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Essay / Research Paper Abstract
A 17 page research paper that examines the litigation that is ongoing between the ACLU and the Boy Scouts of America (BSA). The ACLU is continuously suing the BSA due to the fact that its policies discriminate against atheists and homosexuals. The writer offers a synopsis of relevant case law, discusses the parameters of current litigation and offers suppositions as to possible outcomes based on case law and application of the Lemon Test for compliance with the Establishment Clause of the Constitution. Bibliography lists 13 sources.
Page Count:
17 pages (~225 words per page)
File: D0_khbsa.rtf
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Unformatted sample text from the term paper:
can dictate behavior in regards to areas of society over which it has power, private organizations are still private and, therefore, can set their own rules. One such organization is
a staple of American life--the Boy Scouts of America (BSA). The BSA rigidly adheres to its identity as a Christian organization that represents traditional values, which means that the
BSA also prohibits men who are openly homosexual from its leadership. But while the BSA is a private organization, it frequently receives government funds, meets on government property and is
sponsored by various government organizations. Consequently, BSA has become a target for countless lawsuits that range from the parents of non-Christian children contesting their exclusion to the formidable opposition of
the American Civil Liberties Union (ACLU). The following examination of the BSAs litigation problems explores the case law that has been established; the legal parameters that apply (i.e., First
Amendment law and interpretation) and then draws conclusions about possible future action in regards to the BSA. However, before looking at these topics, it is instructive to examine background information
concerning Constitutional law and the intentions of the Founding Fathers concerning religion. The mixed American heritage In 1639, a group of New England Puritans drafted a constitution, in which
they affirmed their intention to found a Christian nation under God.1 Historian Frank Lambert refers to these men as the "Puritan fathers" and distinguishes them from the "Founding Fathers" who
came roughly a hundred and fifty years later. When George Washington took his oath of office, the Constitution that he swore to uphold made no reference to God or to
divine providence.2 The sole authority that the Constitution cites is "the people of the United States."3 Instead of establishing, a "Christian Commonwealth," as the Puritan fathers had envisioned, the Founding
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