailing commitment to scoutcraft and to the Boy Scouts of
America.
On August 5, 1990, all of this came to a swift end. The
Boy Scouts notified James Dale that his membership had
been revoked and that he had to sever all ties with the Boy
Scouts of America. James Dale was given no explanation for
his expulsion from the Scouts at that time, but later learned
that the decision to revoke his twelve year membership was
based on one fact and one fact alone -- James Dale is gay.
The law of this State prohibits discrimination against
individuals based on their affectional or sexual orientation, In
blatant disregard of the law, the Boy Scouts of America and
its affiliates have selectively invoked a secret policy of
discrimination against gay males. This policy is not
contained in the membership application and cannot be found
in any Boy Scout hahdbook or literature. Nor does the Boy
Scouts actively seek information regarding the sexual
orientation of its members. Ironically, the only gay Scouts
singled out for exclusion are those, such as James Dale, who,
in part as a result of Boy Scout training, become leaders in
their community and are open and honest about their sexual
orientation, ;
The expulsion of James Dale from the Boy Scouts
violates the provisions of the New Jersey Law Against
Discrimination prohibiting discrimination based = on
affectional or sexual orientation in public accommodations,
employment and business relationships. The expulsion also
violates the common law rights of this State prohibiting
12
expulsion from organizations in violation of public policy and
without fair procedure. Finally, the expulsion must be
revoked, because James Dale had no notice of the
discriminatory policy prior to its invocation by the Boy Scouts
on August 5, 1990.
THE PARTIES
2. Plaintiff James Dale is, and at all times relevant herein
was, a citizen of the United States and of the State of New Jersey.
He is a permanent resident of Port Monmouth, New Jersey and is”
currently a full-time student at Rutgers College of Rutgers
University (“Rutgers”), New Brunswick, New Jersey.
3. Defendant Boy Scouts of America (the “BSA”) is a
nonprofit corporation incorporated in the State of Texas. The
BSA is authorized to do business in New Jersey.
4. Defendant Monmouth Council, Boy Scouts of
America (the “Monmouth Council”) is a nonprofit
corporation incorporated in the State of New Jersey. The
Monmouth Council is a BSA local council and is chartered by
the BSA. The Monmouth Council supervises and controls the
operations of Troop 73, of which plaintiff was a member from
1985 through August 5, 1990.
ALLEGATIONS
The Boy Scouts
5. The BSA was federally chartered by Act of
Congress in 1916 to “promote, through organization, and
cooperation with other agencics, 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
13
.. 36 USC. §§ 21-29. The BSA is a nationwide
organization with a membership of approximately 4.3 million
youth and 1.2 million adults.
6. Every Boy Scout in the United States is a member of
the BSA as well as of a local council of the BSA. The BSA
and its local councils are recreational organizations that
provide numerous activities for all of its members. The aim
of the Boy Scouts “is to supplement the various existing
educational agencies, and to promote the ability in boys to do
things for themselves and others.” Handbook for Boys at 3.
7. The BSA and its local councils “make training
courses available for troop leaders, provide local camping
facilities, make available such program material as literature
and audiovisuals, conduct district and council program events
open to all troops, maintain basic troop records, and provide
year-round service by commissioners and local council staff
people.” The Scoutmaster Handbook at 18. In addition, the
BSA and its local councils engage in advertising and other
forms of solicitation, including scout fairs at schools,
community colleges, fairgrounds and churches, door-to-door
canvassing and billboards, to induce membership among the
general population of young males.
8. One of the services provided by the BSA is the
publication of Boys Life, a magazine which promotes the Boy
Scouts and informs boys of Boy Scout activities and
programs. The BSA also authors and owns the copyrights to
Handbook for Boys. Boy Scout Requirements, The Boy Scout
Handbook, and The Scoutmaster Handbook.
9. The BSA and the Monmouth Council, the BSA’s
local council in Monmouth County, New Jersey (collectively, the
14
“Boy Scouts”) create and implement the policies for and provide
the programs and the services to all Boy Scout troops in
Monmouth County, including the troop to which plaintiff
belonged prior to his expulsion. In providing its services and
programs in New Jersey, the Boy Scouts make regular use of
public accommodations, including parks, schools and
playgrounds, for recruiting and recreational activities, and are
afforded special privileges in the Monmouth County public
schools.
10. The Boy Scout Handbook, authored by the BSA,
sets forth the requirements for membership in the Boy Scouts.
According to the Boy Scout Handbook, membership is open
to any boy who is the right age, submits an application and
health history, and completes the Scout joining requirements,
including demonstrating the Scout salute, describing the
Scout badge, and understanding the Scout Oath, the Scout
Law and the Scout motto.
11. Nowhere in any of the materials made available to
Boy Scouts or Assistant Scoutmasters, including — their
membership applications, literature, handbooks, aud:ovisual
materials, training materials or advertising, do the Boy Scouts
make any reference whatsoever to a policy of discrimination
ou the basis of affectional and sexual orientation.
Plaintiff's Membership in the Boy Scouts
12. In September 1978, at the age of eight, plaintiff
completed an application for and became a member of the
BSA and the Monmouth Council, joining Cub Scout Pack
142. Plaintiff subsequently became a member of Boy Scout
Troop 220 in 1981, Troop 128 in 1983, and Troop 73 in 1985.
Plaintiff remained a Boy Scout until his eighteenth birthday in
15
1988. At all times during his ten years as a Boy Scout,
plaintiff was a member in good standing of the Monmouth
Council and the BSA.
13. Plaintiff was an exemplary Scout. He earned the
following Scouting Achievement Badges:
Boy Scout Badge Star Badge
Tenderfoot Badge Life Badge
Second Class Badge Eagle Scout Badge
First Class Badge
Plaintiff was awarded the following Merit Badges:
Astrology Basketry
Camping Canoeing
Citizenship in the Community
Citizenship in the Nation
Citizenship in the World
Communications Cooking
Environmental Science First Aid
Fish & Wildlife Management
Forestry Indian Lore
Leatherwork Lifesaving
Mammals Music
Pioneering Personal Fitness
Personal Management Orienteering
Reptile Study Rowing _
Safety Small Boat Sailing
Sports Swimming
Wilderness Survival Wood Carving
Plaintiff's additional honors and achievements include:
16
Arrow of Light Award
Completion of Junior Leader Training
Delegate to National Boy Scout Jamboree
World Conservation Award
Guest Speaker at Joshua Huddy Distinguished
Citizenship Award Dinner
Eagle Scout Project at Holmdel Park Activities Center
Forestburg Summer Scout Reservation Summer Staff
14. In June 1983, plaintiff was admitted to the Order of the
Arrow, the honor campers association of the BSA. He achieved
the status of Vigil Honor in 1986. From 1984 through 1988
plaintiff held a number of offices, including Ceremonies Chair,
Camping Promotions Chair, Banquet Chair and Vigil Honor
Chair. Additional honors received in the Order of the Arrow
include three First Place honors in the Character Meteu and a
First Place honor in the Team Ordeal Ceremony.
15. Due to his outstanding leadership ability, plaintiff held
a number of leadership positions, beginning in 1982, when
plaintiff was appointed an Assistant Patrol Leader and later a
Patrol Leader. Plaintiff was a Bugler from 1984 through 1988
and a Junior Assistant Scoutmaster from 1985 through 1988.
16. In August 1988, plaintiff reached the age of eighteen
and the Monmouth Council invited him to continue his
membership in the Boy Scouts as an Assistant Scoutmaster.
Assistant Scoutmasters are adults chosen to work with
Scoutmasters in leading the activities of individual Boy Scout
troops. Plaintiff's application for Assistant Scoutmaster was
accepted and approved by the Monmouth Council and the BSA,
and he became an Assistant Scoutmaster for Troop 73, which
was supervised and controlled by the Monmouth Council.
17
17. Asan Assistant Scoutmaster, plaintiff worked under
the control and direction of the Boy Scouts, pursuant to the
terms established by the BSA in its publication The
Scoutmaster Handbook. In addition to directing plaintiff's
activities as an Assistant Scoutmaster, the Boy Scouts
provided plaintiff with the resources necessary for him to
fulfill his responsibilities to the Boy Scouts, including
“magazines, books and printed materials, uniforms, and
equipment for Scouting.” The Scoutmaster Handbook at 219.
18. As a Scout, and later as an Assistant Scoutmaster,
plaintiff made a tremendous investment of time, energy and
money to the Boy Scouts. Plaintiff purchased uniforms,
books and equipment and paid for camping trips and other
activities. Plaintiff attended regular troop meetings as well as
jamborees, summer camp and other special events. Plaintiff
believed that he would be a Scout for life and intended to be a
Scoutmaster after he graduated from college.
19. Plaintiff derived tremendous benefits and privileges
from his investment in the Boy Scouts. He was proud to be
an Eagle Scout and felt that his association with the Boy
Scouts had a positive impact on his status in the community.
Plaintiff's Expulsion From the Boy Scouts
20. As a gay undergraduate student at Rutgers, plaintiff
became the co-president of the Rutgers Lesbian and Gay
Alliance (the “Alliance”). In early July 1990, plaintiff was
interviewed by a reporter for the Newark Star-Ledger in
connection with a seminar that he had attended at Rutgers
University that addressed the psychological and health needs
of lesbian and gay teenagers. As reported on July 8, 1990, in
the Sunday edition of the Newark Star-Ledger. the seminar
18
discussed the problem of suicide among gay and lesbian
teenagers, a population which, deprived of support and
exposed to discrimination and exclusion, “suffer[s}] from
depressions and a lack of social coping skills,” and has a
suicide attempt rate of 20 to 35 percent. The article, entitled
“Seminar addresses needs of homosexual teens,” identified
plaintiff as co-president of the Alliance and printed his
picture.
21. On August 5, 1990, with no advance warning, plaintiff
received a letter from the Monmouth Council revoking his
membership in the Boy Scouts. The letter constituted the first
communication, written or otherwise, between plaintiff and any
representative of the Boy Scouts regarding defendants’ decision
to revoke plaintiff's membership. The letter stated no reason
whatsoever for the revocation. The letter advised plaintiff that
he was entitled to review of the Monmouth Council’s decision
by the Boys Scouts’ regional review committee (the “Review
Committee”) and referred plaintiff to the “Procedure for
Requesting Review of Registration Decision,” which was
attached to the letter (the “Review Procedure”). Among other
things, the Review Procedure provides that plaintiff has a right
to attend a hearing before the Review Committee.
22. On or about August 8, 1990, plaintiff sent a letier to
the Monmouth Council requesting an explanation for its
decision to revoke his membership in the Boy Scouts.
23. By letter dated August 10, 1990, the Monmouth
Council responded that plaintiff's membership had been
revoked because of his sexual orientation. The-letter referred
plaintiff to “the standards for leadership established by the
Boy Scouts of America,” which “specifically forbid membership
to homosexuals.” At no time prior to receiving this letter had
19
plaintiff seen or heard of “the standards for leadership,” or any
policies of defendants’ that “forbid membership to
homosexuals.”
24. On or about September 30, 1990, plaintiff requested
review of the Monmouth Council's decision and stated his
intention to attend the hearing before the Review Committee,
as permitted under the Review rrocedure. Plaintiff also
requested a copy of the “standards for leadership established
by the Boy Scouts of America.” to which the Monmouth
Council had referred (the “Standards for Leadership”), in
order to prepare his response to the Monmouth Council's
decision.
25. By letter dated October 5, 1990, the Assistant
Regional Director of the Boy Scouts acknowledged receipt of
plaintiff's request for review. The letter neither enclosed the
Standards for Leadership, nor referred to plaintiffs request
for the standards.
26. On or about October 16, 1990, plaintiff once again
informed the Assistant Regional Director of his intent to attend
the hearing before the Review Committee as provided under the
“Review Procedure.” Plaintiff once again requested a copy of the
Standards for Leadership.
27. Despite the clear provision of the Review Procedure
entitling plaintiff to be present at the hearing before the Review
Committee, and despite plaintiff's repeated invocation of his
right to be present at that Hearing, the Review Committee —
convened in plaintiff's absence, without notice to plaintiff, and
summarily affirmed the decision of the Monmouth Council to
revoke plaintiff's membership in the Boy Scouts. By letter dated
November 27, 1990, the Assistant Regional Director notified
20
plaintiff of the Review Committee's decision and informed him
that he was entitled to review by a National Council Review
Committee.
28. Plaintiff has not to this day received from the
Monmouth Council, the Review Committee or the BSA a copy
of the Standards for Leadership or any other policy statement of
the Boy Scouts that specifically forbids membership to certain
boys and men on the basis of affectional or sexual orientation.
29. On or about December 18, 1990, plaintiff, through his
attomeys, wrote to the Regional Director of the BSA objecting to
the summary affirmance of the revocation decision and
requesting a hearing before the Review Committee so that he
could present information and argument in defense of his
membership in the Boy Scouts.
30. On the same date, plaintiff also urged the National
Council to reverse the decision of the Monmouth council and
reinstate plaintiff's membership. Plaintiff further urged the
National Council to revoke the Boy Scout's policy of
discrimination on the basis of affectional and sexual orientation.
Plaintiff also objected to the Review Committee's failure to
observe its own review procedures. |
31. By letter dated December 21, 1990, Legal Counsel
in the National Office of Boy Scouts informed plaintiff that
“as [plaintiff] is apparently an avowed homosexual and the
Boy Scouts of America does not admit avowed homosexuals
to membership in the organization, no useful purpose would
apparently be served by having [him] present at the regional
review meeting.”
21
Plaintiffs Attempt to Be Reinstated
32. On or about July 9, 1992, plaintiff, through his
attorneys, again requested in writing that defendants abandon
their illegal policy of excluding gays from membership in the
Boy Scouts and reinstate plaintiff as an Assistant Scoutmaster
in the Monmouth Council.
33. By letter dated July 22. 1992. the Monmouth
Council denied plaintiff's request for reinstatement.
FIRST CAUSE OF ACTION
VIOLATION OF NEW JERSEY LAW
AGAINST DISCRIMINATION PROHIBITING
DISCRIMINATION BASED ON SEXUAL
ORIENTATION IN PUBLIC ACCOMMODATIONS
34. Plaintiff realleges and incorporates herein by reference
each and every allegation of paragraphs | through 33.
35. Section 10:5-12 (f) of the New Jersey Law Against
Discrimination (“NJLAD”) makes it unlawful for “any owner, . .
. agent, or employee of any place of public accommodation
directly or indirectly to refuse, withhold from or deny to any
person any of the accommodations, advantages, facilities or
privileges thereof, or to discriminate against any person in the
furnishing thereof” on the basis of that person's “affectional
or sexual orientation.” |
36. Defendants use New Jersey public accommodations
to host their activities and conduct advertising and solicitation
to induce membership among the general population of boys.
