According to Boy Scouts of America’s Charter “The purpose of this corporation shall be to promote . . . the ability of boys to do things for themselves and others, to train them in Scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues . . . .” 36 U.S.C. § 30902 (2003).

Girl Scouts of the United States of America operates under a similar Congressional charter for the benefit of girls. 36 U.S.C. § 80302 (2003).

The Cub Scout and Boy Scout programs were designed to meet the emotional, psychological, physical, and other needs of boys between the ages of 8 and 14. Boys in this age range seek out and enjoy group activities with other boys. The Cub Scout and Boy Scout programs were carefully developed with these considerations in mind.

Cases

● Schwenk v. Boy Scouts of America, 551 P.2d 465 (Or. 1976)
A girl who had been denied membership in a Cub Scout Pack sued Boy Scouts of America alleging that Boy Scouts violated Oregon law. The Oregon Supreme Court held that Oregon law did not apply to Scouting, as a private, noncommercial group.

● Quinnipiac Council v. Commission on Human Rights & Opportunities, 528 A.2d 352 (Conn. 1987)
A female volunteer leader sued a Boy Scout council alleging that the then policy of limited Scoutmaster positions to men violated the Connecticut public accommodations law. The Connecticut Supreme Court held that the public accommodations law did not apply to Scouting’s leadership positions because volunteering to serve youth was not a right protected under that law.

In 1988, Boy Scouts of America changed the policy and allowed women to be Scoutmasters.

● Mankes v. Boy Scouts of America, 137 F.R.D. 409 (S.D. Fla. 1991)
A girl who had been denied membership in a Cub Scout Pack sued Boy Scouts of America alleging a violation of state law. The federal District Court held that it lacked jurisdiction to hear the case, but noted, “The Boy Scouts’ goals to instill the ideals of leadership, self-confidence, and moral character are not new. These goals to ease transition of boys from youth to adulthood have remained constant, and were the basis for the Congressional charter as an organization for boys. It should be clear that the Court is not sending a message to plaintiff that she must settle for participation in Girl Scouts, but that there is nothing inherently discriminatory about the Boy Scouts’ goals. The Boy Scouts did not, in creating its organization to help develop the moral character of young boys, intentionally set out to discriminate against girls.” 137 F.R.D. at 411.

● Department of Human Rights v. Boy Scouts of America, No. MX 92-07717 (Minn. Dist. Ct. Aug. 6, 1992)
The Minnesota Human Rights Commission sought an injunction on behalf of a girl who had been denied membership in a Boy Scout Troop. The Hennepin County District Court denied the request for a temporary injunction. “To hold that the Minnesota Human Rights Act compels the Boy Scouts of America to admit girls as members would violate both the Minnesota and United States Constitutions’ freedom of association provisions.” In light of Congress granting separate charters to Boy Scouts of America and Girl Scouts U.S.A. within a few years of each other, “if Congress would have intended that girls be allowed in the Boy Scouts and vice versa, it would have chartered one organization, i.e., Scouts of America.” Furthermore, the court concluded that Boy Scouts are not covered by the Minnesota Human Rights Act.

● Yeaw v. Boy Scouts of America, 55 Cal. App. 4th 607, 64 Cal. Rptr. 2d 85 (Cal. Ct. App. 1997), review dismissed, 960 P.2d 509 (Cal. 1998)
A girl who was denied membership in a Boy Scout Troop sought to enjoin Boy Scouts from denying her membership. The Sacramento Superior Court denied her request for an injunction, and the Court of Appeal affirmed. “One of the principal units through which the Boy Scouts accomplishes its goals is the Patrol. Every boy is, first and foremost, part of a Patrol, a group of three-to-eight boys within a Troop. Each Patrol has its own name, its own badge, its own meetings, its own elected leaders and its own sense of identity. The members lead, plan and organize their own activities, thereby gaining skills in leadership, planning and cooperation. The Patrol becomes a close knit group of boys who have learned to provide for each other’s personal needs.”