The Minneapolis Public Schools have complied with a
federal mandate in the No Child Left Behind Act which
requires distribution of Boy Scout materials despite
the Boy Scouts being in violation of the
nondiscrimination policy of the school district which
every other organization which can send materials home
with students must meet.

The threat of loss of federal funding would be a high
bar to jump.

The federal policy appears to clearly deny the school
district's capacity to provide equal protection by
undermining the "religion" and "sexual orientation"
clauses of the school districts' nondiscrimination
policy.

The boy scouts do not only discriminate against adult
gay, lesbian, and bisexual volunteers but also
actively discriminate against youth involved in the
boy scouts who are gay, bisexual or questioning their
sexual orientation not to mention discrimination
against young people from glbtiq headed families.

When I worked with sexual minority youth in Michigan,
there was a young man who was an eagle scout who was
interrogated by local scout leadership about his
sexual orientation for about three hours after which
they scout leadership outed him to his parents and
stripped him of his eagle scout status simply because
he admitted that he was gay.

I'm curious if there are local students, parents,
taxpayers, or others who would be interested in filing
suit or supporting a suit to overturn this federal
mandate which doesn't allow our community to take a
stand against such invidious discrimination.  I am
also curious as to whether their is legal counsel in
our community who would be willing to take on such a
suit pro bono.

On a related note, it is disappointing that our local
United Way is one of the few large United Ways in the
country to sell out the principals of it's own
nondiscirmination clause by continuing to fund the boy
scouts.  The United Way in the conservative community
I used to work in in Michigan bravely stood opposed to
such discrimination and ceased funding the boy scouts
years ago.

We need to hold our community institutions such as the
United Way to their pronounced principals of
nondiscrimination and be willing to challenge our
federal governments bolstering of discriminatory
policies in the boy scouts and military.

Kudos to William Mitchell Law School in St. Paul for
being one of the few in the country to continue to bar
military recruiters on the basis of the military being
in violation of William Mitchell Law Schools
nondiscimination policy.  It says alot that they not
only remain party to the case challenging the law
requiring them to allow military recruiters in
violation of their nondiscrimination policy but are
willing to forego some federal moneys and contracts to
support their principals when many others(such as
Harvard) have caved while the issue continues to wind
it's way through the courts.


David Strand
Loring Park

-------------------------------------------------
http://www.washblade.com/thelatest/thelatest.cfm?blog_id=3375
Boy Scouts allowed to distribute info at Minneapolis
schools
Federal mandate causes district to reverse
gay-supportive policy
MINNEAPOLIS (AP) | Nov 6, 11:36 AM 

Complying with a federal mandate in the No Child Left
Behind Act, the Minneapolis school district once again
is allowing Boy Scout recruiting materials to be sent
home with students. 

The mandate obliges schools to give Boy Scouts the
same access to schools as other community groups or
lose federal aid. It overturns the Minneapolis school
district's ban prohibiting scouts from distributing
recruitment materials in schools. 

The ban, enacted in 2000, was brought about by
opposition to the Boy Scout's decision to prohibit
openly gay men from being scout leaders. 

This fall, Minneapolis scouting leaders reported a
jump in new scout registrations. The Metro Lakes
District, which includes Minneapolis, Richfield and
St. Anthony, reported a 108 percent increase. 

Access to boys through schools has helped. 

"It's very important. It's very hard to reach boys
otherwise. They don't get all together in one place,"
said Renee Gutierrez-Wells, who led the district's
recruitment campaign. 

But in David Perry's classroom at Folwell Middle
School, scouting material hasn't made a reappearance.
When Perry, a teacher active in a national
organization that is working to open scouting for gays
and atheists, found a stack of recruiting fliers in
his mailbox, he quietly decided not to distribute
them. 

Perry offers a simple excuse: "We were not told we had
to pass them out." 

Lauri Appelbaum, coordinator of the district's program
for gay, lesbian, bisexual and transgender students
and adults, said she learned of the change from
inquiring principals. 

"I think it's really unfortunate that the federal
government felt a need to take away local control from
school boards," Appelbaum said. 

In 2002, Boy Scouts of America adopted a resolution
declaring "that homosexual conduct is inconsistent
with the values espoused in the scout oath and law"
and those "values cannot be subject to local option."
The U.S. Supreme Court upheld the group's right as a
private organization to bar openly gay men from
becoming scout leaders.



        
                
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