Las month, I posted about the city of Philadelphia threatening to evict the local chapter of the Boy Scouts of America from the building they have used since 1928. The city wanted the local council to renounce the national policy against gays serving as scoutmasters. The local was caught between a rock and a hard place. Or a rock and no place at all, if you prefer. Well, the city has gone ahead and evicted the Scouts from their building.
Municipal officials said the clash stemmed from a duty to defend civil rights and an obligation to abide by a local law that bars taxpayer support for any group that discriminates. Boy Scout officials said it was about preserving their culture, protecting the right of private organizations to remain exclusive and defending traditions like requiring members to swear an oath of duty to God and prohibiting membership by anyone who is openly homosexual.
This week the Boy Scouts made their last stand and lost.
“At the end of the day, you can not be in a city-owned facility being subsidized by the taxpayers and not have language in your lease that talks about nondiscrimination,” said City Councilman Darrell L. Clarke, who represents the district where the building is located. “Negotiations are over.”
Mr. Clarke said talks ended this week when the deadline passed for the local chapter to change its policy; on June 1 the group will be evicted.
“Since we were founded, we believe that open homosexuality would be inconsistent with the values that we want to communicate with our leaders,” said Gregg Shields, national spokesman for the Boy Scouts. “A belief in God is also mentioned in the Scout oath. We believe that those values are important. Tradition is important. Our mission is to instill those values in scouts and help them make good choices over their lifetimes.”
In 2000, the Supreme Court decided a case — Boy Scouts of America v. Dale — involving an openly gay scout from New Jersey who was barred from serving as troop leader. The court ruled in a 5-to-4 decision that, as a private organization, the group had a First Amendment right to set its membership rules.
One thing that might yet complicate things is that while the city does, indeed, own the land, the building itself was built and paid for by the Scouts. From a cost standpoint, the impact of the city's demand for $200,000 annual rent would result in some big negative impact on local programs:
Jeff Jubelirer, a spokesman for the local chapter, said it could not afford $200,000 a year in rent, and that such a price would require it to cut summer-camp funds for 800 needy children.
“With an epidemic of gun violence taking the lives of children almost daily in this city, it’s ironic that this administration chose to destroy programming that services thousands of children in the city,” Mr. Jubelirer said. He added that the organization serves more than 69,000 young people, mostly from the inner city, and that its programming focuses on mentoring and after-school programs instead of camping trips.
Regardless of whether the Scouts relocate or not, the city of Philadelphia will have done damage to much-needed programs that serve inner city youth. This was, as I pointed out last month, a needless fight that serves no good purpose. With a skyrocketing murder rate, the last thing Philadelphia needs is fewer programs that may divert boys from crime.
But the children come last in Philadelphia.