Defendants do not inform the public or applicants for
membership that membership is not open to homosexuals or
”
that affectional or sexual orientation is in any way relevant to
the issue of membership.
37. Detendants are public accommodations under the
NJLAD. Consequently, their practices are governed by
Section 10:5-12(f). Accordingly, defendants cannot exclude
potential members or expel current members based on their
affectional or sexual orientation.
38. Defendants’ revocation of plaintiff's membership
and subsequent refusal to reinstate plaintiff in the Monmouth
Council and in the Boy Scouts was based on an invidious
policy of selective discrimination based on affectional and
sexual orientation and violates the NJLAD.
SECOND CAUSE OF ACTION
VIOLATION OF NEW JERSEY LAW
AGAINST DISCRIMINATION PROHIBITING
DISCRIMINATION BASED ON SEXUAL
ORIENTATION IN EMPLOY MENT
39. Plaintiif realleges and incorporates herein by reference
each and every allegation of paragraphs | through 38.
40. Section 10:5-12(a) of the NJLAD makes it unlawful
for “an employer because of the . . . affectional or sexual
orientation . . . of any individual . . . to refuse to hire or
employ or to bar or to discharge or require to retire . . . from
employment such individual... .”
41. Section 10:5-12 (c) of the NJILAD makes it unlawful
for “an employer . . . to print or circulate or cause to be
printed or circulated any statement . . . which expresses,
23
directly or indirectly, any limitation, — specification
discrimination as to... affectional or sexual orientation... .”
42. Plaintiffs application for the position of Assistant
Scoutmaster was approved and accepted by defendants.
Plaintiff's duties and responsibilities as an Assistant Scoutmaster
were supervised and controlled by defendants. Thus, plaintiff
was an employee of defendants under the NJLAD.
43. By firing and refusing to rehire plaintiff as an Assistant
Scoutmaster solely because he is gay. and by printing and
circulating the letters informing plaintiff of defendants’
discriminatory policy as to affectional and sexual orientation,
defendants violated Sections 10:5-12 (a) and 10:5-12 (c) of the
NJLAD.
THIRD CAUSE OF ACTION
VIOLATION OF NEW JERSEY LAW
AGAINST DISCRIMINATION PROHIBITING
DISCRIMINATION BASED ON SEXUAL
ORIENTATION IN BUSINESS RELATIONSHIPS
44. Plaintiff realleges and incorporates herein by reference
each and every allegation of paragraphs | through 43.
45. Section 10:5-12(1) of the NJLAD makes it unlawful
for “any person to refuse to buy from, sell to, lease from or to,
license, contract with, or trade with, provide goods, services or
information to, or otherwise do business with any other person
on the basis of the . . . affectional or sexual orientation of such
46. Plaintiff and defendants had a business relationship.
Defendants provided plaintiff with goods, services, and
24
information. Plaintiff, in turn, provided defendants with
services.
47. By revoking and refusing to reinstate plaintiff's
position as Assistant Scoutmaster, by ceasing to provide
goods, services and information to plaintiff and to otherwise
conduct business with plaintiff solely because he is gay,
defendants violated Section 10:5-12(1) of the NJLAD.
FOURTH CAUSE OF ACTION
VIOLATION OF THE COMMON LAW
RIGHT NOT TO BE EXPELLED FROM AN
ASSOCIATION ON GROUNDS CONTRARY
TO NEW JERSEY PUBLIC POLICY
48. Plaintiff realleges and incorporates herein by
reference each and every allegation of paragraphs | through 47.
49. Plaintiff was a member of the BSA and the
Monmouth Council for twelve years. Plaintiff's expulsion
from the Boy Scouts was based on the fact that plaintiff is
gay.
50. Expulsion from a membership organization such as
the Boy Scouts on the basis of affectional or sexual
orientation is against New Jersey public policy as codified in
the NJLAD.
51. By revoking plaintiff's membership in the Boy
Scouts and refusing to reinstate him solely because plaintiff is
gay, defendants violated the New Jersey common law rule
prohibiting expulsion from membership organizations on
grounds contrary to New Jersey public policy.
25
FIFTH CAUSE OF ACTION
VIOLATION OF COMMON LAW RIGHT NOT TO BE
EXPELLED FROM AN ASSOCIATION UNLESS
ORGANIZATION FOLLOWS A FAIR PROCEDURE
52. Plaintiff realleges and incorporates herein by reference
each and every allegation of paragraphs | through 51.
53. Defendants revoked plaintiff's membership in the
Boy Scouts (a) without giving him prior notice that such a
decision was being considered; (b) without informing him of
the date of the Review Commitiee hearing; (c) without
providing him, despite his repeated requests, with a copy of
the Standards for Leadership, which purportedly provided the
basis for plaintiff's expulsion; and (d) without affording him,
despite his repeated requests, an opportunity to attend the
Review Committee hearing and present information in his
defense as provided for in the Review Procedures.
54. By reason of the foregoing, defendants violated the
New Jersey common law prohibition against expulsion
without a fair procedure.
SIXTH CAUSE OF ACTION
ESTOPPEL
55. Plaintiff realleges and incorporates herein by reference
each and every allegation of paragraphs | through 54.
56. Plaintiff was led to believe that he could be a Boy
Scout for life, on the sole condition that he continue to satisfy
the membership requirements set forth in the Boy Scouts’
published materials. Plaintiff was led to believe that he
26
would be a Scoutmaster if he continued on the path he was
on. Plaintiff satisfied all of the Boy Scouts’ express
requirements. Plaintiff wanted to become a Scoutmaster.
Plaintiff wanted to be a Boy Scout for life.
57. Defendants never informed plaintiff or his parents
that the Boy Scouts had a policy against admitting or retaining
gay boys and men as members. Had plaintiff known of the
Boy Scouts’ secret policy of expelling gay males who are
open and honest about their sexual orientation, he would have
left the Boy Scouts at the age of sixteen.
58. As a result of defendants’ promises and omissions,
plaintiff spent four years of his life expending time, money
and energy in service to the Boy Scouts, years that could have
been spent in an organization that would have welcomed him
as a lifetime member.
59. By reason of the foregoing, defendants should be
estopped from expelling plaintiff from the Boy Scouts.
* * * tin original]
60. Plaintiff maintains his desire to resume. his
association with and membership in the BSA and _ the
Monmouth Council.
61. By reason of the aforementioned acts of defendants,
plaintiff has been wrongfully excluded from a_ public
uccommodation, has been wrongfully deprived of
employment, has been denied an opportunity to do business
with defendants, has been wrongfully expelled from a
membership organization, has been denied fair procedure, has
been made to suffer emotional distress and has been damaged
27
in numerous other ways and will continue to be so damaged
unless this Court intervenes.
62. The acts of defendants amount to intentional
wrongdoing, or were done with wanton and willful disregard
of plaintiff's rights, or were done deliberately with knowledge
of a high degree of probability of harm to plaintiff and with
reckless indifference to the consequences of the acts.
WHEREFORE, plaintiff respectfully requests that this
Court grant a judgment:
(1) declaring that defendants infringed plaintiff's rights
protected by the New Jersey Law Against
Discrimination and by the common law of New
Jersey;
(2) declaring that it is unlawful in the State of New
Jersey for defendants to forbid membership or expel
current members on the basis of affectional or
sexual orientation;
(3) ordering defendants immediately to reinstate
plaintiff's membership in the Boy Scouts and his
position as Assistant Scoutmaster in the Monmouth
council;
(4) awarding plaintiff compensatory and punitive
damages for the emotional pain and suffering he has
experienced and for the loss of his valuable
privileges as a member of the Boy Scouts due to
defendants’ unlawful acts;
(5) awarding plaintiff costs and attorney's fees; and
(6) granting plaintiff such other, further, and additional
28
relief as the Court may deem just and proper.
EVANS, OSBORNE & KREIZMAN
180 White Road
Little Silver, New Jersey 07739
(908) 741-9550
Attorneys for Plaintiff
By /s/ Lewis H. Robertson
Dated: July 29, 1992
Lewis H. Robertson
CLEARY, GOTTLIEB, STEEN
& HAMILTON
One Liberty Plaza
New York, New York 10006
(212) 225-2000
Of Counsel to Plaintiff
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
666 Broadway
New York, New York 10012
(212) 995-8585
Of Counsel to Plaintiff
29
NOTICE OF OTHER ACTIONS
I herewith certify pursuant to Rule 4:5-1 that the matter in
controversy in this action is the subject of not other action,
pending in any court, or of a pending arbitration proceeding,
to the best of my knowledge, information and belief, and that
I know of no other action or arbitration proceeding that is
contemplated, nor do I know the name of any other party who
should be jointed in this action.
Dated: July 29, 1992
By /s/ Lewis H. Robertson
Lewis H. Robertson
30
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, MONMOUTH COUNTY
{CAPTION OMITTED]
ANSWER
Defendants Boy Scouts of America, improperly sued as
The Boy Scouts of America, and Monmouth Council, Boy
Scouts of America, improperly sued as The Monmouth
Council, Boy Scouts of America (“Monmouth Council”), by
their undersigned attorneys, answer the complaint as follows:
AS TO PRELIMINARY STATEMENT
1. Deny each and every allegation contained in the first
paragraph of paragraph | except admit that plaintiff became a
member of Boy Scouts of America in 1978, that he was
awarded approximately 25 merit badges, that he was awarded
the Eagle Scout badge on or about July 19, 1988, that
approximately three percent of all Boy Scouts achieve Eagle
Scout rank, and that plaintiff registered as an Assistant
Scoutmaster in 1988; deny each and every allegation
contained in the second paragraph of paragraph | except
admit that plaintiff was notified by letter dated July 19, 1990
that his registration was revoked and that he should sever any
relations with Boy Scouts of America; deny each and every
allegation contained in the third paragraph of paragraph 1;
und deny each and every allegation contained in the fourth
paragraph of paragraph |.
3]
AS TO THE PARTIES
2. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in paragraph 2.
3. Deny each and every allegation contained in
paragraph 3.
4. Admit the allegations contained in the first two
sentences of paragraph 4, and deny each and every allegation
contained in the third sentence of paragraph 4 except admit
that plaintiff was registered with Boy Scouts of America as a
youth member in Troop 73 in Monmouth Council from
September 1986 until July 1988 and as an adult member from
March 1989 until July 1990.
AS TO ALLEGATIONS
5. Admit the allegations contained in paragraph 5 and
aver that the quotation of 36 U.S.C. § 23 in paragraph 5 omits
the language “using the methods which were in common use
by Boy Scouts on June 15, 1916.” :
6. Deny each and every allegation contained in
paragraph 6 except admit that the quoted words appear at
page three of the Handbook for Boys, published in 1911.
7. Deny each and every allegation contained in the first
sentence of paragraph 7 except admit that the quoted words
appear at page 18 of The Scoutmaster Handbook, and deny
each and every allegation contained in the second sentence of
paragraph 7 and aver that adult and youth members engage in
various activities designed to encourage those persons who
share the values of the Scouting movement to join Boy Scouts
of America.
32
8. Deny each and every allegation contained in the first
sentence of paragraph 8, and admit the allegations contained
in the second sentence of paragraph 8.
9. Deny each and every allegation contained in the first
sentence of paragraph 9 except admit that Boy Scouts of
America has created policies applicable to all Boy Scout
troops, and deny each and every allegation in the second
sentence of paragraph 9 except admit that troops in
Monmouth Council conduct some activities in parks and on
school grounds in accordance with established rules.
10. Admit the allegations contained in the first sentence
of paragraph 10, and deny each and every allegation contained
in the second sentence of paragraph 10 and aver that, among
other joining requirements, a boy must understand and agree
to live by the Scout Oath and Scout Law.
11. To the extent the allegations in paragraph || mean
that the alleged materials do not state that adherence to the Scout
Oath and Scout Law is required of members, deny each and
every allegation contained in paragraph |1. To the extent the
allegations in paragraph || mean that the alleged materials do
not state that Boy Scouts of America engages in unlawful
discrimination, admit the allegations contained in paragraph 11.
12. Deny each and every allegation contsined in
paragraph 12 and aver that plaintiff applied and was accepted
for membership in Boy Scouts of America as a Cub Scout in
Pack 142 in 1978, that he subsequently became a Boy Scout
in Troop 220 in 1981 and thereafter was a Boy Scout in Troop
128 beginning in 1983 and a Boy Scout in Troop 73
beginning in 1986 and that plaintiff was a Boy Scout until his
18th birthday on August 2, 1988.
33
13. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in the first sentence of paragraph 13, deny each and
every allegation contained in the second sentence of
paragraph 13 except admit that plaintiff was awarded the
badges set forth therein, deny each and every allegation
contained in the third and fourth sentences of paragraph 13
except admit that plaintiff was awarded merit badges in camping.
canoeing. citizenship in the community, citizenship in the nation,
citizenship in the world, communications, cooking,
environmental science, first aid, fish and wildlife management,
forestry, indian lore, lifesaving, mammals, music, pioneering,
personal management, reptile study, rowing, safety, small boat
sailing, sports, swimming and wood carving and that plaintiff
earned the Arrow of Light Award as a Cub Scout, attended
the National Boy Scout Jamboree, was a guest speaker at a
Joshua Huddy Distinguished Citizenship Award Dinner and
completed his Eagle Scout project at Holmdel Park Activities
Center.
14. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
containes in paragraph 14 except admit that plaintiff was a
Vigil Honor member of the Order of the Arrow, an honorary
camping society of members of Boy Scouts of America.
15. Deny each and every allegation contained in
paragraph 15 except admit that plaintiff served as junior
assistant Scoutmaster from September 1985 to July 1988.
16. Deny each and every allegation contained in the first
and third sentences of paragraph 16 except admit that plaintiff
applied for and was admitted to adult membership and aver
that plaintiff represented that he subscribed to the policies and
34
principles of Boy Scouts of America, that he agreed to be
guided by the Charter and Bylaws of Boy Scouts of America
and that he met the recirements for adult leaders of Boy
Scouts of America, anc adit the allegations contained in the
second sentence of paragraph 16.
17. Deny cach and every allegation contained in
paragraph 17 except admit that the quoted words appear at
page 219 of The Scoutmaster Handbook.
18. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in paragraph 18.
19. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in paragraph 19.
20. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in paragraph 20 except admit that an article,
entitled and containing a picture and the quoted words as
alleged, appeared in the July 8, 1990 edition of the New ark
Star-Ledger.
21. Deny each and every allegation contained in
paragraph 21 except admit that by letter dated July 19, 1990
the Council Executive of Monmouth Council advised plaintiff
that after careful review it had been decided that his
registration with Boy Scouts of America should be revoked,
that he was therefore compelled to request that plaintiff sever
any relations with Boy Scouts of America and that a regional
review committee of Boy Scouts of America would review
that decision if plaintiff so requested within 60 days.
