The National Executive
Board of Boy Scouts of America (BSA) voted this week to end their prior ban on
homosexual troop leaders. Churches and
religious organizations who continue to host BSA units are at increased legal
risk even though the BSA is offering assurances that their new policy poses no
risk.
The
U.S. Supreme Court’s (SCOTUS) recent Obergefell v. Hodges decision … declaring
same-sex ‘marriage’ a “fundamental right” and homosexuality an “immutable”
characteristic … changes the legal landscape.
This decision … coupled with the BSA’s new membership policy changes … place
the religious liberties of churches at even greater risk for legal attack and
litigation.
The
dissenting justices on the High Court gave clear warnings that:
·
“…
people of faith can take no comfort in the treatment they receive from the
majority today.” (Justice Roberts);
·
“…
has potentially ruinous consequences for religious liberty.” (Justice Thomas);
and
·
“…
will be used to vilify Americans who are unwilling to assent to the new
orthodoxy.” (Justice Alito).
Public
accommodation laws and non-discrimination laws are about to become major
challenges as a result of the SCOTUS’ rulings.
Attorney Richard Mathews (who served as Legal Counsel to the BSA for
11-years and National General Counsel for 3-years) says, “While the BSA may be
well-meaning in its intent to create a local troop option for membership
standards for churches, this decision will be unsustainable over time given the
hostile nature of the courts and their “evolution” on issues related to gay
rights and human sexuality. Some courts
have already declared the BSA to be a public accommodation, and such rulings
are likely to increase. This could have
a direct effect upon churches chartering troops in those jurisdictions if they
were to face litigation over revoking the membership of the homosexual member
who wears his uniform in the Gay Pride Parade, an adult who publicly marries
his same-sex partner, or to the girl who believes she is actually a male.”
Matthews
goes on to say, “Pastors and priests must also realize that the new local troop
option only applies to adult members. Churches
are still prohibited from denying any openly homosexual youth ‘membership in
the Boy Scouts of America on the basis of sexual orientation or preference.’ ”
The
new BSA resolution clearly affirms that homosexual acts can be “moral, honorable,
committed, and respectful.” This opinion
is wholly incompatible with historic Christian theology and ethics and will
make it even more challenging for a church to integrate a BSA unit as part of a
church’s youth ministry offerings. [The
BSA will no doubt have to modify its oath where it reads – “morally straight” …
no pun intended.]
For
me (personally), all my life I’ve sat on the three-legged stool of Church,
Scouting, and the military. I was well
invested in each of these mainstay institutions of our society. But in the past 5-years, two of those legs
have been kicked out from under me via the progressive gay activists in the
armed forces and in this character developing youth program. All that remains to be conquered is the
Church … within which many have already capitulated. God help us!
Rev.
Dr. Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel