BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  ACR 94
                                                                  Page  1

          Date of Hearing:  May 8, 2012

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                 ACR 94 (Morrell) - As Introduced:  January 30, 2012
           
          SUBJECT  :  BOY SCOUTS OF AMERICA: COMMEMORATION

           KEY ISSUES  :  

          1)EVEN THOUGH HURTFUL DISCRIMINATION BY PRIVATE ORGANIZATIONS 
            AGAINST AMERICANS ON THE BASIS OF SEXUAL ORIENTATION AND 
            RELIGION MAY BE TECHNICALLY LEGAL UNDER SUPREME COURT 
            DECISIONS, DOES THIS MEAN IT IS RIGHT AND therefore SHOULD BE 
            IGNORED IN OFFICIAL resolutions COMMEMORATing such groups?

          2)if the legislature chooses to congratulate the boy scouts 
            because of the organization's many good works, should the 
            legislature nevertheless hold fast to its unwavering 
            commitment to non-discrimination by insisting that any such 
            laudatory resolution be amended to urge that the scouts 
            finally abandon their longstanding hurtful discriminatory 
            policies against some american families solely on the basis of 
            sexual orientation or religious perspective? 

                                      SYNOPSIS
          
          This controversial resolution makes various findings to 
          congratulate the Boy Scouts of America (BSA) on its anniversary. 
           The resolution also appropriately recognizes the many 
          outstanding achievements and impacts the scouting program has 
          had on youth in California.  As with similar resolutions 
          introduced in the past, the resolution again raises the very 
          troubling equality concerns expressed over many years by many 
          members of this Committee and the Legislature, as well as civil 
          rights groups and individuals, all of whom are deeply committed 
          to equality and nondiscrimination.  Notwithstanding awareness of 
          this Committee's unwavering commitment to equality for all 
          Americans, proponents of the measure are intent on pursuing the 
          measure in its current form, passage of which, without an 
          express call for abandoning its discrimination, would put the 
          California Legislature formally on record commemorating an 
          organization that has long discriminated against individuals 
          solely because of their sexual orientation or religious views.  
          Recent reports underscore that the national scouts organization 








                                                                  ACR 94
                                                                  Page  2

          sadly and stubbornly continues to grasp on to its discriminatory 
          policies amidst heartfelt requests to discontinue it, not just 
          from without but increasingly from within the organization as 
          well.  And the compelling stories of tragic hurt and pain that 
          these discriminatory policies have caused some American families 
          continue to receive national notoriety, regrettably clouding the 
          legacy and good works of this famous American institution.  The 
          analysis notes that as recently as just last week a den mother 
          who was reportedly asked by fellow scout parents to serve in 
          that role, and reportedly was doing a good job, was nevertheless 
          ousted by the national scouts organization simply because of her 
          sexual orientation.  

          In a sincere effort to avoid unnecessary embarrassment to the 
          Boy Scouts of America and to try to reach a collaborative 
          result, the Chair of this Committee inquired if the author of 
          this resolution might be open to accepting an amendment to the 
          resolution to applaud the scouts' good works while at the same 
          time appropriately calling on the group to finally abandon its 
          anachronistic discriminatory policies.  The Chair noted such 
          non-discrimination language was already contained in his and his 
          colleagues' ACR 128, also before the Committee, but that they 
          would be pleased not to pursue their resolution and instead 
          support this one if this nondiscrimination language was simply 
          added to this resolution as well.  However the author's office 
          informed the Committee that this nondiscrimination language 
          would not be acceptable to the author, and the author wished to 
          proceed with this resolution absent such nondiscrimination 
          language.  

          Opponents of the resolution, who include groups and individuals 
          committed to equality and nondiscrimination, state that the 
          resolution "fails to note the BSA's historical and ongoing 
          discrimination" and argue that the Legislature should 
          "reconsider the language and intent of ACR 94 based on the State 
          of California's fundamental civil rights of all persons of 
          protected classes."  

