Does the BSA discriminate?

[acco40]

First, this is not a "right or wrong" question. I know that the supreme court has determined that the BSA is a private organization and as such has the right of "free association."

 

Here is my dilemma. A storage company allows certain non-profit organizations to be eligible for free storage if they meet certain criteria. We are investigating using that facility to store our troop trailer. One of the critera is that the organization does not discriminate on the basis of race, religion, creed, age, sex, national origin or disability. Now I know that the BSA has age restrictions, sex restrictions, religious requirements, etc. But in the eyes of the legal system, does the BSA discriminate on religion, age, sex, etc.?

 

Again, I don't want to get into if they should or should not, if they have the right to or not, just if I can in all honesty state that they do not discriminate or not.

[OldGreyEagle]

"One of the critera is that the organization does not discriminate on the basis of race, religion, creed, age, sex, national origin or disability."

 

The BSA does not discriminate on the above listed items, then gain, its only my opinion. Whats missing is the phrase "sexual orientation" if that was present then the BSA would qualify as a discriminating organization

[Fat Old Guy]

I'd check to see if any Girl Scout units are getting free storage.

 

BSA does not discriminate on the basis of sex, as long as you have one you can be a member. There are men, women, boys and girls in BSA.

 

BSA does not discriminate on the basis of religion, as with sex, as long as you have one, you are welcome.

[LovetoCamp]

"One of the critera is that the organization does not discriminate on the basis of race, religion, creed, age, sex, national origin or disability."

 

race, no problem. religion, what religion isn't welcome?. creed, nope. age, 6 to 106, no problem there. sex, male or female, past 14 we're co-ed. national origin or disibility, you're looking good.

 

 

[LovetoCamp]

Now if FOG and I have three stars each, do we trump OGE's 5? If someone read our two messages would it then become more important than what OGE wrote? Riddle me that?

[SR540Beaver]

Acco,

 

I can't imagine that they would turn you down. They as a business do not descriminate based on those things towards customers. Remember the old days when blacks had to sit in the back of the bus or couldn't swim in the public pool. I think their policy is that all paying customers are welcome and won't be turned down. I would have a hard time believing that they are going to question customers or non-profits as to their leanings before providing them a service. I imagine any questioning of a non-profit is to make sure that their generosity isn't being taken advantage of I could be wrong.

[Twocubdad]

Here's the practical answer: it's not your call to make. Don't worry about it.

 

I'd apply to use the space and let the chips fall where they will. If someone at the storage company feels BSA discrimates, it is up to them to turn you down. Thank them for their time and move on.

[EagleInKY]

2CD - You da man. I was searching for the right way to say it when I saw your post.

[Hunt]

I have to disagree. BSA clearly discriminates on the basis of religion. If you don't share the religious views of BSA (i.e., there is a God, of some kind), you can't belong. I happen to agree with this position of BSA, so this isn't a criticism, just a description. Thus, I don't think a scout troop is eligible for the storage company's free offer. (But...you could ask if they provide the benefit to religious organizations, like churches--if they do, then you could accept it too, it seems to me.)

[rlculver415]

I just gotta bite on this one ---

 

If there is no belief in a god of some sort, there is no religion. There is only opinion. Religion is the "ritual observance of faith" (credit Webster's dictionary). The storage company doesn't ask about differences of opinion.

 

acco40, I'd say you're clear to go.

[Bob White]

Does the BSA discriminate? Yes, they do, but then everyone discriminates. Anytime you make a choice you discriminate. The question is does the BSA discriminate illegally? No, they do not, according to the highest court in our land.

 

The BSA does not illegally discriminate based on any of the categories you listed. But that doesn't mean that the business owner will agree.

[acco40]

Everyone, it's not that I don't value your opinion, but I was curious if anyone knows the legal opinion on this matter. My guess is that it is a slam dunk that the BSA does discriminate on the basis of creed (they do require a basic belief or fundamental principle - the very definition of creed) and if the legal beagles are in agreement with that, I really don't want to pursue the matter further. I dont' feel it would be honest.

 

BW, what does "illegally discriminate" mean? I'm not trying to be antagonistic. I know I can discriminate legally (I choose not to date males, practice Judaism, etc.) but those are all legal. I know in my place of business, I can't specifically ask a job candidate his/her age as that is construed to be illegal. I do know that a grocery store may not choose to serve whites ONLY or blacks ONLY as that is deemed to be illegal. I know that in getting a security clearance, national origin may be taken into account. However, if the local Piggly-Wiggly wanted to donate free food to ONLY a certain race that was below the poverty level, would our courts see that as illegal? I really don't know. If the storage company only wanted to know if the organization did not discriminate illegally, wouldn't they state that or do you feel that is implied in their eligibility requirements?

 

And FOG, get off your Girl Scout knocking. It is not very becoming. Two wrongs don't make a right. Everyone, thanks for the feedback.(This message has been edited by acco40)

[zippie2223]

It does not say anything about decimation on NON-religious basis. Religion and lack of religion are two different things. As rlculver415 said, no religion = Only opinion.

[Bob White]

If you are using the definition of creed as 'an authoritative formula or religious belief' then no, the BSA does not discriminate based on creed.

 

What does "illegally discriminate" mean? I thought you defined it very well. To discriminate is to perceive differences between subjects or to base decisions on perceived differences. When you tell hot from cold you discriminate. When you choose the flavor of one soft drink over another you discriminate. Both are legal to do. When you make a hiring decision based on race you discriminate but the law has determined that to do so is illegal. When the BSA limits its membership to exclude atheists it is discrimination, but the law has determined it to be legal.

 

(This message has been edited by Bob White)

[Merlyn_LeRoy]

Bob Whites writes:

If you are using the definition of creed as 'an authoritative formula or religious belief' then no, the BSA does not discriminate based on creed.

 

Of course it does; if you don't hold the creed "god exists", you can't join.

 

The BSA discriminates on the basis of religion, creed, age, and sex.

 

The BSA is currently losing the Balboa park lease because of its religious discrimination. I don't know of any court decision that has said the BSA does NOT discriminate on the basis of religion.