35
22. Deny each and every allegation contained in
paragraph 22 except admit that by letter dated August 8, 1990
to Monmouth Council plaintiff requested the grounds or basis
for the decision.
23. Deny each and every allegation contained in
paragraph 23 except admit that Monmouth Council responded
by letter dated August 10, 1990 and that the quoted words
wppear in the letter.
24. Deny each and every allegation contained in
paragraph 24 and aver that by letter dated September 30, 1990
plaintiff requested review of the decision to revoke his
registration, stated that he “would like to attend” the review
and requested “a copy of the ‘standards for leadership
established by the Boy Scouts of America."”
25. Admit the allegations contained in paragraph 25.
26. Deny each and every allegation contained in
paragraph 26 except admit that by letter dated October 16,
1990 plaintiff stated that he planned to attend the review and
requested “a copy of the ‘standards for leadership established
by the Boy Scouts of America.”
27. Deny each and every allegation contained in the first
sentence of paragraph 27 except admit that the review
committee convened in plaintiff's absence and affirmed the
decision of Monmouth Council, and admit the allegations
contained in the second sentence of paragraph 27.
28. Deny each and every allegation contained in
paragraph 28.
29. Deny each and every allegation contained in
paragraph 29 and aver that an attorney purporting to represent
36
plaintiff by letter dated December 18, 1990 wrote to the
Assistant Regional Director requesting that the decision of the
review committee be revoked.
30. Deny each and every allegation contained in
paragraph 30 and aver that an attorney purporting to represent
plaintiff by letter dated December 18, 1990 wrote to the Chief
Scout Executive of Boy Scouts of America.
31. Admit the allegations contained in paragraph 31.
32. Deny each and every allegation contained in
paragraph 32 except admit that by letters dated July 9, 1992
another attorney purporting to represent plaintiff characterized
Boy Scouts of America’s adult membership policies as
“illegal” and demanded that plaintiff be reinstated as
Assistant Scoutmaster.
33. Deny each and every allegation contained in
paragraph 33 except admit that Monmouth Council wrote to
plaintiff by letter dated July 22, 1992.
AS TO FIRST CAUSE OF ACTION
34. In response to the allegations contained in paragraph
34, repeat and reallege paragraphs | through 33 hereof with
the same force and effect as though here set forth in full.
35. Deny each and every allegation contained in
paragraph 35 except admit that the quoted words appear in the
statute.
36. Deny each and every allegation contained in
paragraph 36.
37. Deny each and every allegation contained in
paragraph 37.
37
38. Deny each and every allegation contained in.
paragraph 38.
AS TO SECOND CAUSE OF ACTION
39. In response to the allegations contained in paragraph
39, repeat and reallege paragraphs | through 38 hereof with
the same force and effect as though here set forth in full.
40. Deny each and every allegation contained in
paragraph 40 except admit that the quoted words appear in the
statute.
41. Deny each and every allegation contained in
paragraph 41 except admit that the quoted words appear in the
Statute.
42. Deny each and every allegation contained in
paragraph 42.
43. Deny each and every allegation contained in
paragraph 43.
AS TO THIRD CA OF ACTION
44. In response to the allegations contained in paragraph
44, repeat and reallege paragraphs | through 43 hereof with
the same force and effect as though here set forth in full.
45. Deny each and every allegation contained in
paragraph 45.
46. Deny each and every allegation contained in
paragraph 46.
47. Deny each and every allegation contained in
paragraph 47.
38
AS TO FOURTH CAUSE OF ACTION
48. In response to the allegations contained in paragraph
48, repeat and reallege paragraphs | through 47 hereof with
the same force and effect as though here set forth in full.
49. Deny each and every allegation contained in
paragraph 49 except admit that plaintiff was a member of Boy
Scouts of America for a significant portion of the twelve year
period before his registration was revoked.
50. Deny each and every allegation contained in
paragraph SO.
51. Deny each and every allegation contained in paragraph
SI.
AS TO FIFTH CAUSE OF ACTION
52. In response to paragraph 52, repeat and reallege
paragraphs | through 51 hereof with the same force and effect
as though here set forth in full.
53. Deny each and every allegation contained in
paragraph 53.
54. Deny each and every allegation contained in
paragraph 54.
AS TO SIXTH CAUSE OF ACTION
55. In response to paragraph 55, repeat and reallege
paragraphs | through 54 hereof with the same force and effect
as though here set forth in full.
56. Deny each and every allegation contained in the
first, second, third and fifth sentences of paragraph 56, and
39
state that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in the fourth sentence of paragraph 56.
57. Deny each and every allegation contained in
paragraph 57.
58. Deny each and every allegation contained in
paragraph 58.
59. Deny each and every allegation contained in
paragraph 59.
60. State that they are without knowledge or information
sufficient to form a belief as to the truth of the allegations
contained in paragraph 60.
61. Deny each and every allegation contained in
paragraph 61.
62. Deny each and every allegation contained in
paragraph 62.
WHEREFORE, defendants Boy Scouts of America and
Monmouth Council demand judgment:
A. dismissing the complaint with prejudice;
B. awarding defendants their costs; and
C. granting such other and further relief as the Court
may deem just and proper.
SEPARATE DEFENSES
1. The complaint fails to state a claim upon which
relief may be granted.
2. Monmouth Council and Boy Scouts of America are
each institutions, bona fide clubs, or places’ of
accommodation which are in their nature distinctly private
and are exempt from the New Jersey Law Against
Discrimination.
3. Monmouth Council and Boy Scouts of America are
each educational facilities operated or maintained by bona
fide religious or sectarian institutions and are exempt from the
New Jersey Law Against Discrimination.
4. Monmouth Council and Boy Scouts of America
each act in loco parentis to direct the education and
upbringing of the children in their control and are exempt
from the New Jersey Law Against Discrimination.
5. Plaintiff and defendants do not share an employment
relationship or any other relationship covered under the New
Jersey Law Against Discrimination.
6. Boy Scouts of America is a national volunteer
movement dedicated to inculcating the values of the Scouting
movement in boys and young people.
(a) It is the mission of Boy Scouts of America to
serve youth by helping to instill in them the values of the
Scout Oath and the Scout Law and to prepare them to make
ethical choices over their lifetime.
4]
(b) The Scout Oath states,
On my honor I will do my best
To do my duty to God and my country and
to obey the Scout Law; .
To help other people at all times:
To keep myself physically strong,
mentally awake, and morally straight.
The Scout Law states,
A Scout is: Trustworthy, Loyal,
Helpful, Friendly, Courteous, Kind,
Obedient, Cheerful, Thrifty, Brave,
Clean, Reverent.
(c) Adult members of Boy Scouts of America
associate in neighborhood troops in Monmouth Council in
order to bring the values of the Scouting movement to boys
who have joined Boy Scout troops.
(d) Adult leaders such as Assistant Scoutmasters
play a critical role in transmitting Scouting values to the boys
in their troops, through teaching, counseling, example and
other means.
(e) It is the position of Boy Scouts of America that
homosexual conduct is inconsistent with the requirements of
the Scout Oath and Scout Law to be morally straight and clean.
(f) Requiring acceptance of an open or avowed
homosexual as an Assistant Scoutmaster would interfere with
the process of communication and transmission of Scouting
values to the boys in the troop.
(g) To the extent the New Jersey Law Against
Discrimination were applied to force defendants to accept
42
plaintiff, an avowed homosexual, as an adult leader, those
statutes would unconstitutionally infringe upon the rights of
association of the members of Boy Scouts of America in
Monmouth Council under the New Jersey and United States
Constitutions.
Dated: September 25, 1992
Freehold, New Jersey
CERRATO, DAWES, COLLINS,
SAKER & BROWN
Wemrock Professional Mall
509 Stillwells Corner Road
P.O. Box 930
Freehold, New Jersey 07728
By: /s/ Sanford D. Brown
Sanford D. Brown
PURPOSE
43 -
Selected Exhibits to Certification of
Ayala Deutsch, Attorney For Respondent
FACT SHEET
ORDER OF THE ARROW
(excerpts)
The purpose of the Order of the Arrow is
fourfold:
1. To recognize those Scout campers who best exemplify the
Scout Oath and Law in their daily lives
2. To develop and maintain camping traditions and spirit
>
To promote Scout camping
To crystallize the Scout habit of helpfulness into a life
purpose of leadership in cheerful service to others
HISTORY
The Order of the Arrow (OA) was founded
by Dr. E. Umer Goodman and Carroll A.
Edson in 1915 at the Treasure Island Camp
of the Philadelphia Council Boy Scouts of
America. It became an official program
experiment in 1922 and was approved as
part of the Scouting program in 1934. In
1948 the OA, recognized as the BSA’s
national brotherhood of honor campers,
became an official part of the national
camping program of the Boy Scouts of
America. -
MEMBERSHIP
ELIGIBILITY
INDUCTION
BROTHERHOOD
MEMBER
44
The OA has more than 160,000 members
located in lodges affiliated with 397 local
BSA councils.
To become a member, a youth must be a
registered member of a Boy Scout troop or
Varsity Scout team and hold the First Class
rank. The youth must have experienced a
minimum of 15 days and nights of Scout
camping (including a 6-day/night resident
camp). Scouts are elected to the order by
their fellow unit members, following
approval by the Scoutmaster or Varsity
Team Coach.
The induction ceremony, called the Ordeal,
is conducted at Scout camp and is the first
step toward full membership. During the
experience, candidates maintain complete
silence, receive small amounts of food,
work on camp improvement projects, and
are required to sleep alone, apart from other
campers, which teaches significant values.
After 10 months of service and fulfilling
certain requirements, a member may take
part in the Brotherhood ceremony, which
places further emphasis on the ideals of
Scouting and the Order. Completion of this
ceremony signifies full membership in the
OA.
VIGIL HONOR
45
After 2 years of service as a Brotherhood
member, and with the approval of the
national Order of the Arrow Committee, a
Scout may be recognized with the Vigil
Honor for outstanding service to Scouting.
his. lodge, and the community. This honor
is by special selection and is limited to |
person for every 50 members registered
with the lodge each year.
* * *k *
46
FACT SHEET
THE PRESIDENTS OF THE UNITED STATES
AND THE BOY SCOUTS OF AMERICA
One of the causes contributing to the success of the
Boy Scouts of America has been the thoughtful,
wholehearted way in which each President of the
United States since William Howard Taft in 1910 has
taken an active part in the work of the movement. Each
served as Honorary President during his term in office.
President Reagan became involved in Scouting with the
Golden Empire Council in Sacramento, Calif., while serving
us governor of the state. During his 8 years in office, he
chaired Project SOAR (Save Our American Resources),
served as membership roundup chairman, participated in
annual Report to the Governor ceremonies, and served on the
council’s advisory board. For his service to youth, he was
awarded the Silver Beaver Award. As a member of the Los
Angeles Area Council, he served as Scoutorama chairman, as
a speaker for the council recognition dinner, and as a
sustaining member.
“| applaud your many efforts and programs encouraging
character development and leadership among American
youth. By sponsoring many useful physical, mental, and
social activities designed to promote self-responsibility, the
Scouts strengthen the cornerstone of individual freedom in
our nation. These programs develop the youngster’s
confidence in his ability to deal with nature, society, and a
challenging world.”
Ronald Reagan
47
[PHOTOS OMITTED]
President Carter was involved in Scouting as a troop
commitiee chairman, Explorer Advisor, and Scoutmaster. In
support of the President's appeal for an energy conservation
program, the Boy Scouts of America held a Scouting
Environment Day. April 23 1977. with other programs
planned to make a major contribution toward achieving
national energy conservation goals.
“As a former volunteer Scout leader... | am_ greatly
impressed by the role of your fine program in our national
life. Mt is a constructive initiative on the part of young
Americans to explore career interests and to become better
prepared for a more satisfying and rewarding future.”
{PHOTO OMITTED]
Gerald Ford was the first Eagle Scout to become Vice
President and later President. He began his Scouting career
on December 17, 1924, when he became a member of Troop
15, sponsored by the Trinity M.E. Church in Grand Rapids,
Mich. He was recognized with the Distinguished Eagle Scout
Award “for his service to the Nation and community,” by the
Grand Valley Council at Grand Rapids, Mich., in May 1970.
He received the Scouter of the Year Award on December 2,
1974, from the National Capitol Area Council, Washington,
D.C.
“One of the proudest moments of my life came in the Court of
Honor when | was awarded the Eagle Scout badge. | still
have that badge. It is a treasured possession. | am the first
Eagle Scout Vice President. The three great principles which
Scouting provides--self-discipline, teamwork, and moral and
patriotic values--are the basic building blocks of leadership. |
48
applaud the Scouting program for continuing to emphasize
them. | am confident that your ability to bring ideals, values,
and leadership training to millions of our young people will
help to bring about a new era--a time in which not only our
Republic will progress in peace and freedom, but a time in
which the entire world shall be secure, and all its people
free.”
Gerald R. Ford
President Nixon hosted the First National Explorer
Presidents’ Congress in 1971 on the White House lawn. As
Vice President he visited and spoke at the national jamborees
held at Irvine Ranch, Calif., in 1953, and at Valley Forge
State Park, Pa., in 1957.
“I welcome your determination to seek out new members in
our great and growing cities, as well as throughout rural
America. For through Scouting many of these young citizens
can more fully develop their potential for public service and
become effective leaders in their communities and in our
nation.
“I strongly believe that Scouting offers an exceptional
opportunity to learn about good citizenship by being a good
citizen, and | am glad to hear that we can count on you to
carry on the very important work... in encouraging
America’s boys to make themselves into the men our country
needs.”
Richard M. Nixon
[PHOTO OMITTED}
President Johnson was an active Scout leader with the Capitol
Area Council at Austin, Texas, serving on its Exploring
49
committee. He was a member of the National Capitol Area
Council from 1959 through 1963. In 1963 he helped to
organize Post 1200 in Washington, D.C., which was chartered
to the House of Representatives for page boys working in the
U.S. Congress.
“| welcome this opportunity to express my pride and deep
sense of gratitude for the outstanding example and enviable
reputation for human understanding and fair play which have
throughout the productive life of your organization been
hallmarks of Scouting everywhere. Your conduct, both
individually and in your group activities, has been worthy of
admiration by all the young citizens of our land. Today, as
we face the challenges of an increasingly complex and
frequently disturbing world, America needs an alert,
responsible, and energetic youth to provide her with a vital
resource in a hopefully happier and fuller future for all. As I
applaud your past, I also urge you to rededicate yourselves to
the ideals of the Scout Oath, and to reaffirm your obligations
to God and to your country. In so doing, you will contribute
to the strengthening of America’s heritage and thereby to the
realization of our common goals in the Great Society.”