          As noted below, for at least the past decade, at least a half 
          dozen similar resolutions seeking to commend this organization 
          -- notwithstanding its discriminatory policies -- have been 
          brought to this Committee with their authors refusing to accept 
          nondiscrimination language -- even though the Committee's 
          commitment to nondiscrimination is well known.  All such 
          measures have failed due to the organization's continuing 








                                                                  ACR 94
                                                                  Page  3

          adherence to its discriminatory policies.  The analysis suggests 
          that given the Committee's longstanding concern about the BSA's 
          discriminatory policies, the Committee may wish to inquire once 
          more of the author whether he is prepared to amend the measure 
          to add a statement encouraging the BSA to halt its 
          discriminatory policies so that Boy Scouts can be appropriately 
          recognized for the many good works that they have accomplished 
          over the past century.   
           
          SUMMARY  :  Seeks to commend the Boy Scouts of America on their 
          102nd anniversary without encouraging the organization to halt 
          its discriminatory policies that cause great pain and hurt to 
          some American families solely on the basis of sexual orientation 
          or religious perspective.  Specifically,  this measure  :  

          1)Declares, among other things, that:

             a)   The Boy Scouts of America was inspired and modeled on 
               the Boy Scouts Association, established by Lord 
               Baden-Powell in the United Kingdom in 1908.

             b)   William D. Boyce, an American newspaper man, with Edward 
               S. Stewart and Stanley D. Willis, incorporated the Boy 
               Scouts of America on February 8, 1910, and applied for a 
               federal charter.

             c)   The Boy Scouts of America's goal is to train youth in 
               responsible citizenship, character development, and 
               self-reliance through participation in a wide range of 
               outdoor activities, educational programs, and 
               career-oriented programs in partnership with community 
               organizations.

             d)   In addition to nostalgic memories of campfires kindling 
               friendships, prominent leaders in all fields of endeavor 
               have credited the skills they learned in scouting as 
               helping mold them into successful citizens.

             e)   Scouting is operated locally through units sponsored by 
               churches, clubs, civic associations, educational 
               organizations and the like, which furthers their mission to 
               give back to their communities and units are led entirely 
               by volunteers.

             f)   Scouts have been urged to "Do a Good Turn Daily" from 








                                                                  ACR 94
                                                                  Page  4

               the inception of the scouting movement; Scouting for Food 
               is an on-going annual program, started in 1986, that 
               collects food for local food banks; and in 1997, the Boy 
               Scouts of America developed Service to America, with a 
               commitment to provide 200 million hours of service by youth 
               members by the end of the year 2000, which included service 
               projects with the National Park Service.

             g)   In 2008, the Boy Scouts of America honored its 
               two-millionth Eagle Scout; the United States Mint issued 
               350,000 Boy Scouts of America Silver Dollar Centennial 
               Commemorative Coins; the United States Postal Service 
               released the Celebrate Scouting commemorative stamp; and on 
               January 1, 2010, the Boy Scouts of America, for the first 
               time in its history, entered a float commemorating its 
               100th anniversary for the Annual Tournament of Roses Parade 
               held in Pasadena, California.

          2)Resolves that the Assembly, with the Senate concurring, 
            congratulates the Boy Scouts of America on their 102nd 
            Anniversary and acknowledges that the Boy Scouts of America 
            have provided a strong program for youth for 102 years, and 
            commends the Boy Scouts of America for its accomplishments.

           EXISTING LAW  :

          1)Provides, under the Unruh Civil Rights Act, that "Ŭa]ll 
            persons within the state are free and equal and, no matter 
            what their sex, race, color, religion, ancestry, national 
            origin, disability or medical condition are entitled to the 
            full and equal accommodations, advantages, facilities, 
            privileges, or services in all business establishments of 
            every kind whatsoever."  (Civil Code section 51.)

          2)Construes the protection of the Unruh Act broadly, holding 
            that its protections also cover gay men and lesbians, families 
            with children, persons under 18, and individuals who associate 
            with members of a protected class.  (See,  Rolon v. Kulwitzky  
            (1984) 153 Cal.App.3d 289;  Hubert v. Williams  (1982) 133 
            Cal.App.3d Supp. 1;  Marina Point, Ltd. v. Wolfson  (1982) 30 
            Cal. 3d 721;  O'Connor v. Village Green Owners Assn.  (1983) 33 
            Cal.3d 790;  Winchell v. English  (1976) 62 Cal. App. 3d 125.)

