07220
April 13, 2007

Court dismisses suit against Boy Scouts

by Melissa Stee
Religion News Service

WASHINGTON — A federal appeals court has dismissed a lawsuit brought by the American Civil Liberties Union that challenged the U.S. Department of Defense’s support of the Boy Scouts of America and their national jamboree.
   
     The April 4 decision ended a dispute that began in 1999 when the ACLU filed suit claiming the “Boy Scouts’ policy requiring religious oaths” violated the separation of church and state.
   
     The ACLU objected to the Defense Department letting the Scouts hold their national Jamboree at Fort A.P. Hill in Virginia every four years because the Scouts’ oath reads in part: “On my honor I will do my best to do my duty to God and to my country.”
   
     A lower court had ruled that a 1972 law that allowed the Defense Department to support the Scouts was unconstitutional because it advanced religion on government property. In the most recent decision, the Chicago-based 7th U.S. Circuit Court of Appeals rejected that ruling and called the statute “an exercise of Congress’ powers under the military.”
   
     “Although some support of the organization does occur, the (Jamboree) statute does not turn money or services over to BSA to handle any way it wants,” the court said in its opinion. “It is about the military’s use and disposition of its land and equipment.”
   
     The American Center for Law and Justice (ACLJ), a conservative legal group, had filed a brief on behalf of the 90 members of Congress asking for the case to be dismissed. Jay Sekulow, the ACLJ’s chief counsel, was pleased with the decision.