RIGHTS WATCH : Business of Scouting

It ought to be enough that William and Michael Randall, twin brothers in Orange County, say they enjoy being Boy Scouts and have no intention of imposing their views on anyone else. But they have had to change troops because of ill feeling over their refusal to profess belief in God. And the county chapter of the Boy Scouts of America wants to exclude them from membership altogether.

The 4th District Court of Appeal Monday ruled wisely in the latest chapter of a long-running clash between the Scouts and the boys, represented by their father.

The nonprofit Orange County Council of the Scouts argued that it is a private organization with constitutionally protected rights of association and that as such it can decide whom to admit and exclude. But the court held instead that the council is a business, with stores, $9 million in assets and an annual budget of $4 million. As such, the Scouts are subject to the state Unruh Civil Rights Act, which prohibits businesses from discriminating on the basis of religion or race.

Significantly, a lower court judge who reviewed the case earlier said the activities the boys were engaged in were not about religion at all.

If the young people are uncomfortable swearing allegiance, why not leave them alone, rather than insisting on extracting an oath? Unfortunately, the dispute is likely to drag on, because the Scouts say they plan to appeal to the state Supreme Court.

It would be far better to drop the matter, to avoid putting the boys through further litigation and scrutiny.