          3)Provides, under the First Amendment and the California State 
            Constitution, a right to expressive association.  (U.S. Const. 








                                                                  ACR 94
                                                                  Page  5

            Amend. 1 and Cal. Const. Art. I. Sect. 3.)

          4)Provides that requiring the Boy Scouts to admit openly gay 
            people violates the group's First Amendment right of 
            expressive association (  Boy Scouts of America v. Dale  (2000) 
            530 U.S. 640) and provides that the Boy Scouts are not a 
            "business establishment" under the Unruh Civil Rights Act with 
            respect to their membership policies and decisions.  (  Curran 
            v. Mount Diablo Council of Boy Scouts of America  (1998) 17 
            Cal.4th 670.)

          5)Provides that a state does not violate the Boy Scouts' First 
            Amendment rights by terminating its participation in a state 
            workplace charitable campaign due to its discriminatory 
            membership policy.  (  Boy Scouts of America v. Wyman  (2003) 335 
            F.3d 80.)  The United States Supreme Court declined to review 
            the case. 

          6)Provides that governmental entities in California may withhold 
            support from non-profit organizations that practice 
            discrimination on the basis of sexual orientation and 
            religion.  (  Evans v. City of Berkeley  (2006) 38 Cal.4th 1.)  
            The United State Supreme Court declined to review the case. 

          7)Declares discrimination on the basis of "race, color, 
            religion, sex, gender, gender identity, gender expression, 
            sexual orientation, marital status, national origin, ancestry, 
            familial status, source of income, disability, or genetic 
            information" against California public policy.  (See, e.g., 
            Government Code section 12922.  Emphasis added.)

           FISCAL EFFECT  :  The measure as currently in print is keyed 
          non-fiscal. 

           COMMENTS  :  This controversial resolution continues a decade-long 
          effort to make various findings to congratulate the Boy Scouts 
          of America (BSA) without acknowledging the organization's 
          stubborn commitment to discrimination and without urging the BSA 
          to halt these hurtful discriminatory policies.  As with similar 
          resolutions introduced in the past, the resolution raises once 
          again the very troubling concerns expressed over many years by 
          many members of this Committee and of the Legislature, and civil 
          rights groups and individuals, all of whom are deeply committed 
          to equality and nondiscrimination.  Notwithstanding awareness of 
          this Committee's unwavering insistence on, and commitment to, 








                                                                  ACR 94
                                                                  Page  6

          equality for all Americans, proponents of the measure are intent 
          on pursuing the measure in its current form, passage of which 
          would put the California Legislature formally on record 
          commemorating an organization that has long discriminated 
          against individuals solely because of their sexual orientation 
          or religious views.

          Recent reports underscore that the national scouts organization 
          sadly and stubbornly continues to adhere to its discriminatory 
          policy amidst heartfelt requests to discontinue it not just from 
          without but from within as well.  And the compelling stories of 
          tragic hurt and pain that this discriminatory policy has caused 
          many American families continue to receive national notoriety 
          (see below), regrettably clouding the legacy and good works of 
          this century-old famous American institution. 

           The Well-Known and Indisputable Good Works of the Boy Scouts  :  
          According to the author's office, the goal of the BSA is to 
          train youth in responsible citizenship, character development, 
          and self-reliance through participation in a wide-range of 
          outdoor activities, educational programs, and career-oriented 
          programs in partnership with community organizations.  In 
          addition, the author's office notes that entities of the Federal 
          Government have honored the Boy Scouts including the United 
          States Postal Service, which issued a commemorative stamp and 
          the United States Mint, which issued some 350,000 Silver Dollar 
          Centennial Commemorative Coins, and that honoring the 
          achievements and contributions of this organization should be 
          the goal of this Legislature, regardless of the organization's 
          discriminatory policies.

