Judge a Scout on His Actions

For nearly nine decades, the Boy Scouts of America has instilled in youngsters 11 to 17 some of the qualities that society values most: trustworthiness, loyalty, friendliness, bravery, concern for others. By the group’s own standards, James Dale, now 29, was a model Boy Scout, earning a chest full of merit badges and becoming an assistant scoutmaster. But the organization expelled him nine years ago when it found out he is homosexual. The New Jersey Supreme Court ruled Wednesday that Dale’s expulsion was illegal.

We would add it was wrong. The Scout leadership changed its judgment of Dale based on his sexual orientation, not because he became less brave, honorable, considerate or loyal.

Here is the oath 87 million American boys have taken over the years: “On my honor, I will do my best to do my duty to God and my country and to obey the Scout law; to help other people at all times; to keep myself physically strong, mentally awake and morally straight.” Dale took that pledge, earned 30 merit badges and became an Eagle Scout. After he became an assistant scoutmaster, there was no accusation that he did anything to promote homosexuality or in any way compromise the values fostered by the Boy Scouts. He was thrown out for what he was, not for what he did.

With no dispute on that point, the Scouts sought legal shelter in the argument that it is a private group that does not have to comply with laws prohibiting discrimination on the basis of sexual preference. The New Jersey court did not buy the argument.

The Boy Scouts is a congressionally chartered group--as is the Girl Scouts--that has earned a special status in American life for public service, from flood relief to war bond drives. The 1916 charter entitles the organization to “make and adopt bylaws, rules, and regulations not inconsistent with the laws of the United States of America, or any state thereof.” Yet lawyers argued that the Scouts could discriminate against gays under private-association laws that could also be used against racial or ethnic minorities. Surely this is not what Scouting, whose image has come to be one of inclusion and diversity, wishes to convey.

Thinly veiled in the Scouts’ attempts to fight this ruling--officials say they will take it all the way to the U.S. Supreme Court--is an unfounded fear that homosexual Scout leaders would prey on children. There simply is no evidence that homosexuals are any more likely to molest children than heterosexuals, be they Scout leaders, camp counselors or teachers.

The Boy Scouts of America is an organization dedicated to doing what is right and honorable. It is time for the Scouts to acknowledge that it is a member’s deeds, not who he is, that bring honor upon himself and the organization.