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Letter encourages Boy Scouts: 'Do the right thing,' uphold Scout Oath

Alliance Defending Freedom explains Boy Scouts can uphold time-honored mission, avoid legal attacks

Wednesday, Mar 13, 2013

Attorney sound bites:  David Cortman  |  Erik Stanley

IRVING, Texas — Alliance Defending Freedom has sent a letter to the Boy Scouts of America that encourages its leadership to reaffirm its policy of accepting into membership only those who adhere to the group’s core values. In 2000, the U.S. Supreme Court upheld that policy, which is based upon values embodied in the Scout Oath and Law that members be “morally straight.”

The letter affirms BSA’s values but warns that an inconsistently applied policy nationwide could open the door to lawsuits. Activist groups could seize upon an inconsistent policy as supposed evidence that the policy is no longer essential to the Boy Scouts’ mission, and local councils and troops could be exposed to individual litigation, the letter explains.

“Boy Scouts are charged ‘to do the right thing,’ and this is the right moment for Boy Scouts leadership to set the example and do the right thing: defend Scouts’ honor,” said Senior Counsel David Cortman. “For generations, the Boy Scouts have stood firm on certain moral principles that have successfully shaped our nation’s boys into leaders. The Constitution protects the Boy Scouts’ freedom to promote the values that have defined the organization and to ensure that its leaders and members adhere to those values.”

“Boy Scouts of America was founded upon rich and timeless principles. It shouldn’t give in to intimidation or abandon its values,” said Senior Legal Counsel Erik Stanley, who is an Eagle Scout. “Its leadership should defend the Scouts’ honor and stand strong on the principles that have made the Boy Scouts one of America’s most revered institutions.”

“We write to alert BSA to the legal consequences of giving in to the demands of those who oppose or wish to change BSA’s values,” a summary of the letter to the Boy Scouts states. “Giving in will not alleviate their demands nor will it avoid legal liability for BSA or its many local councils, charters, and troops. It is not legally necessary for BSA to sacrifice its history or its principles in the face of growing threats.”

Alliance Defending Freedom has also made available an online petition that the public can sign. The petition encourages BSA to defend Scouts’ honor and uphold the values that have defined the organization for more than 100 years.
 

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Legal Documents

One-page fact sheet and legal analysis: based on letter to Boy Scouts of America
Summary:  of Alliance Defending Freedom letter to Boy Scouts of America

Related Resources

Online petition: Defending Scouts’ Honor

ABOUT David Cortman

David A. Cortman serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He has been practicing law since 1996, and currently supervises a team of over 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family. Cortman has litigated hundreds of constitutional law cases including two victories at the U.S. Supreme Court. In Trinity Lutheran Church v. Comer, he secured a 7-2 victory that overturned Missouri’s denial of a religious school’s participation in a state funding program. Cortman also argued Reed v. Town of Gilbert, securing a 9-0 ruling that prohibits the government from discriminating against religious speech. A member of the bar in Georgia, Florida, Arizona, and the District of Columbia, he is also admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. Cortman obtained his J.D. magna cum laude from Regent University School of Law.