Re: Duty To God
Bruce E. Cobern (bec@PIPELINE.COM)
Fri, 3 Oct 1997 13:39:15 -0400
At 12:35 PM 10/2/97 -0500, MR JOHN A SEVERINO wrote:
>...was Duty to God not a part of this Scout's Tenderfoot thru Life
>Boards of Review?
The case of the Randall twins is nothing new. The California courts ruled
that Scouting is a business and hence subject to your Unruh Act. Thus, the
local council was ordered to admit them AND, I believe, not to deny them
advancement because of their lack of a belief in God.
That ruling has been appealed to the CA Supreme Court, which has agreed to
hear it, but has not done so in over three years. My understanding is that
should the Court uphold the lower court decision the council would have no
choice but to allow the Eagle Boards to take place. On the other hand,
should the Supreme Court overturn the lower court decision the twins would
have no basis to even remain in Scouting.
I believe all the Council wants is to wait for the Supreme Court decision
BEFORE the Eagle Boards, and has petitioned the court for more expeditious
handling of the appeal. The council has complied with the lower court
ruling up to this point.
What makes this case less clear was that the lower court relied on another
decision (Curran I) which originally decided that another council was
subject to Unruh and had to allow a homosexual Eagle Scout to remain a
leader. That case was appealed and overturned (not by the CA Supreme Ct)
and Curran II held that Unruh did not apply. Randall was decided BETWEEN
the two Curran decisions and nobody is sure if Randall would have even won
initially had it not been decided until AFTER Curran II. Thus, the CA
Supreme Ct has agreed to hear both Randall and Curran to settle the issue.
Of course a discussion of what the decision SHOULD be could get rather hot,
and is NOT within the charter of this mailing list, I believe. However,
this matter is definitely being discussed in the newsgroup
So, in summary, I believe that the local council would like the final (at
least in CA, who knows if either side would appeal to the federal courts if
it lost) decision BEFORE it has to decide on whether to allow the Randall
twins to make Eagle.
Bruce E. Cobern
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City