          In support of the resolution, the author states:

               The Boy Scouts of America is one of the nation's largest 
               and valued youth improvement groups and provides a program 
               for young people that forms character, trains them in the 
               responsibilities of participating citizen, and develops 
               personal fitness. The Boy Scouts of America has helped 
               create many future leaders of America by combining 
               educational events and lasting values with entertainment. 
               The Boy Scouts of America knows that helping a youth is a 
               strategy to creating a more hard-working, responsible, and 
               dynamic society.

           The Scout Oath and Law:   In evaluating this resolution, 








                                                                  ACR 94
                                                                  Page  7

          opponents state that it is important to note that among other 
          things the Boy Scout Oath and Law provides that a Scout should 
          "treat others as he wants to be treated."  (Emphasis added.)

           The Rehnquist Supreme Court Decision 2000  :  In  Boy Scouts of 
          America v. Dale  , supra., the U.S. Supreme Court, in an opinion 
          by Chief Justice William Rehnquist, ruled on whether requiring 
          the Boy Scouts to approve James Dale, a gay man, as an assistant 
          scoutmaster would significantly affect the Boy Scouts' ability 
          to advocate its viewpoints.  In this case, the nation's highest 
          court held that requiring the Boy Scouts to admit openly gay 
          people violates the group's First Amendment right of expressive 
          association.  In its ruling, the Court noted the following 
          position statement promulgated by the Boy Scouts in 1991:  "We 
          believe that homosexual conduct is inconsistent with the 
          requirement in the Scout Oath that a Scout be morally straight 
          and in the Scout Law that a Scout be clean in word and deed, and 
          that homosexuals do not provide a desirable role model for 
          Scouts."  (  Dale  at 652.)  The Court also noted a 1993 position 
          statement which read "The Boy Scouts of America has always 
          reflected the expectations that Scouting families have had for 
          the organization.  We do not believe that homosexuals provide a 
          role model consistent with these expectations.  Accordingly, we 
          do not allow for the registration of avowed homosexuals as 
          members or as leaders of the BSA."  (  Id.  )  The Court held that 
          the First Amendment association rights of the Boy Scouts of 
          America permitted this express discriminatory policy -- though 
          the Court did not state it condoned such a policy.  

           BSA's Repeated Reaffirmations of Its Discriminatory Membership 
          Policy.   On February 6, 2002, the National Executive Board of 
          the BSA "reaffirmed its traditional leadership standards" in 
          rejecting proposals by individual Scout Councils seeking 
          flexibility to determine their own membership and leadership.  A 
          press release announcing the Board's reaffirmation of this 
          discrimination policy, which rejected gays and atheists as 
          members and leaders of the Boy Scouts, stated: 

               The BSA reaffirmed its view that an avowed homosexual 
               cannot serve as a role model for the traditional moral 
               values espoused in the Scout Oath and Law and that 
               these values cannot be subject to local option 
               choices.  In affirming its existing standards of 
               leadership, the board also agreed that duty to God is 
               not a mere ideal for those choosing to associate with 








                                                                  ACR 94
                                                                  Page  8

               the Boy Scouts of America; it is an obligation, which 
               has defined good character throughout the BSA's Ŭthen] 
               92-year history.


          In 2004, the BSA once again reaffirmined its discriminatory 
          policy, and this express policy of discrimination has reportedly 
          been strictly enforced against Scouts ever since up to the 
          present.  In 2005, for example, a high-level employee of BSA was 
          reportedly fired by the National Council after the organization 
          received a copy of his bill from an alleged "gay resort" at 
          which the employee had vacationed.  And in 2009, the parents of 
          a Vermont Scout were reportedly prohibited from volunteering for 
          his pack when it was discovered that they were gay.
           
          BSA's Values of Respect, Opponents Suggest And This Committee 
          Has Repeatedly Affirmed, Are Wholly Inconsistent With the 
          Organization's Actions in Dismissing Members Because of Their 
          Beliefs.   In 2002, various news accounts reported that Darrell 
          Lambert, an Eagle Scout at the time, was told he had to 
          completely disassociate himself from the BSA because he was an 
          atheist.  Lambert objected to his dismissal, explaining that he 
          believed it "unjust and opposed to the very values that Scouting 
          claims to uphold."  In a letter to the Western Region Appeal 
          Committee, he wrote: 

               To me the issue at hand should not be if I believe or 
               don't believe in God.  It should be about my character, 
               my citizenship, and my devotion to Scouting.  Every 
               parent of my Scout troop sees me as a good role model 
               for their kids.  They may not agree with my view on God, 
               but they can focus on the important issues and see the 
               person I really am. ?

               Everybody can be a good citizen; it doesn't matter if 
               you are a Christian, a Buddhist, a spiritualist, or an 
               atheist.  Morals come from more than just a belief in 
               God.  They come from inside - they are what makes you 
               feel happy to help someone, to teach them, and to see 
               them succeed.  Scouting is about loyalty to one another, 
               it is about being trustworthy and having trust in each 
               other, it is about going camping and hiking and 
               developing your skills out of doors, it is about 
               becoming a leader and standing up for people that need 
               help.  It is about giving back to the community and 








                                                                  ACR 94
                                                                  Page  9

               society to make your country that much better.  That is 
               what Scouting is about for everyone.  Religion is an 
               individual choice and should be recognized as that by 
               Scouts, but it should never be used to exclude boys from 
               Scouts. ?

               Not allowing atheists into Scouts defies both American 
               and Scouting values.  It teaches kids to hate and to 
               think of atheists as lesser people.  It teaches them to 
               fear differences rather than understand them.
           

            Recent Reported Evidence of Continuing Discrimination Engaged in 
          By National Organization of the Boy Scouts  :  Lest there be any 
          question whether the Boy Scouts of America sadly continues to 
          adhere to an anachronistic and hurtful policy of discrimination 
          against some Americans, several national news organizations 
          reported just this past week about a den mother for her son's 
          Cub Scout troop who was apparently "ousted" by the Boy Scouts 
          for no other reason than her sexual orientation.  According to 
          this report: 


               Jennifer Tyrrell and her 7-year-old son have had many 
               rewarding experiences with the Boy Scouts of America, but 
               their participation in the national organization came to an 
               end because she is gay, and the group does not allow open 
               or avowed homosexuals in their membership.  Tyrrell learned 
               the news on April 10. The loss has been devastating.


               "We were like a family, so in essence ? we lost our 
               scouting family, but they also lost two members of their 
               scouting family," the former Tiger Cubs den leader from 
               Bridgeport, Ohio, told msnbc.com, at points breaking down 
               into tears.  "The best time in our lives we've had in the 
               last year, it's gone ? because we can't be scouts any more. 
               I can't stop crying," she later added?   Tyrrell, a 
               32-year-old stay at home mother of four, said she agreed to 
               become the den master on the day she signed up her son, 
               Cruz Burns, for the local troop, last year. She had 
               concerns about the Boy Scouts' policy against homosexuals, 
               but a Cubmaster said that - locally -- they wouldn't have 
               problem.









                                                                  ACR 94
                                                                  Page  10


               "He said they would stand, you know, hand in hand with us 
               and stand behind us all the way. Well, actually, that's 
               been true," she said. "I've never had a problem."


               Boy Scouts spokesman Deron Smith said Tyrrell was removed 
               from the program for being in violation of the national 
               policy regarding homosexuals? "This policy was understood 
               by her and her fellow volunteers, but not followed, upon 
                    her registering in the program," he wrote in an email to 
               msnbc.com? Tyrrell said she would still be at home, crying 
               on the couch, if her friends hadn't encouraged her to hold 
               a protest in town against her dismissal and start a 
               campaign online to seek changes to the Boy Scouts policy.  
               That petition has garnered more than 170,000 signatures?"  
               Tyrrell said she will continue to push for changes at the 
               Boy Scouts and called on them to take "the high road" and 
               change their policy to include "all Americans." "? because 
               we're just people," she said. "We're just gay people who 
               love their kids." 


                
               (  http://usnews.msnbc.msn.com/_news/2012/04/26/11413346-gay-mom-upset-after-dismissal-by-boy-scouts?lite  )

           
          Even the Nation's Armed Services Have Abandoned Their Prior 
          Discriminatory Policies Based on Sexual Orientation:   
          Recognizing that the BSA is a private institution and thus 
          technically legally free to discriminate pursuant to  Boy Scouts 
          of America v. Dale  , supra., it is nevertheless instructive to 
          note that even the American Armed Forces, which had long had a 
          policy of discrimination based on sexual orientation, has 
          abandoned this former approach as both unnecessary and hurtful.  
          In 2010 Congress passed and President Obama signed legislation 
          repealing "Don't Ask Don't Tell" when the President, the 
          Secretary of Defense, and the Chairman of the Joint Chiefs of 
          Staff certified that repeal would not harm military readiness.  
          And the official repeal of this longstanding anachronistic 
          discriminatory policy became effective September 20, 2011.  In 
          supporting this historic retreat from discrimination, then 
          Chairman of the Joint Chiefs of Staff Admiral Mullen stated that 
          "allowing gays and lesbians to serve openly would be the right 
          thing to do."








                                                                  ACR 94
                                                                  Page  11

           
          Public Withdrawal Of Support For The Boy Scouts Demonstrates 
          Many Americans' Intolerance For Discrimination:   Since the 
          Rehnquist opinion in  Dale  over a decade ago, many parents, 
          religious groups, corporations, cities, schools and non-profit 
          entities alike have reportedly responded by withdrawing their 
          support, including financial support, from the BSA.  As Lambda 
          Legal Defense and Education Fund Executive Director Kevin M. 
          Cathcart stated, "Parents, religious groups, corporations, 
          cities, and schools agree: the Boy Scouts may have a legal right 
          to discriminate, but that doesn't make discrimination right."  

          And strikingly, one of the most famous Eagle Scouts of all, 
          filmmaker Steven Spielberg, stepped down from an advisory board 
          of the Boy Scouts stating "The last few years in Scouting have 
          deeply saddened me to see the Boy Scouts of America actively and 
          publicly participating in discrimination.  It's a real shame." 
          ("Supreme Court Ruling Yields Unexpected Lesson for Boy Scouts 
          of America," Lambda Legal Defense and Education Fund, Press 
          Release, June 21, 2001.)  Individual troops have also this past 
          decade made similar appeals, leading to the expulsion of some 
          troops, including seven different troops in Oak Park, IL because 
          of their refusal to comply with the anti-gay policy.  ("Boy 
          Scout Policy Sparks Impassioned Debate on Gays," Gannett News 
          Service, by Fredereka Schouten, March 12, 2001.)  

           Recent Developments Within The BSA's Own Governance Structure 
          Also Demonstrate The Increasing Unfairness Of Its Discriminatory 
          Policies  .  Recently, the BSA's 294 local councils, charged with 
          administering the BSA program at the local level, have not 
          expressed uniform support for the BSA's stance.  For example, 
          some councils, without expressly disavowing the BSA's 
          discriminatory policies, have reportedly begun to "look the 
          other way when it comes to membership rules."  ("Local Scouting 
          Policy Unclear; National BSA Disallows Gays," by Bronislaus B. 
          Kush, Worcester Telegram & Gazette, July 25, 2010.)  Explicit 
          disagreement has also begun to emerge: for example, the Mohegan 
          Council, a local council in Massachusetts, has adopted a 
          non-discrimination policy that expressly  prohibits  
          discrimination based upon sexual orientation, religion, or 
          creed.  The Mohegan Council's policy evinces its recognition 
          that excluding or marginalizing others based upon their 
          religious beliefs or sexual orientation is simply incompatible 
          with one of the basic goals of scouting-"to teach youth 'to be 
          friendly, courteous and kind and to help other people at all 








                                                                  ACR 94
                                                                  Page  12

          times.'"  (Id.)

          The growing rejection of BSA policies within its own ranks 
          suggests that the sustained efforts of public officials, civil 
          rights advocates, and concerned citizens may have begun a 
          process that may eventually result in the BSA appropriately 
          repudiating all forms of arbitrary discrimination.  Such a 
          repudiation will, the author of ACR 128 notes, hopefully result 
          in a policy similar to that of the Girl Scouts of the United 
          States of America, an organization that has been repeatedly 
          commended by this Legislature for its proud history of inclusion 
          and its steadfast refusal to discriminate on the basis of sexual 
          orientation or religious belief.
           
