Re: The Right to Exclude

Ian Goddard (Ian@Goddard.net)
Sat, 14 Aug 1999 16:10:51 -0400

Subsequent to my last-forwarded article I've been persuaded that the Boy Scouts of America is not a truly private organization, and as such, the BSA does NOT properly have the right to exclude.

This article is quite persuasive in making the case
(http://www.infidels.org/org/aha/religion/bsa.html)
that the BSA is not a truly private organization. In 1916 the BSA received a Congressional charter
(http://www4.law.cornell.edu/uscode/36/ch2.html)
which superceded the incorporation of the BSA in 1910. Congress specifically defined the purposes of the BSA. The article initially cited states:

The House Judiciary Committee, reporting on the bill to charter the BSA, cited the public services rendered by Scouts, including service in floods, war-bond collection, and as "an auxiliary force in the maintenance of public order."

Which defines the BSA as an auxiliary governmental agency. In fact, BSA "Explorer Scout" units assist police departments and an array of Federal agencies. I would dare to posit that the BSA was created with the intent of preparing boys for war-time skills.

The BSA must do one of the following: (a) renounce its Congressional charter and government connections, or (b) stop excluding homosexuals and atheists.



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