Lyndon B. Johnson
[PHOTOS OMITTED]
President Roosevelt was the first to enter the White House
with a record as an active Scout leader. He was president of
the Greater New York Councils of the Boy Scouts of
America. In 1934 hundreds of thousands of Scouts assembled
to hear President Roosevelt's broadcast appealing for help for
the needy. In response, Scouts contributed by collecting
nearly 2 million articles of clothing, household furnishings,
50
and other articles for needy families. When FDR died in
1945, he had a record of 24 years’ service in Scouting.
“As one who has been interested in Scouting over many
years, it has been most heartening to have so many evidences
of the practical values of Scout training. We must remember
that next to active military service itself, there is no higher
opportunity for serving our country than helping youth to
carry on in their efforts to make themselves physically strong,
mentally awake, and morally straight, and prepared to help
their country to the full in time of war, as well as in time of
peace. We must make sure that those volunteer agencies
which are supplementing the church, the home, and the
school by providing programs that will help equip the present
generation to cope with life problems in the difficult days
ahead are maintained to their maximum capacity and
effectiveness.”
Franklin D. Roosevelt
President Hoover launched a forward movement and
development program for the Boy Scouts of America at a
dinner commemorating Scouting’s 20th anniversary.
“The first test of democracy is that each individual shall have
the opportunity to take that position of leadership in the
community to which his character, his ability, and his
ambition entitle him; and because the progress of our country
is thus directly related to the training in leadership we can
give the youth of the Nation. In meeting the vital need that
when the oncoming generation takes over our national affairs
it shall be a generation bulwarked with character, the Boy
Scout movement plays a most useful part.
51
“The Boy Scout movement has opened for him the portals to
adventure and constructive joy, by reviving the lore of the
frontier and the campfire: by establishing contacts with the
birds and sometimes with the bees; by matching his patience
to the deliberate character of fish; by efficient operations of
the swimming hole; and by peeps into the thousand mysteries
of the streams, the trees, and the stars.”
Herbert C. Hoover
{PHOTOS OMITTED}
President Coolidge’s two sons were Scouts, and he had many
opportunities to see the Scout program at work. He
participated in the 16th Annual Meeting of the National
Council in Washington, D.C., in 1926 by presenting the first
Silver Buffalo Award for distinguished service to boyhood.
“The more | have studied this movement, its inception,
purposes, organization and principles, the more | have been
impressed. Not only is it based on the fundamental rules of
right thinking and acting, but it seems to embrace in its code
almost every virtue needed in the personal and social life of
mankind. It is a wonderful instrument for good. If every boy
in the United States could be placed under the wholesome
influences of the Scout program and should live up to the
Scout Oath and rules, we would hear fewer pessimistic words
as to the future of our nation.”
[PHOTO OMITTED]
The first Scout to become President was John F. Kennedy,
who was a member of Troop 2, Bronxville, N.Y., from 1929
to 1931 and a leader of the Boston Council.
52 , in
“For more than SO years Scouting has played an important
part in the lives of the Boy Scouts of this nation. It has helped
to mold character, to form friendships, to provide a
worthwhile outlet for the natural energies of growing boys
and to train these boys to become good citizens of the future.
“In a very real sense, the principles learned and practiced as
Boy Scouts adds to the strength of America and her ideals.”
John F. Kennedy
President Eisenhower became a member of the national
Executive Board of the Boy Scouts of America in 1948. He
had been a staunch supporter of Scouting ever since his son
was a Scout.
“The Boy Scout movement merits the unstinted support of
every American who wants to make his country and his world
a better place in which to live. Its emphasis on community
service and tolerance and world friendship promotes a
speedier attainment of the enduring peace among men for
which we all strive. By developing among its members both
a spirit of sturdiness, self-reliance, and a realization of the
need for cooperative effort in every major enterprise, the
movement is a prime force in preparing tomorrow's men for
their duty to themselves, their country, and their world. Here
in the United States the Boy Scouts of America have
accomplished much in its years of service. But today, more
than ever before, we need expansion of its membership and
influence.”
Dwight D. Eisenhower
[PHOTOS OMITTED}
53
President Truman gave strong support to the Boy Scouts of
America at every opportunity. He traveled to Valley Forge, Pa.,
in June 1950 to open personally the Second National Jamboree.
“The Boy Scouts of America, since it was founded in 1910,
has contributed greatly to the character training of our youth,
What a greater nation this would be if the principles of
Scouting could be woven more closely into our daily lives. If
we can impress upon our youth principles of friendliness and
mutual respect we shall go a long way toward establishing a
better understanding among the nations of the world. The
Boy Scouts of America is making a vital contribution to the
character building of our boys and young men. Let us work
together to make the program of the Boy Scouts available to
every American boy.”
Harry S. Truman
“Harding Awards” authorized by President Harding went to
5,058 Scout troops in 1923 for having increases in membership.
“I am with the Scout movement heart and soul. It is an
organization teaching the spirit of service and honor which
we must always have in our citizenship. It is a school of
democracy because in it, standing is won only by taking the
equal opportunity given all individuals to show their own
merit, capacity, and worth. I wish every boy in our America
could have the advantage and the honor of being in the Boy
Scout organization.”
Warren G. Harding
[PHOTOS OMITTED]
54
President Wilson signed a bill on June 15, 1916 which was
passed by both Houses of Congress by unanimous consent
granting the organization federal incorporation.
“The Boy Scouts have not only demonstrated their worth to the
Nation, but have also materially contributed to a deeper
appreciation by the American people of the higher conception of
patriotism and good citizenship. Every nation depends for its
future upon the proper training and development of its youth.
The American boy must have the best training and discipline our
great democracy can provide if America is to maintain her ideals,
her standards, and her influence in the world. Anything that is
done to increase the effectiveness of the Boy Scouts of America
will be a genuine contribution to the welfare of the Nation.”
Woodrow Wilson
When President Taft in 1910 agreed to be Honorary President
of the Boy Scouts of America, he set a precedent accepted by
each of his successors. President Taft accepted to “thus
sustain a similar relation to the movement as does King
George V to a similar movement in England.” The First
Annual Meeting of the organization was held in the White
House at the invitation of President Taft.
“Tam very glad to give my sympathy and support to such a
movement as this. Anything that directs the boy's spirit in the
right channel for usefulness and for the making of manly men
should be encouraged.” |
[PHOTOS OMITTED}
Theodore Roosevelt was no longer President of the United States
when the Boy Scouts of America was started in 1910. But he
was an ardent booster of the organization. He was a troop
committeeman of Troop 39, Oyster Bay, N.Y., and first council
55
commissioner of Nassau County Council. As a former President
he was elected an Honorary Vice-President of the Boy Scouts of
America. He was the first and only man designated as the “Chief
Scout Citizen.” For many years after his death in 1919, several
thousand Scouts and leaders in the New York area made annual
pilgrimages to his grave in Oyster Bay.
“More and more I have grown to believe in the Boy Scout
movement. | regard it as one of the movements most full of
promise for the future here in America. The Boy Scout
movement is distinctly an asset to our country for the
development of efficiency, virility, and good citizenship. It is
essential that its leaders be men of strong, wholesome
character; of unmistakable devotion to our country, its
customs and ideals, as well as in soul and by law citizens
thereof, whose wholehearted loyalty is given to this nation,
and to this nation alone.”
ARTICLE V, SECTION 2—BYLAWS
HONORARY OFFICERS
SECTION 8.
Honorary President and Vice-President
Clause . The President of the United States may, during
term of office, be elected to be the Honorary President of the
Boy Scouts of America. In addition, living former Presidents
of the United States and other citizens who have rendered
distinguished service to our country through work for young
people may be elected to be honorary vice-presidents. Such
election shall be by the Executive Board upon the
recommendation of the Nominating Committee for such
terms as the Executive Board shall specify.
56
FACT SHEET
WHAT IS BOY SCOUTING?
PURPOSE OF THE BSA
Boy Scouts of America was incorporated to provide, for
community organizations, a program that offers effective
character, citizenship, and personal fitness training for youth.
Specifically, the BSA endeavors to develop American citizens
who are physically, mentally, and emotionally fit; have a high
degree of self-reliance as evidenced in such qualities as
initiative, courage, and resourcefulness; have personal values
based on religious concepts; have the desire and skills to help
others; understand the principles of the American social,
economic, and governmental systems; are knowledgeable
ubout and take pride in their American heritage and
understand our nation’s role in the world; have a keen respect
for the basic rights of all people; and are prepared to
participate in and give leadership to American society.
BOY SCOUT PROGRAM MEMBERSHIP
Boy Scouting, one of three membership divisions of BSA (the
others are Cub Scouting and Exploring), is available to boys
who are at least 10 42 years old and have completed the fifth
grade or who are || through 17 years old. The program
achieves BSA’s objectives of developing character, citizenship,
und personal fitness qualities among youth by focusing on a
vigorous program of outdoor activities.
Currently, the Boy Scout program membership is:
57
| .032.488 Boy Scouts*
421.508 adult volunteers* 53.796 troops*
VOLUNTEER SCOUTERS
Thousands of volunteer leaders, both men and women, are
involved in the Boy Scout program. They serve in a variety
of jobs—everything from unit leaders to chairmen of troop
committees, to committee members and commissioners. to
merit badge counselors and Scouting coordinators.
WHO CAN USE THE BOY SCOUT PROGRAM?
Like other phases of the Scouting program, Boy Scouting is
made available to community organizations having similar
interests and goals. Chartered organizations include
professional organizations, government bodies, and religious,
education, civic, fraternal, business, labor, and citizens’
groups. These sponsors are called chartered organizations.
Each organization appoints one of its members as Scouting
coordinator. The organization, through the committee, is
responsible for leadership, the meeting place, and support for
troop activities.
WHO PAYS FOR IT?
Several groups are responsible for supporting Boy Scouting:
the boy and his parents, the troop, the chartered organization,
and the community. Boys are encouraged to earn money
whenever possible to pay their own expenses, and they also
contribute dues each week to their troop treasuries to pay for
budgeted items. Troops obtain additional income by working
58
on approved money-earning projects. The community,
including parents, supports Scouting through the United Way,
sustaining membership enrollment, bequests, and special
contributions to the local Scouting council. This provides
leadership training, outdoor program, council service centers
and other facilities, and professional service for units.
AIMS AND METHODS OF THE SCOUTING
PROGRAM
The Scouting program has three specific objectives,
commonly referred to as the “Aims of Scouting.” They are
character development, citizenship training, and personal
fitness.
The methods by which the aims are achieved are listed below
in random order to emphasize the equal importance of each.
Ideals. The ideals of Boy Scouting are spelled out in the
Scout Oath, the Scout law, motto, and slogan. The Boy Scout
measures himself against these ideals and continually tries to
improve. The goals are high, and, as he reaches for them, he
has some control over what he becomes.
’ Patrols. The patrol method gives Boy Scouts an experience
in group living and participating citizenship. It places a
certain amount of responsibility on young shoulders and
teaches boys how to accept it. The patrol method allows
Scouts to act in small groups where they can easily relate to
each other. These small groups determine group activities
through their elected representatives.
Outdoor Program. Boy Scouting is designed to take place
outdoors. It is in the outdoors setting that Scouts share
responsibilities and learn to live with each other. It is here
59
that the skills and activities practiced at troop meetings come
alive with purpose. Being close to nature helps Boy Scouts
gain an appreciation for God's handiwork and mankind's
place in it. The outdoors is the laboratory for Boy Scouts to
learn ecology and practice conservation of nature's resources.
Advancement. Boy Scouting provides a series of
surmountable obstacles and steps to overcome them through
the advancement method. The Boy Scout plans his
advancement and progresses at his own pace as he overcomes
each challenge. The Boy Scout is rewarded for each
achievement, which helps him gain self-confidence. The
steps in the advancement system help a boy grow in self-
reliance and the ability to help others.
Personal Growth. As Boy Scouts plan their activity and
progress toward their goals, they experience personal growth.
The Good Turn concept is a major part of the personal growth
method of Boy Scouting. Boys grow as they participate in
community service projects and do Good Turns for others.
There is probably no device so successful in developing a
basis for personal growth as the daily Good Turn. The
religious emblems program also is a large part of the personal
growth method. Frequent personal conferences with his
Scoutmaster help each Boy Scout to determine his growth
toward Scouting’s aims.
Leadership Development. The Boy Scout Program encourages
boys to lear and practice leadership skills. Every Boy Scout has
the Opportunity to participate in both shared and total leadership
situations. Understanding the concepts of leadership helps a boy
accept the leadership role of others and guides him toward the
citizenship aim for Scouting.
60
Uniform. The uniform makes the Boy Scout troop visible as
u force for good and creates a positive youth image in the
community. Boy Scouting is an action program, and wearing
the uniform ts an action that shows each Boy Scout's
commitment to the aims and purposes of Scouting. The
uniform gives the Boy Scout identity in a world brotherhood
of youth who believe in the same ideals. The uniform is
practical attire for Boy Scout activities and provides a way for
Boy Scouts to wear the badges that show what they have
accomplished.
61
SCOUT LAW
TRUSTWORTHY
A Scout tells the truth. He keeps his promises. Honesty is
part of his code of conduct. People can depend on him.
LOYAL
A Scout is true to his family, Scout leaders, friends, school,
and nation.
HELPFUL
A Scout is concerned about other people. He does things
willingly for others without pay or reward.
FRIENDLY
A Scout is a friend to all. He is a brother to other Scouts. He
secks to understand others. He respects those with ideas and
customs other than his own.
COURTEOUS
A Scout is polite to everyone regardless of age or position.
He knows good manners make it easier for people to get
along together.
KIND
A Scout understands there is strength in being gentle. He
treats others as he wants to be treated. He does not hurt or
kill harmless things without reason.
62
OBEDIENT
A Scout follows the rules of his family, school, and troop. He
obeys the laws of this community and country. If he thinks
these rules and laws are unfair, he tries to have them changed
in an orderly manner rather than disobey them.
CHEERFUL
A Scout looks for the bright side of things. He cheerfully
does tasks that come his way. He tries to make others happy.
THRIFTY
A Scout works to pay his way and to help others. He saves
for unforeseen needs. He protects and conserves natural
resources. He carefully uses times and property.
BRAVE
A Scout can face danger even if he is afraid. He has the
courage to stand for what he thinks is right even if others
laugh at or threaten him.
CLEAN
A Scout keeps his body and mind fit and clean. He goes
around with those who believe in living by these same ideals.
He helps keep his home and community clean,
REVERENT
A Scout is reverent toward God. He is faithful in his religious
duties. He respects the beliefs of others.
63
SCOUT OATH OR PROMISE
On my honor I will do my best
To do my duty to God and my country
and to obey the Scout Law:
To help other people at all times:
To keep myself physically strong.
mentally awake, and morally straight.
SCOUT MOTTO SCOUT SLOGAN
Be Prepared Do a Good Turn Daily
ADVANCEMENT RANKS
[IMAGE [IMAGE [IMAGE
OMITTED] OMITTED] OMITTED}
Tenderfoot Second Class First Class
[IMAGE [IMAGE [IMAGE
OMITTED] OMITTED] OMITTED]
Star Life Eagle
64
A REPRESENTATIVE MEMBERSHIP
(excerpts)
What Is a Representative Membership?
“To deeply imvolve an ever-increasing number of
representative youth in quality program” is a long-term
objective of the Boy Scouts of America—a commitment to a
membership that is representative of all economic and racial
groups. The national objective, as well as for regions, areas,
councils, and districts is to see that all eligible youth have the
opportunity to affiliate with the Boy Scouts of America and
receive the finest possible quality program under the best
leadership available.
65
LOCAL DEFINITION
A council or district has a representative membership when
its boy membership reflects proportionately the characteristics
of the boy population of its service area.
NATIONAL DEFINITION
The Boy Scouts of America will have a representative
membership when the boy membership of the movement
reflects proportionately the characteristics of the boy
population of the nation. For this to occur the national
organization, through its regional and area volunteer and
professional leadership, will support councils and districts in
working toward a representative membership.
Note: This definition does nor refer to the proportion of boys
in each annual age group from 7 to 21. Neither does it
suggest that we will have a representative proportion of our
membership in cach of the Boy Scouts of America program
phases.
Goals in each council and district are different in numbers and
in proportions, but together they work toward the national
objective.
But we could reach other numerical objectives and yet fail to
achieve a representative membership. The long-range
objective of achieving a representative membership is one of
the most significant and challenging aspects of our program.
We are shifting our focus from mere growth to representative
growth. We have grown through the years and we have been
proud of a kind of representativeness indicated by the fact that
Scouting has enrolled boys from all parts of America, from all
religious denominations, from all racial and ethnic groups,
and from all levels of society. We know the movement has
always wanted to be representative and yet as we look
critically at ourselves and as others evaluate Scouting, we
become acutely aware that we have not served some groups as
well as others.
The problems have become more complex, and Scouting’s
efforts to grow have often caused us to shift our greatest
efforts to areas where growth could be most readily achieved.
Rather than make needed changes in our system, we have
tended to move toward those who could best understand and
use the system.
To achieve the present membership, the movement has
creatcd patterns of operation that have served it well. In many
66
locations, the proportion of boys in Scouting long ago
exceeded one boy in four. If we were able to enroll every boy
in America, we would, of course, be perfectly representative,
We know that this is unrealistic and, therefore, as we strive to
increase Our membership, we are at the same time striving
toward a representative membership.
Why a Representative Membership?
We have high hopes for our nation’s future. These hopes
cannot flower if any part of our citizenry feels deprived of the
opportunity to help shape the future. How can you persuade
other Scouters to accept a commitment to a representative
membership? Consider these facts:
1. Our federal charter sets forth our obligation to serve boys.
Neither the charter nor the bylaws of the Boy Scouts of
America permits the exclusion of any boy. The National
Council and Executive Board have always taken the
position that Scouting should be made available for all
boys who meet entrance age requirements,
tv
While boys of all economic levels want to be Scouts,
research indicates that the desire among non-Scouts for
Scouting membership is greater among low-income than
middle- and upper-income boys.
3. A_ principal aim of Scouting is the development of
citizenship. In our society all adults have equal
citizenship responsibilities. The fulfillment of this aim
requires that the benefits of Scout training in citizenship
be made available to all segments of the youth
population.
67
Another aim of Scouting is the development of
leadership. Leadership in America is needed in all
sections of the country and in all economic, cultural, and
ethnic groups,
To meet these responsibilities we have made a
commitment that our membership shall — be
representative of a// the population in every community,
district, and council.
Discerning professional and business leadership is
taking a more careful look at the extent to which
programs like Scouting are serving low-income, Black,
Hispanic, Appalachian, and other underserved
population groups.
Many types of funding agencies are challenging us to be
more deeply involved in serving disadvantaged groups.
We can predict that some gifts, grants, and allocations
will be linked to the extent to which we serve a
representative membership and relate to those needs
which pose the most serious threats to the well-being of
our communities.
Internal organizational self-analysis and self-renewal is
preferable to outside attack which is otherwise possible
due to our failure to adequately interpret our program
and serve all groups.
Many of the underserved groups of boys are those who
may profit most from the values and contributions
Scouting offers.
68
10. Our urban industrial society is the most interdependent
society in human history. (Poverty affects the nonpoor
today in as many ways as the nonpoor affect poverty.)
Inner-city, suburb, small town, and rural countryside are
inseparably interrelated. Scouting must, therefore, serve
all segments of the American population.
* ke * *
69
ORGANIZATIONS THAT USE SCOUTING
KEYS TO RELATIONSHIPS
BOY SCOUTS OF AMERICA
(excerpts)
* * * *
Educational Organizations
The basis of the Scouting program is education. The
congressional charter to the Boy Scouts of America carries
the statements “The Scout scheme is based upon the methods
involved in educating the boy” and “is intended to
supplement and enlarge established education facilities.”
BSA bylaws state that “that emphasis shall be based on its
educational program.”
The Scout learns outdoor skills as progressive challenges.
Youth also acquire leadership skills and investigate self-
chosen fields of vocational and career opportunities with
qualified counselors in the subjects.
National groups of school-related professionals have a
keen interest in Scouting by virtue of its “learning by doing”
techniques. School superintendents, high school principals,
rural educators, teachers — all have separate national
associations which have expressed support of Scouting.
The National Congress of Parents and Teachers (PTA)
finds a real parallel in their five objectives and Scouting’s
purposes. Both are geared to “kids.” More than 26 percent of
Scouting’s chartered organizations are PTA and _ other
academic and education organizations.
70
Associations for the handicapped, in their desire to make
life more meaningful to afflicted youngsters, have discovered
in Scouting a great resource. The National Association for
Retarded Citizens, the Easter Seal Society, associations for
victims of cerebral palsy and epilepsy, the blind, and groups
for exceptional children all endorse Scouting and promote it
through their respective state and local affiliates. It helps
them do what they would like to do for youth.
It is of real value in the district to know that national
leadership of a particular group has endorsed the Scouting
program and in most cases is actively promoting it.
Excellent cooperation exists among schools, parent-
teacher groups, and the Boy Scouts of America. The
education field holds our greatest potential with 112,368
schools, 5.8 million members in PTAs, and thousands more in
related school-parent groups. The opportunities for Scouting
are limited only by our imagination and ingenuity.
Public Schools
More and more of our schools are becoming available for
other than formal education. The community-school idea. is
growing rapidly and is based on a concept that uses the
facilities from early morning to late evening.
In-school Scouting, where the pack, troop, team, or post
meets during the school day, is recognized in many areas. It
is testimony to the educational value of the program and its
ability to interest youth.
School Contacts
In most areas the superintendent is the key to cooperation.
Most school systems are interested in innovative methods of
71
providing education and related activities. With the
superintendent's approval, direct contact can be made with
the school principal.
Serving youth is the magic word. How you can help
students through the Scouting program is the approach. If a
parent group exists, the superintendent can prepare the way
for a meeting with its officers. A faculty member may also be
involved. Explain how Scouting will help them serve their
students.
Parochial Schools
Church-related schools have long been advocates of
Scouting. The pastor is the best contact, but in many cases
the principal, whether lay or religious, gives approval when
the program is school-oriented. This you can determine in
discussion with the pastor, minister, or layman in charge.
Their own pack, troop, team, or post makes the difference.
Remember that PTAs exist also in parochial schools.
Private or Independent Schools
In the past decade private schools have burgeoned in this
country; boarding schools, day schools, prep schools, military
schools, and yeshivas are all in this category. Scouting is a
feature in many of them, and faculty in sizable numbers have
had experience in Scouting. The headmaster or principal is
the initial contact.
Training Schools
Sometimes called industrial or correctional schools, they
have faculties that look upon Scouting as an excellent method
of getting across a sense of responsibility. An important
72
factor is the continuity it has for many youth when they return
to their community.
Detention Centers
These are facilities for housing youth in difficulties with
the law until the court makes disposition of the case. Youth
may be held overnight or for several weeks. The program of
Scouting operates on a given night of the week conducted by
local council Scouters, and those boys present that day are
invited to attend. Minimum registration is established once a
year and the troop functions with a various enrollment each
week. No additional enrollments are required. Explorer posts
also operate in some of these facilities.
Scouting for the Handicapped
Scouting for the Handicapped is a program of the Boy
Scouts of America designed to serve Scouting-age youth who
are handicapped. Scouting methods are used to accomplish
specific objectives. This program can be incorporated in the
classroom during the school day. Leadership is provided by
classroom teaches, trained volunteers, or trained supervised
students from surrounding college campuses.
The premise of Scouting for the Handicapped is that youth
with handicaps want to be like other youth. Scouting gives
them that chance.
Traditional Scouting is sometimes difficult for youth who
ure handicapped. Many of the youth are bused outside their
neighborhoods to school. The in-school Scouting approach
offers youth who are handicapped all the benefits of Scouting,
including citizenship training and character development, as
well as the opportunity for meaningful outdoor experiences.
Because the program material enhances the classroom
73
curriculum many teachers have reported great results, not only
in academic achievement but in social behavior as well.
Many parents, professionals, and volunteers are
combining efforts to bring the Scouting program to these
handicapped youth, once denied the opportunity to be in
Scouting.
Parent Teacher Associations
PTA is the largest single user of the Scouting program.
The PTA in a school has a president who should be your first
contact. However, the PTA unit as a whole votes on using the
program. Each school PTA is autonomous. Policy guidelines
have been established nationally but do not control the local
unit.
Face-to-face is the best approach to the president. The
school principal can provide the name and can be most
helpful. PTAs have city and county councils. The presidents
of these councils are important in the setup, and your
cultivation of them can be invaluable. Ask for the
opportunity of a 10-minute spot on their meeting agenda and
offer your help to them. New officers are elected annually,
either in the spring or the fall. Do not assume they know
about Scouting. Explain how we operate, answer questions,
and you will get the ultimate in cooperation. You'll find that
a great number are now, or have been, involved in the
program — especially with Cub Scouts.
PTAs exist for only one reason — children. Know their
objectives:
¢ To promote the welfare of children and youth in the
home, school, church, and community
e To raise the standards of home life
74
e To secure adequate laws for the care and protection of
children and youth
e To bring into closer relationship the home and the
school, that parents and teachers may cooperate
intelligently in the training of the child
e To develop between educators and the general public
such united efforts that will secure for every child the
highest advantages in physical, mental, social, and
spiritual education
These PTA objectives and Scouting’s objectives are
closely related. The local PTA is a natural for Scouting units.
Scouting continues to grow in PTAs because of their national
policies that encourage cooperation with youth-serving
agencies.
Alpha Phi Omega
This is a national service fraternity of college and
university men who have been affiliated with Scouting. With
chapters operating in hundreds of colleges and universities,
we find real appreciation of APO among presidents and
faculties who see them in action on their own campuses.
APO is self-governing and self-supporting. The district or
council executive serves as one of the chapter's advisers.
They can be a valuable adjunct to council operation.
Information on APO, details of service projects, and
listings of colleges and universities having chapters can be
obtained from APO National Office, 400 Mainmark Building.
1627 Main Street, Kansas City, MO 64108.
‘ 75
Scouting Courses in Colleges, Universities, and Seminaries
Courses in Scouting are given in many schools across the
country, Faculty members of these institutions are active in
local councils,
Through these people, we can maintain and expand
Scouting courses in schools, courses that train teachers and
future leaders in all professions. Much of our literature is
used in more general courses, particularly merit badge
pamphlets for reference work and curriculum resources. APO
members can aid in establishing courses and recruitin
students. :
Similar opportunities are available in seminaries and
yeshivas for the major faiths.
Directory of Scholarships
. Scholarships and grants for Scouts and Explorers are
listed in a pamphlet available from the Education
Relationships Service at the Boy Scouts of America national
office. The Boy Scouts of America as such has no
scholarships or grants. The directory is a compilation of
scholarships provided by colleges, universities, schools, and
foundations throughout the country. Scout executives are
urged to consult faculty and officers of institutions in their
area who may be interested in providing scholarships or
stipulating a Scouting background as a prerequisite for an
existing scholarship in the institution.
76
Religious Organizations
Over 125 religious organizations use the Scouting
program to provide youth activity — testimony to the value of
Scouting training in the minds of America’s religious leaders.
The BSA has repeatedly emphasized a commitment to
religious principles. “The Boy Scouts of America maintains
that no member can grow into the best kind of citizen without
recognizing an obligation to God.” (Article IX, Section |, of
the Charter and Bylaws of the Boy Scouts of America, No.
4491.)
The following statement of religious principles uses the
Charter and Bylaws as a reference:
|. All those registered in Scouting must subscribe to the
religious principles stated in the Charter and Bylaws,
the Cub Scout Promise, the Scout Oath or Promise, and
the Explorer Code. They are stated on the membership
application for both youth and adults. These
commitments are involved: Duty to God, reverence
toward God, fulfillment of religious duties, and respect
for the religious convictions of others.
The BSA does not define what constitutes duty to God
or the practice of religion. This is the responsibility of
parents and religious leaders.
3. The BSA does not require membership in a religious
organization or association for enrollment in the
movement. li does require subscription to the “duty to
God” concept.
t~
77
4. The BSA does Strongly encourage membership and
participation in the religious programs and activities of
an organized religious body. |
All clergy. regardless of the level of authority, expect us
lo know and live up to these principles, exemplifying them in
our daily lives, In addition. this philosophy must run through
the specific Cub Scout, Boy Scout, Varsity Scout ne
Explorer programs as they relate to the religious organizations
chartered to use the Scouting program.
a Become familiar with and be comfortable in the use of
a and terms related to specific faiths. This relates to all
religious recognition programs on a denominational basis.
| Know the aims and objectives of each denomination. It is
impossible to give service to a unit without understanding
what they are trying to accomplish with their youth. Be sm
to commend the religious leaders who are using the Scouting
program as an integral part of their youth ministry, apostolate
or service. They are doing a great job for youngsters. |
Use Proper Approach and Marketing Techniques
| Your first call on the clergy is to get acquainted. They
and not adopt Scouting on your first visit. High-pressure
sates methods are to be avoided if you are to come in good
—a Recognize that all religious groups are concerned
about ; ini
_ our areas of ministry where BSA has resources to
Concern
© Family
© Outreach
78
e Youth
e Lay Leader Development
Resource
e Cub Scouting
e Boy Scouting/Varsity Scouting
e Exploring
e Volunteer Training
During this cultivation period, volunteer reanagee ge
be cultivating lay members of the organization _ pena
prospective members), and encourage them to visit = hy
head of the institution from within about the values ¢
Scouting, including their support.
x * * *
79
Community Organizations
In addition to the role it has played in religious and
educational organizations, the Scouting program has been
accepted and used successfully by many other community
organizations. Included are serviee clubs. fraternal orders,
veterans” associations, the armed services. businesses,
industries, labor unions, government agencies, urban, low-
income, inner-city, and many other locally and nationally
concerned groups and agencies. These Organizations exist in
the cities, in suburbia, in rural areas — wherever there are
people. They serve many purposes. Scouting helps them
achieve their objectives.