          Possible Committee Amendment  :  Given that this Committee has 
          repeatedly made clear its long-standing commitment against 
          discrimination, the Committee may wish to inquire of the author 
          whether the author is willing to amend this measure to add a 
          statement encouraging the BSA to halt its discriminatory 
          policies, so that the Boy Scouts can be appropriately recognized 
          for the good works that they have accomplished for over a 
          century.  If the author remains unwilling to include such 
          nondiscrimination language in this resolution, the Committee may 
          wish to reserve its support for commemorating the Boy Scouts for 
          ACR 128 (Feuer, Atkins, Dickinson, Monning, and Wieckowski), 
          which similarly commemorates the good works of the Boy Scouts of 
          America but also appropriately urges the scouts to accept for 
          membership and leadership positions qualified boys and men 
          without discrimination on the basis of sexual orientation or 
          religious belief.  

          ARGUMENTS IN OPPOSITION  :  In opposition, the California National 
          Organization for Women argues:

               We cannot accept the idea that character development 
               includes fostering of bigoted attitudes towards others in 
               our diverse society.  Nor can we support the idea that boys 
               and young men can be taught to be good citizens while 
               rejecting the ideals of religious and social tolerance on 
               which our country was founded?

               The BSA also vehemently opposed the foundation of Girl 
               Scouts USA, attempting to restrict the use of the words 
               "scout(s)" and "scouting" only for the BSA.  Women and 
               girls have also been prohibited from participation in BSA 








                                                                  ACR 94
                                                                  Page  13

               troops, including expulsion of girl members and closure of 
               entire troops that had been organized by women leaders in 
               the absence of willing male volunteers.

          Further, in opposition, the Regional Human Rights/Fair Housing 
          Commission states that "Ŭt]he intent of our opposition is not to 
          deny the Boy Scouts of America their First Amendment right of 
          expression.  Rather, our intent is aimed at the Legislature for 
          its failure to up hold the State of California's legal 
          protections for our LGBT community.  ? There will always be 
          segments of our society that maintain a bias against certain 
          groups; but our State Legislature should not be one of them.  It 
          would be wrong for our Legislature to condone, commemorate or 
          honor any one, group, organization or affiliate that the 
          Legislature willing acknowledges discriminates against anyone."

          Also writing in opposition, the National Center for Lesbian 
          Rights states in part that:

               BSA is a multi-million-dollar organization that affects the 
               lives of millions of youth members and adult volunteers.  
               At the time of the Dale lawsuit ? BSA had more than 87 
               million members.  It often provides the only outlet for 
               organized outdoor activities and educational programs for 
               youth, particularly in rural California communities.  If 
               gay or bisexual youth want to participate in these 
               activities, they must painfully hide essential parts of 
               their identity.  In addition to actually excluding gay and 
               bisexual youth and adult volunteers, BSA's policies teach 
               its young members that such exclusionary policies are not 
               only acceptable but necessary because an openly gay or 
               bisexual volunteer is inconsistent with the Scout's law to 
               be "morally straight and clean in thought, word, and deed." 
                Such rhetoric is particularly dangerous in today's climate 
               of increased bullying and teen suicide.  In fact, research 
               suggests that lesbian, gay, bisexual and transgender youth 
               who lack strong support networks and are unable to freely 
               express their sexual or gender identity suffer increased 
               rates of depression, substance abuse, and suicide.

          Finally, Equality California (EQCA) opposes this resolution 
          noting that:

               As a condition to obtain membership in BSA, youth and 
               adults are also required to subscribe to certain religious 








                                                                  ACR 94
                                                                  Page  14

               principles and oaths, thereby excluding atheists and 
               agnostics from the organization. Attempts by local BSA 
               charter organizations to establish more inclusive policies 
               and call for tolerance and diversity have been dismissed by 
               the National BSA Council.

