Save the Jamboree at Fort A.P. Hill!

FDR at the first Jamboree in 1937 on the Capital Mall

The Legal Fight to Reverse
the Winkler Decision

In 2005, a federal court in Illinois sided with the ACLU and ruled that the Army’s support for the National Scout Jamboree, held once every four years at Fort A.P. Hill in Fredericksburg, Virginia, is unconstitutional.

The ACLU’s claim was that the Scout Oath’s “duty to God” makes the Boy Scouts a religious organization, like a church, and that military support for the Jamboree violates the Establishment Clause of the First Amendment.

If the ruling stands, the military cannot lend equipment, provide military exhibits and entertainment, or provide the campsites at Fort A.P. Hill. Oral arguments are now scheduled for Thursday, April 6th in the United States Court of Appeals for the Seventh Circuit in Chicago.

The Department of Defense has appealed this decision to the federal court of appeals, and the appeal will be heard April 6th in Winkler v. Rumsfeld, No. 05-3451 (7th Cir.). Boy Scouts, the Commonwealth of Virginia, Senator Warner and over 90 members of Congress, the American Civil Rights Union, the American Legion, and the Pacific Legal Foundation filed amicus, or “friend of the court,” briefs in support.

Boy Scouts believes that the decision will be reversed on appeal.

There is no more appropriate event for the military to support. The National Scout Jamboree has been a great civic tradition in this country since 1937. For ten days, 40,000 Scouts from all over the country camp together, earn merit badges, engage in sports, and learn about conservation, art, science and safety. The shows and exhibits are steeped with patriotic themes. Seven Presidents and even European royalty have attended. The Jamboree is also an open event, visited by an estimated 300,000 members of the public. The military’s logistical support also has been an invaluable training opportunity for the military to train for events like Hurricane Katrina.

Meanwhile, military support for civilian events is not unique. Military bases routinely hold circuses, carnivals and rock concerts which are open to the public; the military provides safety, security and logistical support for sporting events and political conventions; the military sends bands to perform at churches, community centers, and nursing homes across the country; and the Navy’s Blue Angels perform flyovers for NASCAR racing, truck and tractor pulls, and local parades across the country. There is simply no reason why a Boy Scouting event which is open to the public should be eliminated from the list of community events supported by the military.

Please read the various briefs attached below. We start with the appeal filed by the Department of Justice on behalf of the Secretary of Defense and then the six amicus briefs beginning with that of the Boy Scouts of America.

Each has important arguments to make.

Appellate Brief by the Department of Justice for the Secretary of Defense

Amicus Brief of the Boy Scouts of America

Amicus Brief of the Commonwealth of Virginia

Amicus Brief of the American Civil Rights Union

Amicus Brief of the Pacific Legal Foundation

Amicus Brief of the American Center for Law & Justice

Amicus Brief of the American Legion