Many of these organizations are national and even
international in scope. Since its earliest days in the U.S.,
groups like community service Organizations have had a hand
in the development of the Scouting movement. All of these
and many of their counterparts have been designated national
chartered organizations of the BSA. In nearly every case,
agreement has been reached through which the national
chartered organization establishes a plan for the use of the
Scouting program that emphasizes the organization's basic
interests. Many assign responsibility for supervision of
Scouting to a special national committee. publish their own
Scouting promotional literature. and commend their local
affiliates for successful operation of Scouting units.
To help any group establish Scouting as all or part of its
youth program we need to know the following:
|. The organization's objectives
2. The organization's _ basic Structure, titles, and
terminology
80
3. Names of key people in the group
4. Something of the group’s history and current mood
With this information we can build a compelling case for
use of the Scouting program by nearly every local affiliate of
a national chartered organization, as well as many purely local
groups.
Progress and potential can be measured with any
organization by asking the following questions:
1. How many local affiliates are in the district?
2. How many of these are using the Scouting program?
3. Does the organization have a program of commendation
of local groups in their successful use of Scouting?
Community Relationships
About on third of ail Scouting units are operated by
community organizations that are not primarily religious or
educational. For convenience, and because of some common
characteristics, these organizations have been grouped as -
follows:
1. Civic service clubs
'~
Fraternal orders
3. Veterans’ military groups
4. Labor organizations
Civic/Service Clubs
Civic and service clubs stress participating citizenship and
youth projects. These clubs operate many Scouting units.
They are good sources of district and council leadership.
81
They have money and will spend it for projects that can be
identified with their clubs, They give leadership to
camporees, Scoutoramas, Scouting shows, and Scout camps.
Each local service club has a committee responsible for
projects related to youth, Scouting is a major youth activity
of almost all service clubs.
Usually the Scouting committee is a subcommittee of the
youth committee, and membership of the Scouting committee
is continued and not changed every year. The approach to the
club should be through the club president and the chairman of
the youth committee.
kk k
e The Veterans of Foreign Wars of the United States
(VFW) and its auxiliary is one of the oldest of the
veterans’ organizations, dating back to 1899. It has an
aggressive national youth activities program which has
included Scouting almost from Scouting's beginnings in
the U.S.
¢ Disabled American Veterans (DAV), sensitive to the
problems of youth with handicaps, has funded major
emphasis on Scouting for the Handicapped since 1970.
Thousands of handicapped youth have benefited. Many
net chapters also have organized units for handicapped
ys.
¢ American Veterans of World War Il and Korea was
organized in 1944, In 1956, AMVETS made Scouting its
major youth program and appointed a special national
Scouting committee. Each post is urged to have Scouting
units.
82
Other veterans’ and military organizations that have
endorsed Scouting and urge their local posts to assist: with
Scouting locally are:
Air Force Association
Association of U.S. Army
Catholic War Veterans
Fleet Reserve Association
Jewish War Veterans
Marine Corps League
Military Order of the Purple Heart
National Sojourners
Navy League
Reserve Officers Association
Retired Officers Association
The Military
Scouting can be an outstanding youth activity ata military
installation, It is frequently given personal leadership and
endorsement by the facility commanders. Unit charters may
be held by military clubs, by the personnel themselves, or by
nearby civilian institutions. Facilities are available for
council and district events, and military personnel serve
Scouting in many capacities. Many Scouts, Explorers, and
Scouters assigned to installations wait for an invitation to
renew or to continue their Scouting affiliation.
Military reserve and National Guard groups support
Scouting in various ways. Many installations have equipment
and personnel fer Explorer specialty posts.
* * * *
2 Py LORAIN OT hp we ®
83
Organized Labor
Among organizations, the labor movement has the largest
potential for supporting the Scouting program and operating
BSA units. There are more than 50,000 locals of various
labor organizations throughout the United States, and most
have union halls or access to meeting facilities. Consider the
latest figures, which deserve attention even though they are
necessarily partial. (The first number indicates those AFL-
ClO locals currently active in the Federation's statewide labor
council, and thus does not cover some affiliates’ locals or any
of those of independent groups. The second number shows
the AFL-CIO local central labor councils in each state.) 3
Number of Local Unions and Central Bodies by State
Within Regions (as of August 1987)
NORTHEAST REGION
Connecticut 445/15
Maine 170/3
Massachusetts 699/14
New Hampshire 122/4
New Jersey 657/15
New York 2302/31
Pennsylvania 1616/46
Rhode Island 266/4
Vermont 55/5
TOTAL 6332/136
84
NORTH CENTRAL REGION
Colorado 216/6
Kansas 209/8
Minnesota 623/26
Missouri 383/10
Montana 180/12
Nebraska 205/7
North Dakota 87/5
South Dakota 64/6
Wyoming 53/5
TOTAL 2020/79
SOUTHEAST REGION
Alabama 432/10
Delaware 79/1
Florida 339/16
Georgia 209/9
Kentucky 333/13
Maryland/DC 335/5
Mississippt! 204/12
North Carolina 248/17
South Carolina 139/6
Tennessee 324/7
Virginia 308/11
TOTAL 2950/102
85
SOUTH CENTRAL REGION
Arkansas 218/13
Louisiana 294/12
New Mexico 145/6
Oklahoma | 173/8
Texas 579/31
TOTAL 1409/70
EAST CENTRAL REGION
Illinois 1700/35
Indiana 654/27
lowa 312/15
Michigan 1509/32
Ohio 1525/49
West Virginia 309/15
Wisconsin 1289/40
TOTAL 7298/213
WESTERN REGION
Alaska 28/6
Arizona 148/6
California 1089/26
Hawaii 38/1
Idaho I 19/9
Nevada 61/3
Oregon 255/13
Utah 99/3
Washington 454/19
TOTAL 2291/84
86
xk * * *
Essential Tools
xk *k *K
School Night for Scouting (Cub Scouting)
This recruiting technique is designed primarily to place
boys in Cub Scout packs of their choice. Experience has
shown it to be less effective for Boy Scout recruiting, but with
proper planning, it will work. It’s a one-night stand, with four
key assignments:
© Coordinator — has charge of session at school
¢ Commissioner — gets his units there
e Unit leaders — sign up boys
e Organizer — begins the steps to start a new unit for non-
assigned boys
Boys attending are signed up by leaders, and parents are
recruited for unit committee roles by Scouting coordinators or
other representatives from the chartered organizations
involved.
The School Night saves time for professionals and
volunteers. When done on a councilwide scale, it has the
magnitude to interest newspapers, radio, and television.
School Night requires adult volunteers’ assistance and
thus becomes a valuable means of recruiting new people to
Scouting. Reference: School Night: A Guide for Councils
and Districts. No. 3085.
87
National Chartered Organizations
Community and Fraternal
Organization Unit Contact
American Legion Post Commander
ws ov Post Commander
enevolent and Lodge Ex:
Protective Order of ee
Elks
Boys’ Club Club Executive
ny Director
Civitan Club President
Disabled American Chapter Commander
Veterans
neg Order of Aerie Worth President
agles or Secretary
Future Farmers of Chapter FFA Adviser
America |
Grange, The Grange Master
Independent Order of — Lod
ge N
no oble Grand
Izaak Walton League C hapter President
of America
Jaycees Chapter President
Kiwanis Club President
Knights of Columbus — Council Grand Knight
Lions Club President
Loyal Order of Moose Lodge Secretary or
88
Organization Unit Contact
Governor
National Guard Armory Commander
Veterans of Foreign Post Commander
Wars |
Optimists Club President
Organized Labor (see section on
organized labor)
Parent-Teacher Unit President
Associations |
Rotary Club President
, . os ‘ d
Serra International Club President (Boar
of Trustees)
Toastmasters Club President |
U.S. Air Force Command Commanding
Officer
U.S. Army Command Commanding
Officer
U.S. Coast Guard District Commanding
Officer
U.S. Navy and Command Commander
Marines
Veterans of Foreign Post Commander
Wars
89
ADDITIONAL ORGANIZATIONS AND SUPPORTERS
OF SCOUTING
Active 20-30 International—Sacramento, Calif.
Aircraft Owners and Pilots’ Association—Bethesda, Md.
Air Force Association—Washington, D.C.
Altrusa International—Chicago, III.
Ambucs, National—High Point, N.C.
American Bar Association—Chicago, III.
American Camping Association—Martinsville, Ind.
American Dental Association—Chicago, III.
American Farm Bureau Federation—Chicago, III.
American G.1. Forum—Albuquerque, N.M.
American Hospital Association—Chicago, III.
American Library Association—Chicago, III.
American Medical Association—Chicago, III.
American National Red Cross—Washington, D.C.
American Society of Dentistry for Children—Chicago, Ill.
Apostolic Church
Associated General Contractors of America—Washington, D.C.
Association of the U.S. Army—Arlington, Va.
B'nai B’rith—Washington, D.C.
Bureau of Indian Affairs—Washington, D.C.
Catholic Knights of St. George—Pittsburgh, Pa.
Catholic War Veterans—Washington, D.C.
Churches of Christ
Church of Peace
Chinese-American Civic Councils—San Francisco, Calif.
Community Service Organization—Washington, D.C.
Congregational Church
90
Cooperative League, U.S.A.— Washington, D.C.
Cosmopolitan International—Overland Park. Kan.
Federation of Islamic Associations in the U.S. and Canada—
New York, N.Y.
Fleet Reserve Association—Washington, D.C.
Foursquare Gospel, International Church of the—Los
Angeles, Calif.
Free Methodist Church of North America—Winona Lake, Ind.
Frontiers International—Philadelphia, Pa.
General Aviation Manufacturers Association— Washington,
D.C.
General Federation of Women’s Cl’s—Washington, D.C.
Gyro International—Painesville, Ohio
High Twelve International—St. Louis, Mo.
Improved B.P.O. Elks of the World—Winton, N.C,
Independent Order of Odd Fellows—Baltimore, Md.
International Order of the Alhambra—Baltimore, Md.
Japanese-American Citizens League—San Francisco, Calif.
Junior Engineering Technical Society—New York, N.Y.
Knights of Pythias—Stockton, Calif.
League of United Latin American Citizens (LULAC)}—
Washington, D.C.
Marine Corps League—Arlington, Va.
Mennonite Church—Lombard, Il.
Moravian Church of America
Northern Provincial Synod—Bethlehem, Pa.
Southern Provincial Synod—Winston Salem, N.C.
National Association of Accountants—New York, N.Y.
National Association for the Advancement of Colored
People—New York, N.Y.
National Association of Home Builders—Washington, D.C.
National Bowling Council—Washington, D.C.
9]
National Congress of Puerto Rican Volunteers—Mount
Vernon, N.Y.
National Council of La Raza—Washington, D.C.
National Federation of Business and Professional Women’s
Clubs— Washington, D.C. |
National Safety Council—Chicago, II.
National Society of Professional Engineers— Washington, D.C
National Sojourners—Alexandria, Va. coma
og Tennis Foundation and Hall of Fame—New York.
National Urban League—New York, N.Y.
oe League— Washington, D.C.
orth American Hindu Association—PI th, Mi
Open Bible Standard Churches, Mie ces
Order of United Commercial Travelers—Columbus. Ohio
Parents Without Partners, Inc.—Washington, D.C.
Pentecostal Holiness Church—Oklahoma City, Okla
Pilot Club International—Macon, Ga |
Professional Golfers Associati i
pas sociation of America—Palm Beach
Reserve Officers Association—Washington, D.C.
Roundtable International—Fort Collins, Colo.
Seventh-day Adventists— Washington, D.C.
Soaring Society of America—Los Angeles, Calif.
Soroptimist International of the Americas—Philadelphia, Pa
U.S. Coast Guard Auxiliary—Washington, D.C. ni
Young Men's Christian Association—Chicago, Ill.
Zonta International—Chicago, Ill.
Zoroastrian Association—Spotswood, N.J.
A Sampling of Chartered Organizations Serving
Children, Youth, and Families with the Program of the
Boy Scouts of America
BUSINESS AND INDUSTRY
Aluminum Company of America
AT&T
American Airlines, Inc.
Amoco Corporation
Burlington Northern Inc.
Corning Glass Works
Dow Chemical Co.
Eastman Kodak Co.
Ford Motor Co.
General Electric Co.
General Motors Corp.
The Goodyear Tire & Rubber Company
Hewlett-Packard Co.
Honeywell Inc.
International Business Machines Corp.
J. C. Penney Company, Inc.
McDonnell-Douglas Corp.
PPG Industries, Inc.
Rockwell International Corp.
Tandy Corp.
Upjohn Co.
USX Corporation
Westinghouse Corporation
93
FACT SHEET - COMMUNITY ORGANIZATIONS
AND THE BOY SCOUTS OF AMERICA
(excerpts)
COMMUNITY
Air Force Association
Alpha Phi Alpha
American Bar Association
American Legion, The
American Red Cross
AMVETS (American Veterans of WWII. Korea,
and Vietnam)
Boys Clubs of America
Civil Air Patrol
Civitan International
Community Centers
Conservation Clubs
DAV (Disabled American Veterans)
Eagles, Fraternal Order of (F.O.E.)
Economic Opportunity Commission
Elks, Benevolent and Protective Order of
(B.P.O.E.)
Exchange International
Farm Bureau Federation, American
Fire Chiefs, International Association of
(L.A.F.C.)
Fire Departments
4-H
Future Farmers of America (F.F.A.)
