Here’s a fascinating case from 1974 about a purported homosexual sea scout skipper and the BSA’s allowed expiration of his credentials and the unit’s charter.
You see, in 1974 even a Philadelphia judge could embrace reality that today would end with him afraid to walk the streets of the City of Brotherly Luvs.
Despite his counsel’s vigorous assertions, there is no doctrine of law which could require a responsible organization like the Boy Scouts to accept individuals in leadership roles who have questionable character even though the Boy Scouts could not establish a prior conviction or produce proof beyond a reasonable doubt. The future of its youth is a nation’s most precious asset; yet by definition the young are frail, vulnerable and malleable. Their future strength may well be dependent upon whether they are exposed to positive leadership or abusive exploitation. Even liberal spirits would not confuse the different milieus of a criminal case and the prerequisite proof associated therewith with the educational setting of a private organization such as the Boy Scouts of America. I am not unaware of some of the classic civil rights cases mentioned by defendant’s counsel at oral argument. Yet I do not find that those civil rights cases assuring blacks equal options have any precedential value in establishing for a purported homosexual any constitutional right to run a Boy Scout Troop. Bluntly, blackness and homosexuality are not the same phenomenon.