Boy Scouts of America v. Dale, 530 U.S. 640, 32 (2000)

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Cite as: 530 U. S. 640 (2000)

Stevens, J., dissenting

theless adopts a single particular religious or moral philosophy when it comes to sexual orientation. This is especially so in light of the fact that Scouts are advised to seek guidance on sexual matters from their religious leaders (and Scoutmasters are told to refer Scouts to them); 4 BSA surely is aware that some religions do not teach that homosexuality is wrong.

II

The Court seeks to fill the void by pointing to a statement of "policies and procedures relating to homosexuality and Scouting," App. 453, signed by BSA's President and Chief Scout Executive in 1978 and addressed to the members of the Executive Committee of the national organization. Ante, at 651-652. The letter says that the BSA does "not believe that homosexuality and leadership in Scouting are appropriate." App. 454. But when the entire 1978 letter is read, BSA's position is far more equivocal:

"4. Q. May an individual who openly declares himself to be a homosexual be employed by the Boy Scouts of America as a professional or non-professional?

"A. Boy Scouts of America does not knowingly employ homosexuals as professionals or non-professionals. We are unaware of any present laws which would prohibit this policy.

Amicus Curiae 3 (describing views of the United Methodist Church, the Episcopal Church, the Religious Action Center of Reform Judaism, the United Church Board for Homeland Ministries, and the Unitarian Universalist Association, all of whom reject discrimination on the basis of sexual orientation).

4 See supra, at 667 ("Be . . . faithful in your religious beliefs"); supra, at 668, n. 2 ("by following . . . the example of . . . your clergyman"); supra, at 669 ("If you have questions about . . . sex, . . . [t]alk with your . . . religious leade[r]"); ibid. ("If Scouts ask for information regarding . . . sexual activity . . . refer him to his . . . religious leader"); supra, at 670 ("You should refer boys with sexual problems to [their] spiritual leader").

671

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