Lawyer for Atheist Twins Rests Case Against Scouts

The attorney who is representing his twin sons in a lawsuit against the Boy Scouts rested his case Friday and asked a Superior Court judge for an immediate ruling before the defense could present its side.

Attorney James Grafton Randall, the father of 10-year-old Michael and William, made a motion for a “directed verdict,” saying he believed the evidence was overwhelmingly in his favor. But Superior Court Judge Richard O. Frazee Sr. did not see it that way.

“This is not a slam dunk” case, Frazee said. “I can’t make a decision at this point. No way.”

With that said, attorneys for the Orange County Council of the Boy Scouts of America began to give their side of the story.

At issue is whether the Anaheim Hills twins, who say they don’t believe in God, can be members of the 80-year-old institution. The boys say they were expelled from Scouting once officials learned that they did not say the word God in the Cub Scout Promise.

The Randalls, through more than 15 witnesses and 1,000 pages of exhibits, have attempted to show that the Boy Scouts is a non-selective, public business, prohibited by state law from discriminating according to religious beliefs or lack thereof. The Scouts maintain that it is a private organization. At stake is freedom of association, not freedom of religion, the organization’s attorneys contend.

Throughout the non-jury trial, attorneys on both sides have questioned witnesses extensively about Scouting and religious activities and have scrutinized some seemingly ambiguous Scouting literature about religious requirements.

At times, the proceedings have dragged.

“It’s like watching grass grow,” said one of the attorneys for the Scouts.

On Friday, the first witness for the Boy Scouts was a Brea Cub Scout den mother of four years, who testified that religion was an integral part of Scouting.

Dressed in a Scout leader’s uniform, Anne Lanphar testified that the youths in her den often prayed at meetings and said grace before meals.

“There must be a recognition in God,” she said. She testified that including a youth who did not believe in God would be “disruptive” to the other boys. Further, she said, “it would demean” all the values of Scouting if a youth were permitted to advance in rank without fulfilling the religious requirements.

Scouting values have their “foundation” in “a belief in God,” she said.

But under intense cross-examination, Randall was able to get Lanphar to admit that Scouting’s values would have different meanings to boys with different religious backgrounds, such as Hindus, Buddhists and Mormons.

“The point is to respect their interpretations of God, not compare them to my religion,” said Lanphar, who is Catholic.

“Exactly,” said Randall. “Thank you.”

Randall also asked Lanphar if it “demeaned” Scouting values when boys with physical handicaps were allowed to advance without completing all the requirements. “We make slight modifications within the intent of the requirements,” she responded.

Asked if modifications couldn’t be made of the religious requirements for nonbelievers, Lanphar answered: “No, it’s fundamental to the program.”

As Randall questioned Lanphar, his two sons sat in the courtroom, listening to the exchange. One of the Randall boys, equipped with a note pad, wrote questions he thought his father should ask the witness.

“They were some good questions,” Randall said after the hearing.

The trial will be halted for a week, because the judge will be on vacation. It is scheduled to resume Dec. 18.