Welsh v. Boy Scouts of America
Encyclopedia
Welsh v. Boy Scouts of America, 993 F. 2d 1267
(7th Cir. 1993), was a decision by the United States Court of Appeals for the Seventh Circuit
that upheld the right of private organizations to discriminate on the basis of religion when establishing their own membership standards.
In 1989, six year old Mark Welsh, after receiving a flyer advertising membership, attempted to sign up for Tiger Cubs, the Boy Scouts of America
's Scouting program for six- and seven-year olds. To become a member of the Tiger Cubs, each child must have an "Adult Partner", typically a parent, who also becomes a member of the organization. Mark's father, Elliott Welsh, an agnostic, informed a BSA official that he did not want to sign the "Declaration of Religious Principles" section of the adult application. The Boy Scouts of America, therefore, denied Mr. Welsh membership, thereby also denying Mark membership. One year later, when Mark had reached the age of eligibility for Cub Scouts (who do not require Adult partners), he was still denied admission into the Scouting organization as he refused to repeat the phrase "to do my duty to God and my country" in the Cub Scout Promise.
The Welshes sued in 1990, alleging that the defendant organization was a place of public accommodation practicing unlawful religious discrimination under Title II of the Civil Rights Act of 1964
.
A panel of U.S. District Court judges, Diane Pamela Wood
, John Louis Coffey
and Walter J. Cummings, Jr.
heard the case. On May 17, 1993, the Court ruled against the Welshes in a 2 to 1 decision delivered by Judge Coffey, holding that Boy Scouts of America did not qualify as a place of public accommodation under Title II because it is not an "establishment" that "serves the public," and that the Boy Scouts does not constitute a "place of exhibition or entertainment" in the sense Congress envisioned when drafting Title II. The majority's opinion was based purely on the statute and did not reach the Constitutional question.
Judge Cummings dissented arguing that because the Americans with Disabilities Act of 1990
, expanded the number of establishments in its definition of "places of public accommodation," this court should had expanded Title II to include membership organizations. Judge Cummings explained, "My inclination would have been to hold that the Scouts could exclude atheists under a line of freedom of association
decisions suggesting that individuals may form groups in the pursuit of political, social, economic, educational, religious and cultural ends."
In 1993, the U.S. Court of Appeals upheld the ruling, and the U.S. Supreme Court declined to hear the case.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(7th Cir. 1993), was a decision by the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
that upheld the right of private organizations to discriminate on the basis of religion when establishing their own membership standards.
In 1989, six year old Mark Welsh, after receiving a flyer advertising membership, attempted to sign up for Tiger Cubs, the Boy Scouts of America
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
's Scouting program for six- and seven-year olds. To become a member of the Tiger Cubs, each child must have an "Adult Partner", typically a parent, who also becomes a member of the organization. Mark's father, Elliott Welsh, an agnostic, informed a BSA official that he did not want to sign the "Declaration of Religious Principles" section of the adult application. The Boy Scouts of America, therefore, denied Mr. Welsh membership, thereby also denying Mark membership. One year later, when Mark had reached the age of eligibility for Cub Scouts (who do not require Adult partners), he was still denied admission into the Scouting organization as he refused to repeat the phrase "to do my duty to God and my country" in the Cub Scout Promise.
The Welshes sued in 1990, alleging that the defendant organization was a place of public accommodation practicing unlawful religious discrimination under Title II of the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
.
A panel of U.S. District Court judges, Diane Pamela Wood
Diane Pamela Wood
Diane Pamela Wood is a federal judge on the United States Court of Appeals for the Seventh Circuit, and a Senior Lecturer at the University of Chicago Law School....
, John Louis Coffey
John Louis Coffey
John Louis Coffey is a United States federal judge.Born in Milwaukee, Wisconsin, Coffey received a B.A. from Marquette University in 1943 and was in the United States Navy during World War II, from 1943 to 1946. He received a LL.D. from Marquette University Law School in 1948. He was an Assistant...
and Walter J. Cummings, Jr.
Walter J. Cummings, Jr.
Walter Joseph Cummings Jr. was a United States Solicitor General and a federal judge.Cummings was born in Chicago, Illinois to Lillian Garvy Cummings and Walter J. Cummings, Sr...
heard the case. On May 17, 1993, the Court ruled against the Welshes in a 2 to 1 decision delivered by Judge Coffey, holding that Boy Scouts of America did not qualify as a place of public accommodation under Title II because it is not an "establishment" that "serves the public," and that the Boy Scouts does not constitute a "place of exhibition or entertainment" in the sense Congress envisioned when drafting Title II. The majority's opinion was based purely on the statute and did not reach the Constitutional question.
Judge Cummings dissented arguing that because the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
, expanded the number of establishments in its definition of "places of public accommodation," this court should had expanded Title II to include membership organizations. Judge Cummings explained, "My inclination would have been to hold that the Scouts could exclude atheists under a line of freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
decisions suggesting that individuals may form groups in the pursuit of political, social, economic, educational, religious and cultural ends."
In 1993, the U.S. Court of Appeals upheld the ruling, and the U.S. Supreme Court declined to hear the case.
External links
- Full text of the Seventh Circuit Court of Appeal's decision (.pdf)
- Summary of the Case at a site critical of the Boy Scouts of America's policies.
- Boy Scouts of America's discussion of the Welsh case.