Analysis: The Boy Scouts Of America

On June 28, 2000, the Supreme Court ruled in a 5-4 ruling that the Boy Scouts of America could prohibit gay men and boys from gaining membership. This case came about when James Dale, assistant Scoutmaster to Troop 73 of New Jersey, was notified that his adult membership to the Boys Scouts of America was revoked based on the fact that his sexual orientation was viewed as inconsistent with the Boy Scouts of America’s values by Monmouth Council Executive, James Kay.

When my grandfather earned his Eagle Scout Rank in 1933, he unknowingly began what would become a family tradition that has helped mold my personal perspective today. He ignited a passion for Boy Scouts within my family, which continued through my father, and was fulfilled by me when I earned the Rank of Eagle in 2014. Scouting formed me into the person I am today more so than any other activity I have ever been involved with, reinforcing my family’s emphasis on leadership, service, and work ethic.

The issue of gays in the military has been controversial in the United States for many decades. Over these decades there have been many different proposals as to what approach to take in order to handle the situation of homosexuals in the military. However, in 1992 when Bill Clinton was running for President of the United States, he made a promise to lift the ban on homosexuals in the military if he was elected (Washington Post). Bill Clinton followed through with his promise, and in December 1993 he instituted “a defense directive that military applicants should not to be asked about their sexual orientation” (Washington Post). This is now known as “Don’t Ask, Don’t Tell.” Don’t Ask, Don’t Tell was the result

This condemnation eventually led to the introduction of the separation of homosexuals from military service as seen with the neutral blue discharges which were often given to homosexual servicemen starting in 1916 . This neutral discharge was then labeled “general” and “undesirable”, resulting in a less honorable discharge. Discharges concerning men who were found to be guilty in engaging in homosexual acts were severely different than those who were neutrally discharged. If this were the case then you were then dishonorably discharged (“Don't Ask, Don't Tell” - Wikipedia). The current policy of Don't Ask, Don't Tell, Don't Harass, Don't Pursue1, derived from the original 1993 Department of Defense Directive 1332.14 coined Don't Ask, Don't Tell, ensures that any American citizen can participate in the Armed Forces. This policy is a step-up from the usual immediate discharge, however, this is only if the service member does not identify

The BSA claimed that it was a private organization, and, as such, had the right to deny membership to those individuals not meeting its standards for admittance. BSA pointed to a 1978 Policy Statement that was the first official stance taken on the issue of homosexuality by the BSA. In this statement, the BSA disallowed homosexuals the ability to hold leadership positions in Scout troops. The BSA claimed protection under Hurley, citing that case's relevance in matters where private organizations are involved (Superior). The court ruled in favor of the BSA, stating that the BSA was not a place of public accommodation, but instead was a private, expressive organization, with the right to exclude members who stand for beliefs contrary to the essential goal of the BSA. The decision stated:

In the essay “Why gays shouldn’t serve” by David Horowitz he states that “Don’t ask, Don’t Tell policy is a way of containing the destructive force of sex on a combat capability called Unit Cohesion. (354)” This controversial topic has surfaced more and more recently because Barack Obama wanted to let all people serve in the military, regardless of their sexual orientation. “More than 1,000 retired flag and general officers have joined us in signing an open letter to President Obama and Congress, repeal of this law would prompt many dedicated people to leave the military (James J. Lindsay).” There are multiple points you could focus on when trying to explain your point on why gays or lesbians should not serve in the military. The first

Lately, there has been an outbreak of people of the LGBT community coming out in the military. Historically the United States has had a policy of discharging gays in the military. There has been an act called the “Don’t Ask Don’t Tell”, it is basically saying that as long as somebody does not ask about your gender preferences, you do not have to tell. Even though the ban has been lifted, many militaries still say they cannot accept anyone from the LGBT inside. They do not care about how well you can perform or your strengths and that mindset is going to come back and hit them in the long run. Militaries that are judging these kids are taking them away from somewhere they feel safe and a place where they can finally belong. Members of the LGBT community find refuge in the military. It was one of the only places where they can prove their worth, where people aren’t focusing on their sexuality. They shouldn’t be judged based on their sexual preferences. Instead, they should be judged on their personality, performance, and their ability to get the job done precisely and correctly.

