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Cub Scouts of Twins’ Former Den Testify : Trial: Several say religion wasn’t discussed when they joined organization that allegedly excluded the brothers.

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TIMES STAFF WRITER

Several Cub Scouts who belong to the same den that allegedly excluded twin Anaheim Hills brothers for refusing to say an oath to God testified Thursday that religion was not discussed when they joined.

Only one of the five boys called to testify remembered being asked if he believed in God when he signed up for Scouting. All five said they never prayed during any Scout meeting. However, they each said they fulfilled various religious requirements, including one that had them pray every night for a month.

The boys’ names were ordered withheld by Superior Court Judge Richard O. Frazee Sr. because they are minors. They were called to testify by attorney James Grafton Randall, who is representing his twin sons, William and Michael, in their fight to be readmitted into the Cub Scouts.

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The elder Randall alleges that the Boy Scouts of America illegally discriminated against his 10-year-old sons because of their views on God. The Boy Scouts contend that allowing the twins in Scouting would violate the organization’s right to freedom of association.

On Thursday, the five 8- and 9-year-old witnesses responded to questions from attorneys on both sides with yes or no answers.

Under direct examination by Randall, the boys testified that the twins were not disruptive to Scouting nor did they try to force their views on any of the other boys.

When Randall asked one Scout if he “missed having Michael and William Randall in your den,” the boy paused and said, “Yes.”

Another Scout, however, said that the Randalls should be required to say the word God in the Cub Scout Promise.

“They should say the oath just like we do,” he said.

All the boys who testified Thursday said they believed in God, but most had a problem defining what the phrase duty to God means in the Cub Scout Promise.

“It means you do all your chores that you’re supposed to do,” said one Scout.

It is the duty-to-God phrase, and the Randall boys’ refusal to say it, that is at the center of the lawsuit filed on behalf of the twins last February.

Following the testimony by the five Cub Scouts, the attorney for the Orange County Council of the Boy Scouts of America questioned Randall’s tactic of calling children to testify.

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“I think it was something that I would not have stooped to,” George Davidson, the Boy Scouts’ attorney, said during a court recess.

He added: “Boy Scouts is not a religion.”

Davidson attributed some of the young witnesses’ confusion about religious activities in Scouting to their age.

“These are very abstract questions for children of that age. . . . How old were they when they signed up? They were 6 years old,” Davidson said.

Later in the day, two of the Scouts’ parents were called to testify.

John Stenger, one of the parents, testified that he would be concerned if children who did not believe in God were admitted in his son’s Cub Scout den.

“I think the Cub Scouts represent my religious views,” Stenger said. “The Cub Scouts follow a certain set of rules. . . . I would like to see them continue that way.”

The non-jury trial will continue today with additional testimony from parents of Anaheim Cub Scout Den 4, Pack 519.

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