Friday, May 07, 2010

Recent decision on Boy Scout case: was it a better to let the decision stand?

This week the Boy Scouts of America had an appeal turned away by the Supreme Court, and in the end it could have been a good thing for BSA overall.

A federal judge in 2003 ruled the Boy Scouts are a religious organization on the grounds they recognize a Supreme Being, or the Creator. As Robert Knight in the Washington Times puts it, by that reasoning, the Declaration of Independence is a religious document, not to mention the Constitution, which is dated "in the Year of Our Lord, one thousand, seven hundred and eighty-seven."

The next few years will prove pivotal for BSA: a number of cases may well affect how the organization will proceed in it's next 100 years.  SCOTUS's decision not to hear the Scouts' most recent case may be a good thing, as Justice Kennedy could have cast a very severe blow in the eyes of the media should he had ruled against them.   And as the media so rarely shows anything positive about BSA, and instead magnifies every blemish, it may well be better to let this battle lay, no matter how distasteful it is on First Amendment grounds.

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