Grange National
Hospitals, Medical & Professional,
94
Engineering Societies
Housing Projects
Indian Affairs, American Association on
Indian Tribal Councils
Izaak Walton League of America
Jaycees, United States
Job Corp Centers
Kiwanis International
Knights of Pythias
Lions International
Masonic Order
Eastern Star Order of
Military Reserves
Moose Loyal Order of
National Guard Army and Air
Neighborhood Associations
Odd Fellows Independent Order of
Optimist International
Parents Without Partners
Police Departments
Power Squadrons
Rotary International
Roundtable International
Runtan National
Sertoma International
Sons of the American Revolution
U.S. Air Force
U.S. Army
U.S. Coast Guard
U.S. Coast Guard Auxiliary
U.S. Marine Corps
U.S. Navy
95
VFW (Veterans of Foreign Wars and Auxiliaries)
Western Electric
Women’s Clubs
YMCA (Young Men's Christian Association)
YMHA (Young Men’s Hebrew Association)
YWCA (Young Women’s Christian Association)
EDUCATION
Independent Schools, National Association of
PTA (National Congress of Parents and Teachers)
Private Schools
Public Schools
LABOR
AFL-CIO (American Federation of Labor and
Congress of Industrial Organization)
Automobile, Aerospace & Agricultural
Implement Workers of America
International Union, United
Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers of
America, International Brotherhood of
Communications Workers of America
Electronic, Electrical, Salaried, Machine and
Furniture Workers, International Union of
Electrical Workers, International Brotherhood of
Engineers, International Union of Operating
Fire Fighters, International Association of
Food and Commercial Workers International
Union, United
Glass, Pottery, Plastics and Allied Workers
International Union
96
Industrial Workers of America, International
Union, Allied
lron Workers, International Association of Bridge,
Structural and Ornamental
Letter Carriers, National Association of
Machinists and Aerospace Workers,
International Association of
Molders and Allied Workers Union,
International
Oil, Chemical and Atomic Workers
International Union
Paperworkers International Union, United
Plumbing and Pipe Fitting Industry of the United
States and Canada, United Association of
Journeymen and Apprentices of the
Postal Workers Union, American
Rubber, Cork, Linoleum and Plastic Workers of
America, Untied
Steelworkers of America, United
Teachers, American Federation of
United Industrial Workers of North America
Seafarers International Union of North
America
Education Association, National
Teamsters, Chauffeurs Warehousemen,
Helpers of America, International
Brotherhood of
RELIGIOUS
African Methodist Episcopal Church
African Methodist Episcopal Zion Church
Armenian Church of North America
97
Assembly of God Ciurch
Baha‘i Faith
Baptist Churches
American Baptist Association
American Baptist Churches in USA
General Association of Regular Baptists
Primitive Baptist
Baptist Conventions
National Baptist Convention of America
National Baptist Convention USA Inc.
Progressive National Baptist Convention, Inc.
Southern Baptist Convention
B ‘nai B'rith
Brethren, Church of the
Buddhist Churches of America
Byzantine Rite Catholic Church
Catholic Church (Roman)
Catholic Organizations
Catholic Parent Organization. National
Forum of
Holy Name Society (Roman Catholic)
Knights of Columbus
Catholic Youth Organization
Catholic War Veterans
Serra International
Christian Church (Disciples of Christ)
Christian and M issionary Alliance Church
Church of Christ
Church of Jesus Christ of Latter-day Saints
(Mormon)
Church of God
Congregational Church
98
Episcopal Church, The
Evangelical Churches
Federation of Islamic Associations in the
and Canada
First Church of Christ. Scientist
Greek Orthodox
Jehovah's Witnesses
Jewish Synagogues and Centers
Jewish War Veterans
Lutheran Churches
Evangelical Lutheran Church in
America, The
Lutheran Church, Missouri Synod, The -
Mennonite Church
Methodist Church, The United
Moravian Church in America
Nazarene, Church of the
Orthodox Churches
Pentecostal Churches
Presbyterian Church (USA)
Cumberland Presbyterian Church
Reformed Church in American
Religious Society of Friends (Quakers)
Reorganized Church of Jesus Christ of Latter
Day Saints
Salvation Army, The .
Seventh Day Adventists
Unitarian Universalist Association
99
THE CHARTERED ORGANIZATION
REPRESENTATIVE
(excerpts)
kk hk
Council/Chartered Organization Responsibilities
The Boy Scouts of America is an educational resou
program. -It charters community or religious steudladiinns op
groups to use Scouting as part of their service to thei aed
members, as well as the community at large. o
The chartered organization agrees to
‘
Conduct the Scouting program according to its own
policies and guidelines as sie
of America. ' cs as welll as those of the Boy Scouts
¢ Include Scouting as p: .
S part of its overall progr:
and families. : Program for youth
* Appoint a chartered Organization representative who is ;
member of the organization and will represent it to ies
Scouting district and Serve as 4 voting member of ms
local council. (The chartered organization head .
chartered organization re
presentative
all leader applications.) sigs tag
* Select a unit committee of parents and members of the
chartered Organization (minimum of three) who will
am and select unit leaders who meet the organization's
Standards as well as the leadership standards of the BSA
(The committee chairman m
ust si
applications.) vee
100
e Provide adequate facilities for the Scouting unit(s) to meet
on a regular schedule with time and place reserved.
e Encourage the unit to participate in outdoor experiences,
which are vital elements of Scouting.
The BSA local council provides the support services
necessary to help the chartered organization succeed in their
use of the program. The responsibilities of both the BSA
local council and the chartered group are described below.
The council agrees to
e Respect the aims and objectives of the organization and
offer the resources of Scouting to help in meeting those
objectives.
e Provide year-round training, service, and support to the
organization and its unit(s).
e Provide training and support for the chartered
organization representative as the primary communication
link between the organization and the BSA.
e Provide techniques and methods for selecting quality unit
leaders and then share in the approval process of those
leaders. (A council representative must sign all leader
applications.)
e Provide primary general liability insurance to cover the
chartered organization, its board, officers, chartered
organization representative, and employees against all
personal liability judgments. This insurance includes
attorney's fees and court Costs as well as any judgment
brought against the individual or Organization. Unit
leaders are covered in excess of any personal coverage
they might have, or, if there is no personal coverage, the
101
BSA insurance im i icks .
wos immediately picks them up on a primary
Provide camping facilities, service center, and a full-time
professional staff to assist the organization in every wa
possible. vd
kok k *
102
Announcements of Meetings for Prospective
Cub Scouts
[LOGO OMITTED]
Step into the Exciting
World of CUB SCOUTING
|PICTURE OMITTED)
,
FOR FUN AND ADVENTURE’
COME JOIN THE CUB SCOUTS
WHEN: NOVEMBER 18, 1992
WHERE: GREGOR Y SCHOOL
TIME: 7:30 P.M.
For more information contact Magne Gundersen, 531-3636
{LOGO OMITTED}
[LOGO OMITTED]
Meet New Friends
in Tiger Cubs, BSA
[PICTURE OMITTED] —
——— ————- For more information cont:
103
FOR FUN AND ADVENTURE
COME JOIN THE CUB SCOUTS
WHEN: NOVEMBER 18, 1992
WHERE: GREGORY SCHOOL
TIME: 7:30 P.M.
tact Magne Gundersen, 531-3636
[LOGO OMITTED}
You Can Be A Cub Scout.
[PICTURE OMITTED}
Bring Your Parents And Be Our Guest
LAKEWOOD PREP
DECEMBER 4, 1992 - 7:00 P.M.
Come find out about an excitin
your school. Give yourself t
learning and growing experie
part of the action.
& program happening right at
he opportunity for a Sharing.
nce. Meet new people and be
104
Press Release Announcing School Night for Scouting by
Monmouth Council
{LOGO OMITTED]
MONMOUTH COUNCIL BOY SCOUTS OF AMERICA
P.O. Box 188
Oakhurst, N. J. 07755
201-531-3636
Contact: Jeffrey J. Rand
Field Director
FOR IMMEDIATE RELEASE
MONMOUTH COUNCIL LAUNCHES SCHOOL NIGHT
FOR SCOUTIN
Hundreds of boys in Monmouth County will go to school
twice on Thursday, September 24th, returning that evening to
sign-up for Scouting.
In cooperation with the Monmouth Council, Boy Scouts
of America, over 39 area school districts will be hosting the
School Night for Scouting at participating schools.
Robert Kibbler, Assistant Principal at the Neptune Middle
School serves as this year’s School Night for Scouting
chairman with the support of recently retired County School
Superintendent Milton G. Hughes who serves as Monmouth
Council Vice President for Membership.
The Boy Scouts of America offers programs for boys of
all ages from first grade to high school. Cub Scouting is for
105
boys in second through fifth grades and is family oriented.
Cub Scouts engage in a number of worthwhile activities
designed to help them grow in character.
The Tiger Cub program is the newest link to Cub
Scouting and offers an introduction to Scouting for first grade
boys. Tiger Cubs participate with adult partners by learning
to live the Tiger Cub motto - Search. Discover, and Share.
Boy Scouting, for boys in sixth grade and above ( ages | I-
17), provides a challenging program of outdoor living skills
hobby interests, and personal and social development. Boy
Scouts learn to become productive citizens. while practicing
self-reliance and leadership skills.
Exploring. which will not be a part of the school night
Program, ts another phase of Scouting for high school age
youth. Both boys and girls join Posts sponsored by local
businesses, religious institutions, or civic clubs. These posts
explore career, hobby. or outdoor interests. Most Explorer
Posts serve a specific interest and cooperate with local school
guidance departments to recruit members.
Flyers will be sent home with Students the w
eck of
September 14th with times and locations. :
For information on School Night for Scouting or any
Scouting program, please call the M
531-3636. onmouth Council at 908-
106
FACT SHEET
BSA AT A GLANCE
PURPOSE
The purpose of the Boy Scouts of America, incorporated on
February 8, 1910, and chartered by Congress in 1916, is to
provide an educational program for boys and young adults to
build character, to train in the responsibilities of participating
citizenship, and to develop personal fitness.
CHARTERED ORGANIZATIONS
Community groups receive national charters to use the
Scouting program as a part of their own youth work. These
groups, which heve goals compatible with those of the BSA,
include religious, educational, civic, fraternal, business, and
labor organizations, governmental bodies, corporations,
professional associations, and citizens’ groups.
PROGRAM
Tiger Cubs, BSA. A |-year program for first-grade (or 7-
year-old) boys and their adult partners that stresses equal
participation. The boy and adult meet weekly for family
activities and monthly for an activity with other Tiger Cubs
and adults in their group.
Cub Scouting. A family- and home-centezed program for
boys who are in second through fifth grades (or 8, 9, and 10
years old). When they enter the fourth grade, they can
become Webelos Scouts and prepare to become Boy Scouts.
Boy Scouting. A program for boys |! through 17 designed
to achieve the aims of Scouting through a vigorous outdoor
107
program and peer group leadership with the counsel of an
adult Scoutmaster. (Boys also may become Boy Scouts if
they have earned the Arrow of Light Award or have
completed the fifth grade.)
Varsity Scouting. An active. exciting program for young
men 14 through 17 built around five program fields of
emphasis: advancement, high adventure. personal
development. service, and special programs and events.
Exploring. A contemporary program for young men and
women ages 14 through 20 that provides Opportunities to
participate in Career or recreational programs in association
with business and community organizations. Special-interest
posts cover more than 100 careers. Career Awareness
Exploring provides a series of career seminars during school
time.
MEMBERSHIP AND UNITS
Membership since 1910 totals more than 82 million. As of
December 31, 1990, membership was 5,448,069.
Youth Members
Tiger Cubs 345,790
Cub Scouts 1.831.647
Boy Scouts 958,490
Varsity Scouts 59.758
Explorers 355,821
Career Awareness Explorers 741,105
Lone Scouts 381
4,292,992
Adult Members
Cub Scout leaders 566,267
108
Boy Scout leaders 402,920
Varsity Scout leaders 18,033
Explorer leaders 80,696
Career Awareness
Explorer leaders 10,540
Council Scouters 76,621
1,15%.077
Units
Cub Scout packs 53,579
Boy Scout troops 46,466
Varsity Scout teams 5,894
Explorer posts/ships 20,090
Career Awareness
Explorer posts 4,939
130,968
VOLUNTEER LEADERS
Volunteer adult leaders serve at all levels of Scouting in 407
local councils, 36 areas, and 5 regions, and nationally with
volunteer executive boards and committees providing
guidance.
Each autonomous local council is chartered by the _~
which provides program and training aids along | :
guidelines established by the national Executive Board an
the national charter from Congress.
NATIONAL ACTIVITIES
Cub Scouting continues to strengthen the tie of the family in
Scouting and to encourage physical fitness through the Cub
109
Scout sports emphasis, and more than 2,200 Cub Scout day
camps,
In 1991, Cub Scouting introduces Ethics in Action, a program
designed to incorporate the latest knowledge in child
development in a systematic process to teach ethical behavior.
Boy Scouts and Varsity Scouts have many special activities
available to them, such as camporees, more than 500 summer
camps, Scouting shows, and national jamborees. The Order
of the Arrow, the national brotherhood of honor campers,
recognizes those Scout campers who best exemplify the Scout
Oath and Law in their daily lives, and it has local lodge.
section, and national meetings. Those who have become
Eagle Scouts, the highest advancement award in Scouting,
may join the National Eagle Scout Association. All camps
ure inspected and accredited annually by teams of trained
volunteers to ensure the health. safety, and quality of program
for campers,
Exploring holds a biennial national conference for youth and
adult members that offers workshops and activities on
careers, leadership, sports, outdoor adventure, and personal
skills. The biennial national Law Enforcement Exploring
conference provides competition, training, demonstrations,
program exchanges, and career information in this field. An
annual mock-trial competition provides a national challenge
for Explorers interested in the legal field.
Scouting Anniversary Celebrations. during February, include
observance of the BSA’s February 8 birthday, Scout Sabbath,
and Scout Sunday. Unit activities feature blue and gold
banquets, courts of honor, and open house meetings.
110
Cub Scouts, Boy Scouts, Varsity Scouts, and Explorers
participate in Scouting Environment Day in April and
Scouting Energy Day in October. Explorers and older Boy
Scouts have a wide variety of exciting outdoor experiences
available at the four national high-adventure areas located in
Minnesota (with satellites in northern Wisconsin, Manitoba,
and Ontario), Florida, Maine, and New Mexico. Volunteer
leaders may attend the Philmont Training Center in New
Mexico each summer for a weeklong training conference.
NATIONAL GOOD TURNS
The Good Turn remains an important part of Scouting. It can
be a. simple daily act of assistance from an individual
youngster, or a coordinated national effort. Scouting for Food
is the current national Good Turn.
PUBLICATIONS
The Boy Scouts of America publishes three magazines for its
members: Boys’ Life, for all boys, once a month, Exploring, a
magazine for young men and women and their Exploring
leaders, four times a year, and Scouting, for all registered
adults in Cub Scouting, Boy Scouting, and Exploring, six
times a year.
In addition, handbooks for all phases of the Scouting program
are published, as well as more than 100 merit badge
pamphlets for Boy Scouts, leader books, training pamphlets,
several program helps booklets for unit leaders, and other
literature for use by youth members, adult leaders, and
parents.
FINANCIAL SUPPORT
The national council is supported largely through the annual
fees paid by all members and service fees paid by local
councils, an annual giving campaign among national
employees and selected volunteers, income from the sale of
Scouting equipment, bequests, and special gifts. Local
councils are supported by communities through the United
Way, the annual sustaining membership enrollment (SME)
friends of Scouting, special events, investment income.
bequests, endowment gifts, and special contributions. |
On the unit level, chartered organizations that use the
Scouting program provide meeting places and often furnish
program materials and other facilities. Youth members help
to pay their own way by paying dues to their pack, troop
team. Or post treasuries and through approved money-eamning
projects.
