Cite as: 530 U. S. 640 (2000)
Stevens, J., dissenting
Scouts' Law and Oath expresses any position whatsoever on sexual matters.
BSA's published guidance on that topic underscores this point. Scouts, for example, are directed to receive their sex education at home or in school, but not from the organization: "Your parents or guardian or a sex education teacher should give you the facts about sex that you must know." Boy Scout Handbook (1992) (reprinted in App. 211). To be sure, Scouts are not forbidden from asking their Scoutmaster about issues of a sexual nature, but Scoutmasters are, literally, the last person Scouts are encouraged to ask: "If you have questions about growing up, about relationships, sex, or making good decisions, ask. Talk with your parents, religious leaders, teachers, or Scoutmaster." Ibid. Moreover, Scoutmasters are specifically directed to steer curious adolescents to other sources of information:
"If Scouts ask for information regarding . . . sexual activity, answer honestly and factually, but stay within your realm of expertise and comfort. If a Scout has serious concerns that you cannot answer, refer him to his family, religious leader, doctor, or other professional." Scout-master Handbook (1990) (reprinted in App. 264).
More specifically, BSA has set forth a number of rules for Scoutmasters when these types of issues come up:
"You may have boys asking you for information or advice about sexual matters. . . . "How should you handle such matters? "Rule number 1: You do not undertake to instruct Scouts, in any formalized manner, in the subject of sex and family life. The reasons are that it is not construed to be Scouting's proper area, and that you are probably not well qualified to do this. "Rule number 2: If Scouts come to you to ask questions or to seek advice, you would give it within your compe-
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