In the most publicized gay bashing, the dead body of Adam R. Schindler Jr., an American naval radioman, was found battered and disfigured in a public toilet in a park in Japan where he had been serving [Sterngold]. After revealing his homosexuality to his peers in the army, he had been left unrecognizably mutilated and beaten to death. In response, in 1993, the Clinton administration initiated “Don’t Ask, Don’t Tell” [DADT] which meant that military officers could not investigate a soldier’s sexual preference without reason and a soldier should not voluntarily disclose it [McGowan 4]. Historically, the US military had never directly banned gays, only their actions of sodomy, but a change occurred during the World Wars after the Christian

The ‘don’t ask, don’t tell’ policy is a major policy of the armed forces of the United States, and allows a number of people to serve their country. This policy restricts the United States armed forces from discovering gays, lesbians, and bisexuals. The ‘don’t ask, don’t tell’ policy has, in a way, limited homosexuals from completely fulfilling their military duties by forcing them to serve in the military silent about their personal lives. The policy is a violation of equal rights, forces homosexuals to violate the military code of honor, and causes disputes among fellow soldiers and should be repealed.

In 1990, an assistant scoutmaster was found out to be gay and was expelled from the Scouts as consequence. This went to the courts with the final verdict being that the Boy Scouts of America (BSA) had the right to expel James Dale, the scoutmaster in question. This has been seen as the BSA having a discriminatory policy of admittance into the Scouts.

Although the Boy Scouts of Americas laws and oaths do not happen to say anything regarding a members sexuality,

The “Don’t Ask, Don’t Tell” (DADT) policy was one of the most influential procedures enacted by the United States Military during the 1990’s, and it continued to shape the Military until its repeal almost two decades after its passing. While allowing homosexuals to serve in the military, DADT also prevented those gay soldiers from revealing their sexuality, and forbid members of Armed Forces from inquiring about the sexuality of other soldiers. It had a massive influence on service members; by 2008, DADT had caused the discharge of over 12,000 officers who did not hide their sexual preference (“Don’t Ask, Don’t…”). After the policy had been in place for almost twenty years, Congress proposed the Don’t Ask, Don’t Tell Repeal Act in 2010. Despite

In the court case of Dale v. The Boy Scouts of America, James Dale took the organization to court for revoking his Boy Scout membership for being openly gay. The Boy Scouts of America stated that homosexual conduct contradicted the morals the organization was attempting to teach its scouts (Chicago-Kent College of Law, 2015) However, according to the New Jersey Public Accommodations Act, discrimination is prohibited in public places. This led us to the question of whether The Boy Scouts

Just because someone may feel happy with being with someone of the same sex should not deprive them from being in the military. These people are just as capable as the next man or woman. There were and still are people in the military that were already transgender and they were still performing the same way any regular person would. But because they did not know that they were transgender they still did not judge them. “For many in the military, the concern about transgender soldiers has long been about unit cohesion and fighting readiness - the deep trust and close cooperation essential for every small unit, who must work and potentially fight shoulder to shoulder in the trenches. And transgender soldiers could upset this cohesiveness, critics say” (Bruinius 10). Before many of these people knew about the transgender soldiers they trusted them with their whole heart, so what is so different about them now that you find out they are of the opposite sex? Their ability to do has not changed at all, the only thing that’s different is the structure of their body. Their mindset was always the same, their heart, their love for their country is still there, it will always be. So why should someone be discriminated for being gay or a transgender. These people are not just being judged based on who they are, they are

In 1999, more than 1,000 men and women were discharged from military service due to their sexuality. That number has actually decreased compared to recent years. (Suro NP) Homosexuals were purged from federal employment in 1950, with Bill Clinton updating that policy in 1993 by adding the “Don’t Ask, Don’t Tell, Don’t Pursue” policy. (Deicher 176) This policy doesn’t work and needs to either be updated again or the ban against homosexuals lifted. Gays should be allowed to fight for the military for employment reasons, the right to fight for one’s country, and because they are no different from anyone else. The fact of the matter is that not even experts can argue in favor of keeping the