          Equality California adds that the Legislature has repeatedly 
          rejected resolutions similar to this resolution and notes the 
          Legislature "should continue to withhold its support of such 
          measures until such time as BSA allows participation of all 
          qualified boys and men, without discrimination on the basis of 
          sexual orientation or religious belief."

           Prior Related Legislation:   ACR 119 (Garrick and Hagman) of 2010 
          sought to congratulate and commend the Boy Scouts of America on 
          their 100th anniversary and centennial celebration without 
          encouraging the organization to halt its discriminatory policies 
          that regrettably harm individuals seeking to be scouts and 
          excluded from this opportunity solely due to their personal 
          characteristics, died in Committee.

          ACR 155 (Cogdill) of 2006 sought to recognize the efforts of Boy 
          Scouts who earn the rank of Eagle Scout without encouraging the 
          organization to halt its discriminatory policies that 
          regrettably harm individuals seeking to be scouts and excluded 
          from this opportunity solely due to their personal 
          characteristics, died in Committee.

          ACR 38 (Cogdill) of 2005 sought to recognize the efforts of Boy 
          Scouts who earn the rank of Eagle Scout without encouraging the 
          organization to halt its discriminatory policies that 
          regrettably harm individuals seeking to be scouts and excluded 
          from this opportunity solely due to their personal 
          characteristics, died in Committee.  

          ACR 69 (Goldberg) of 2005, Resolution Chapter 82, Statutes of 
          2005, similarly recognized the achievements of the Boy Scouts 
          but additionally encouraged the BSA to accept for membership and 
          leadership positions all qualified boys and men without 
          discriminating on the basis of sexual orientation or religious 
          belief.  

          ACR 170 (Robert Pacheco) of 2004, which would have recognized 
          various youth organizations including the Boy Scouts of America, 
          died in this Committee.








                                                                  ACR 94
                                                                  Page  15


          ACR 59 (Robert Pacheco) of 2004, which would have recognized the 
          outstanding efforts of the Boy Scouts who, through persistence 
          and hard work, earn the rank of Eagle Scout, promote the 
          brotherhood of scouting across international boundaries as a 
          model of leadership, character, and honor, failed passage in 
          this Committee.

          ACR 89 (Goldberg) of 2003, Resolution Chapter 118, Statutes of 
          2003, recognized the achievements of the Boy Scouts and 
          acknowledged the important contributions individual Boy Scouts 
          make in their communities.  The resolution also encouraged the 
          BSA to accept for membership and leadership positions, including 
          the rank of Eagle Scout, all qualified boys and men without 
          discriminating on the basis of sexual orientation or religious 
          belief.

          ACR 90 (Robert Pacheco) of 2001, which was not heard in this 
          Committee, would have made various findings in congratulating 
          the Boy Scouts of America on the 85th anniversary of the 
          granting of its federal charter by Congress, failed passage on 
          the Assembly Floor. 

          ACR 140 (Robert Pacheco) of 2001, which would have made various 
          findings in congratulating the Boy Scouts of America on the 
          anniversary of the granting of its Federal Congressional 
          Charter, failed passage in this Committee.

          SR 15 (Knight) of 2001, which congratulated the Boy Scouts of 
          America on the occasion of the 85th anniversary of its 
          congressional charter, was adopted by the Senate.

          AB 1592 (Wyman) of 2001, which would have allowed a charitable, 
          expressive, and social organization, such as the Boy Scouts of 
          America (the Boy Scouts), to discriminate in its membership 
          decisions by exempting such organizations from the Unruh Civil 
          Rights Act, died in this Committee.





           REGISTERED SUPPORT / OPPOSITION  :   

           Support 








                                                                 ACR 94
                                                                  Page  16

           
          None on file

           Opposition 
           
          Equality California (EQCA)
          Asian and Pacific Islanders California Action Network (APIsCAN)
          California National Organization for Women 
          National Association of Social Workers
          National Center for Lesbian Rights
          Lambda Legal
          Regional Human Rights/Fair Housing Commission
           

          Analysis Prepared by  :  Drew Liebert / JUD. / (916) 319-2334