EXCLUSIVE: Federal Judge Defends Ban on CA Judges Volunteering for Boy Scouts

The Boy Scouts appeared successfully to have “split the baby” when they changed Boy Scout policy to allow open and avowed homosexuality on the part of their youth members but still disallow it among adult leaders.

However, the opprobrium began almost immediately. Disney World announced none of its 66,000 employees could use official volunteer time to work for the Scouts. Major corporations announced a cutting of funds to Boy Scouts.

Now it looks like the state court system in California will ban state judges from volunteering for the Scouts. Having first tried and failed at such a ban in 2003, the ethics committee of the State Supreme Court has unanimously recommended a total ban on state judges volunteering for the Scouts.

Forty-seven states ban judges from belonging to groups that discriminate, with 22 of those banning membership in groups that discriminate based on sexual orientation. California alone had carved out a loophole for “non-profit youth groups” with a view to allowing judges to work with their sons' Scout troops. Judges who remained Scout volunteers were required to report their membership. However, even that loophole is about to close.

A federal judge from California, speaking on condition of anonymity, told Breitbart News:

Besides the obvious political message of the proposal, there is a deeper one. As it stands now, an out gay judge would not be allowed by the Boy Scouts of America to be an adult leader. A private country club that does not let Jews, Catholics, or African Americans into their club obviously chooses to discriminate, and they are in their rights to do so, as long as they are not subsidized by public funds. But, judges cannot join these organizations, and they shouldn’t. It’s the appearance of bias that is the problem.

I'd truly like to meet one currently sitting state or federal judge in California, who, knowing that another one of their members could not serve because of their sexual orientation, would join the organization or continue to serve as a leader. Whether the California Supreme Court adopts the recommendations of the Committee or not, this serves to identify the issue to all California state and federal judges that some of their members are not allowed to serve as leaders of the Boy Scouts of America. I simply don't know of any that would serve if this is pointed out to them.

One person close to the Boy Scout decision last year – a decision that roiled the Scouts and, according to Rasmussen has caused public support for the Scouts to dip, and that also led to the creation of a new group called Trail Life that continues the ban on out and proud boys and men – told Breitbart News the Scouts wanted to go the whole way a year ago but knew they couldn’t get away with it. 

She said, “They were a little like that rabbit begging not to be thrown into the briar patch, knowing full well that was where he could get away from his tormentors. They knew this was coming, and they wanted it to come precisely so they could cave in on this, too.”

Public comment on the new rules closed a few days ago, and a final decision is expected soon.


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