1991 Printing
112
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, MONMOUTH COUNTY
Civil Action No. Mon C 330-92
JAMES DALE,
Plaintiff,
Vv.
THE BOY SCOUTS OF AMERICA
and THE MONMOUTH COUNCIL,
BOY SCOUTS OF AMERICA,
Defendants.
AFFIDAVIT OF JAMES DALE IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT
STATE OF NEW YORK _ )
; om
COUNTY OF NEW YORK )
JAMES DALE, being duly sworn, deposes and says:
|. | am the plaintiff in the above-captioned litigation
and submit this affidavit in support of my motion for
summary judgment.
2 | am a 23-year-old recent college graduate residing
in Port Monmouth, New Jersey. From September | 978, when
| became a Cub Scout, until my sudden expulsion in the
summer of 1990, | was a member in good standing of Boy
113
Scouts of America (“BSA”) and Monmouth Council, BSA |
(“Monmouth Council”).
3. TL became a Cub Scout at the age of eight because my
older brother, who was already a Cub Scout, my mother, who
had been a Den Mother, and my father, who was a Troop
Committee member, encouraged me to become involved in
Scouting. | was an enthusiastic Cub Scout. regularly attending
meetings of my Cub Scout Pack in a local public school, and
establishing friendships with other Scouts in my community.
Although my brother ended his involvement with Scouting
after several years, I liked being a Scout and decided to
continue my involvement with Scouting as a youth member of
BSA.
4. Scouting appealed to me for many reasons. Many of
my friends were Scouts, and Scouting was a visible and
Significant presence in my community. Because BSA has a
policy of including all boys -- from every race, religion, and
socioeconomic class -- I was able through Scouting to interact
with people from diverse backgrounds. BSA’s policy of
recruiting members from all walks of life taught me a great
deal about tolerance of others. In addition, | admired the
purposes for which BSA stands -- teaching young people
outdoor and camping skills, developing their leadership
abilities and sense of community responsibility, and providing
them with the tools to make moral choices over the course of
their lives.
5. As a Scout, I promised to live by the Scout Oath,
which provides:
114
On my honor | will do my best
To do my duty to God and my country and
to obey the Scout Law;
To help other people at all times;
To keep myself physically strong, mentally
awake, and morally straight.
| believed that the Scout Oath stood for my commitment to
live an honorable life, to set high standards for myself, and to
do my best to serve others. In my more than twelve years as a
member of BSA, I strove never to do anything inconsistent
with the values embodied in the Scout Oath.
6. As a member of BSA, I also pledged to uphold the
Scout Law, which provides:
A Scout is trustworthy, loyal, helpful, friendly,
courteous, kind, obedient, cheerful, thrifty, brave,
clean, and reverent.
1 understood the Scout Law to represent the high ideals
Scouting encouraged each of its members to achieve. In all
my years in Scouting, | always tried to live in accordance with
the Scout Law and to adhere to the values embodied in it.
7. As | grew older, my commitment to Scouting
deepened. In my adolescence, Scouting became the most
important extracurricular activity in which | was involved.
Scouting gave me the opportunity to meet and form
friendships with other boys in my community; provided me
with a sense of responsibility about my place in_ the
community; enabled me to develop leadership qualities and
gain self-confidence; allowed me to learn about camping and
to enjoy the outdoors; and taught me how to deal with the
ethical choices I encountered as an teenager.
115
8. Because of all the advantages | gained from being a
Scout, and because of how committed I was to Scouting. I began
to devote more time and effort to Scouting. During this time, |
devoted approximately ten hours every week to Scouting
activities. My pursuit of excellence in Scouting was rewarded
with numerous honors and awards -- including all seven Scouting
Achievement Badges, given in recognition of an advancement
in Scouting rank: the Boy Scout Badge, the Tenderfoot Badge, the
Second Class Badge, the First Class Badge, the Star Badge, the
Life Badge. and the Eagle Scout Badge.
9. Scouting also offered me the Opportunity to learn
about various subjects and skills. During my Scouting career,
| was awarded thirty Merit Badges -- signifying my
completion of an intensive study course designed by BSA --
in the following areas:
Astrology Basketry
Camping Canoeing
Citizenship in the Community
Citizenship in the Nation
Citizenship in the World
Communications Cooking
Environmental Science First Aid
Fish & Wildlife Management
Forestry Indian Lore
Leatherwork Lifesaving
Mammals Music
Pioneering Personal Fitness
Personal Management Orienteering
Reptile Study Rowing
Safety Small Boat Sailing
Sports Swimming
Wilderness Survival Wood Carving
116
| also received the Arrow of Light Award and the World
Conservation Award, recognizing my awareness of the
environment and my concern for the protection of wildlife,
These achievements testify to my unfailing commitment to
Scoutcraft and to BSA and to my status as an exemplary
Scout. A true and correct copy of a summary of my Scouting
achievements is attached hereto as Exhibit A.
10. My willingness to devote time and effort to Scouting
was also reflected in the various leadership positions | held
while I was a Scout. In 1982, | was appointed Assistant Patrol
Leader and, later, Patrol Leader in my troop. Patrol Leaders,
who are chosen by all members of their Patrol, are responsible
for organizing Patrol events, motivating fellow youth
members and keeping the Patrol diary, | was a Bugler from
1984 through 1988, and a Junior Assistant Scoutmaster from
1985 through 1988. My responsibilities as Junior Assistant
Scoutmaster included supervising and supporting other youth
leaders and instructing youth members of the troop. Being a
leader provided me with an opportunity to share my
enthusiasm for and commitment to Scouting with others.
11. In June 1983, | was admitted to the Order of the
Arrow -- the honor camping association of BSA. In the
following years, | took my obligations as a member of the
Order of the Arrow very seriously, and devoted a great deal of
my time to fulfilling those responsibilities. As a result of my
commitment to and hard work in the Order of the Arrow, I
achieved the status of Ordeal Member and Brotherhood
Member, and, in 1986, was elevated to the status of Vigil
Honor -- the highest honor that the Order of the Arrow
bestows upon its members for service to lodge, council, and
Scouting.
117
| 12. From 1984 through 1988, I held a number of offices
in the order of the Arrow, including: Ceremonies Chairman.
where my responsibilities included inducting new members
into Lodge, Ordeal and Brotherhood membership and
challenging them to live up to the Scout Oata and the Scout
Law: Banquet Chairman, where my responsibilities included
coordinating the annual Lodge banquet and arranging for
Speakers at that event; Vigil Honor Chairman. where my
responsibilities included reviewing — the application of
potential Vigil Honor members and inducting the few
applicants selected into Vigil Honor membership; and
Camping Promotions Chairman, where my responsibilities
included recruiting new BSA youth members and
encouraging them to take advantage of Monmouth council's
activities and resources. In my capacity as Camping
Promotions Chairman, | often used audiovisual and printed
materials provided by Monmouth Council and BSA in my
recruitment efforts.
13. In order to further improve and develop my
leadership abilities, 1 attended various leadership training
programs conducted by BSA, including Brownsea Junior
Leader Training; an Order of the Arrow National Leadership
Conference, held at Rutgers University in 1986; the annual
leadership retreat for Order of the Arrow, Na-Tsi-Hi Lodge
No. 71; and other leadership programs coordinated by
Monmouth Council and BSA. The Order of the Arrow
National Leadership Conference was an intensive program,
conducted for selected youth leaders from across the country.
The Program lasted for several days, and included various
lraining sessions, interaction with national leaders of the
Order of the Arrow, ceremony competitions, Indian pageants,
and camping activities.
118
14. I received additional honors in the Order of the
Arrow, including three First Place honors for portraying the
Character Meteu -- a key character in many Order of the
Arrow ceremonies -- and a First Place honor in the Team
Ordeal Ceremony, awarded to a team of which | was
Chairman. Meeting my responsibilities as Ceremonies Chair
and as a member of the Ordeal Ceremony Team was very
important to me. | spent a great deal of time creating my
costumes for Order of the Arrow Ordeal Ceremonies,
including hours of research about authentic Native American
dress and rituals. | often used personal funds and materials to
make my costumes, and | spent considerable time and effort
working on costumes for my Lodge and for other members of
the Order of the Arrow as well.
15. Asa result of my outstanding Scouting record, | was
asked to speak on behalf of BSA at Scouting functions,
including important fundraising events. On October 22, 1987,
1 was the featured youth speaker at the Joshua Huddy
Distinguished Citizenship Award Dinner, an annual dinner
held to solicit support for Monmouth Council. At the dinner, |
spoke about what Scouting meant to me, my devotion to
Scouting, and the many advantages | derived from being a
Scout. A true and correct copy of the speech | delivered on
October 22, 1987, is attached hereto as Exhibit B.
16. My career as a youth member of BSA culminated on
July 19, 1988, when | was awarded my Eagle Scout Badge
after completion of my Eagle Scout Project at Holmdel Park
Activities Center. | was particularly proud of getting my
Eagle Scout Badge because that achievement is attained by
less than three percent of all Scouts. Men of great distinction,
such as astronauts, U.S. Congressmen and business leaders
119
have been Eagle Scouts, and | was honored to be in their
company. Because of my pride in my Eagle Badge, and in
order to form friendships with other Eagle Scouts, |
subsequently became a member of the National Eagle Scout
Association,
, 1. In 1988. when I reached the age of eighteen, | was
invited to put my leadership skills to further use by applying
for adult me nbership in BSA as an Assistant Scoutmaster. A
(rue and correct copy of my BSA adult membership
application is attached hereto as Exhibit C. Assistant
Scoutmasters are adults chosen to work with Scoutmasters in
leading the activities of individual Scout troops. Assistant
Scoutmasters are selected on the basis of their organizational
and leadership abilities. My application for Assistant
Scoutmaster was accepted and approved by Monmouth
Council and BSA, and from that time I was employed as an
Assistant Scoutmaster for Troop 73, which was supervised
and controlled by Monmouth Council and BSA.
18. The control and supervision BSA and Monmouth
Council exercised over the manner in which the Scouting
program was implemented in Troop 73 was evident
throughout my experience with Scouting, both as a Scout and
Assistant Scoutmaster. For example, on one occasion BSA’s
district representative instructed the Scoutmaster of my troop
to prohibit certain religious activities in the troop because
they were inconsistent with the non-denominational policy of
Scouting.
19. Like the Scoutmaster of my troop, as an Assistant
Scoutmaster | worked under the control and direction of
Monmouth Council and BSA. pursuant to the terms
established by BSA in its publication The Scoutmaster
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Handbook. | was reimbursed for expenses | incurred in
fulfilling my responsibilities as Assistant Scoutmaster, and |
received certain fringe benefits from BSA and Monmouth
Council incident to my employment, including free BSA
publications and free access to Scout camps. During my time
as an Assistant Scoutmaster, | remained true to the values of
Scouting that | had learned as a Scout, including honesty,
trustworthiness, teamwork and commitment. As a leader, |
tried to instill those values in the youth members in my troop.
I strove as an Assistant Scoutmaster never to do or say
anything inconsistent with the values embodied in the Scout
Oath or the Scout Law.
20. As a Scout, and later as an Assistant Scoutmaster, |
made a tremendous investment of time, energy and money to
Scouting. | purchased uniforms, boots, tents, sleeping bags,
mess kits, handbooks, belt buckles, patches, mugs, pens,
knives, hats, and other equipment, and paid for camping trips
and other Scouting activities in which I participated. I also
had significant travel expenses because | often traveled to
Scouting events throughout New Jersey and as far away as
Toronto.
21. 1 attended troop meetings regularly throughout my
Scouting years and frequently participated in special Scouting
events, including the 1981 and 1985 National Jamborees. |
also attended Scout Camp on numerous occasions at Quail
Hill Scout Camp and Forestburg Summer Scout Reservation,
where I was employed as a member of the Staff in 1985. |
took time off from my summer jobs to attend Scout Camp,
and forfeited the salary | would have earned had | not
attended camp. | made this significant investment of time and
energy in Scouting because | intended to be a Scoutmaster
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after | graduated from college and believed that | would be a
member of BSA and an adult leader for life.
22. I derived tremendous benefits and privileges from
my investment in Scouting. | was proud to be an Eagle Scout
and felt that my association with BSA had a Positive impact
on my status in the community. My Eagle Scout Award was
recognized by my high school, my church and my community.
The Middletown Township Fire Department presented me
with a Certificate of Recognition, as did the Veterans of
Foreign Wars of the United States and the Board of Chosen
Freeholders of Monmouth County. The Mayor's office
recognized my “Outstanding Service Rendered to the
Community,” and both the New Jersey General Assembly and
the New Jersey Senate presented me with a Citation
extending commendations and praise for reaching the rank of
Eagle Scout. True and correct copies of the certificates and
awards with which | was presented after becoming an Eagle
Scout are attached hereto as Exhibit D.
23. The fact that I had been awarded the Eagle Scout
Award was reported in several local newspapers, some of
which published my picture, and my high school displayed
articles about my achievement on the school bulletin board.
24. Because of the pride I had in my Scouting
achievements, and because of the value | placed on being an
Eagle Scout. I included information about my Scouting career
on all my resumes, job, school and scholarship applications. |
often Spoke about my Scouting experience, and on at least one
occasion, i prospective employer inquired specifically about
my Scouting experience. I believed that my long-standing
involvement in Scouting indicated to those considering my
applications that I had gained a sense of community
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responsibility and leadership ability, and was an important
consideration in their evaluation of me.
25. 1 believe that the attributes and qualities | acquired
through my involvement in Scouting enabled me to achieve
success in other areas of my life. At the Marine Academy of
Science & Technology -- a military academy in Sandy Hook,
New Jersey, that I attended from 1984 until my high school
graduation in June 1988 -- I achieved the military rank of
Lieutenant Commander, the second highest cadet rank in the
Naval Junior Reserve Officers’ Training Corps, and the
position of Company Commander. | was a member of the
National Honor Society, and was one of the five students
ranked at the top of my class academically.
26. The sense of civic responsibility instilled in me by
Scouting inspired me to become more involved in my
community and in my church, From 1985 to 1988, 1 was a
member of King of Kings Lutheran Church youth group, and |
assisted in teaching Sunday School at that church from 1985
_ to 1986.
27. In January 1993, | graduated from Rutgers College
of Rutgers University (“Rutgers”), New Brunswick, Nev
Jersey, with a Bachelor of Arts degree in Communications
and Sociology. At Rutgers, | was a repre niative of the
student council and a member of The Cap and Skull Society,
a group of eighteen seniors chosen from the entire graduating
class of approximately 2,000 students for their leadership
abilities and academic achievements. | received # four-year
academic merit scholarship from the Citizen Scholarship
Foundation, and was on the Dean’s List two times.
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28. During my tenure as a Scout, BSA and Monmouth
Council made training courses available to troop leaders, such
as the Wood Badge Training Course for adult Scouters and
the Brownsea Training Program for youth members in
leadership positions. Monmouth Counci
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