KEN BLACKWELL COMMENTARY: A Scout Is Reverent

The conservative Republican commentator argues that while the spotlight is on Pennsylvania's upcoming primary, the presidential candidates need to speak out about how the Philadelphia City Council is attacking the Boy Scouts of America for not wanting homosexuals in its ranks: "City Council’s action violates the First Amendment, and the Scouts should fight this in federal court. The Boy Scouts of America has been shaping the character of young American boys since it was founded in 1910. The Scouts challenge and encourage boys and young men how to be honorable and productive members of society. They achieve this through teaching, adult mentoring, and behavioral example, among other things. In 1928, Philadelphia recognized the social value of the Scouts by agreeing to a perpetual lease whereby the Scouts could have a headquarters facility for $1 a year. But just last year the City Council voted 16-1 to violate their contractual obligation by breaking the lease. As of next month, the Boy Scouts’ rent for that facility would be a whopping $200,000 per year. What prompted the City Council to take such severe action? What was the Scouts’ crime? They have kept teaching the values that they have been teaching for almost a century."

Mr. Blackwell, a former Scout, continues his commentary: "Ever since 1910, Scouting has taught that part of being a committed Scout is a traditional understanding of sexuality. Though Scouting respects adherents of various faiths, it has always had a Bible-based morality as the foundation of its values. The Boy Scouts of America believes expressed homosexuality is inconsistent with its credo. They believe their 'duty to God' and promise to be 'reverent' requires fidelity to that traditional faith. As a result, the Scouts do not allow openly homosexual individuals in their adult leadership ranks. But the Philadelphia City Council has bought into a radical homosexual agenda lock, stock, and barrel. Not only does the Council provide full recognition of special homosexual rights, they also will obviously attack any organization that does not adopt its newfound agenda. The Council is utterly intolerant of any person or organization that does not embrace its new 'tolerance,' and is seeking to drive the Scouts from the city."

And more: "But there is one problem with what the Philadelphia City Council is doing: it is not only wrong, it is illegal. In fact, it is unconstitutional. The First Amendment of the Bill of Rights constrains the actions of every city in America. And, targeting the Boy Scouts because of their religious expressions violates three of our country’s most sacred First Amendment guarantees. First, this violates the Boy Scouts’ free speech. To discriminate against the Scouts because of what they say about homosexuality is called viewpoint discrimination, and the Supreme Court has held that viewpoint discrimination is always unconstitutional. Sometimes national security or other extremely important interests allow government to forbid speaking on certain topics. But if any given subject is permissible, then the government can never force those who take a certain side of the issue to be silenced. Second, this violates the Establishment Clause. Government cannot target any person or group for punishment because of religious faith. The Scouts base their moral teaching on a traditional understanding of the Bible. To take action against them because of that faith goes to the core of what religious liberty is meant to forbid. And third, it violates the Scouts’ fundamental right of association. The Supreme Court held just a few years ago that the Scouts have a right, as a private organization, to have its own standards for members and leaders based on their own values. Philadelphia is attacking the Scouts for exactly what the Supreme Court has ruled that the Scouts legally can do."

My response: I disagree with Mr. Blackwell. If they were not getting government subsidies, then the Scouts can do as they please. Since they are getting such funding, then the Scouts put themselves in this position. Philadelphia's City Council is not preventing the Scouts from advocating their position, but from being subsidized by government while doing so. That is not a violation of freedom of assembly or freedom or religion. The Scouts should pay the rent, and continue advocating their issues as they see it. I'm sure the Boy Scouts will have little problems finding donors to underwrite the cost of being in the same facility - perhaps Mr. Blackwell can kick things off, since he is passionate about the issue - or offers to move to a different facility for less or no cost.