Winkler V. Rumsfeld - Reaction

Reaction

Although not an actual litigant in the proceedings, the BSA welcomed the decision, saying:

Boy Scouts of America is pleased that the United States Court of Appeals for the Seventh Circuit dismissed the ACLU’s lawsuit against the Department of Defense for supporting the National Scout Jamboree. Boy Scouts of America is grateful also for the efforts of the Department of Justice in achieving this successful outcome.

For more than 25 years, Boy Scouts have held the national Scout jamboree every four years at Fort A.P. Hill near Fredericksburg, Virginia. Scouts from all over the country camp together for ten days and participate in activities emphasizing physical fitness, appreciation of the outdoors, and patriotism. Seven Presidents have attended the jamboree since President Franklin D. Roosevelt in 1937. The jamboree grounds at Fort A.P. Hill are open to the public, and an estimated 300,000 visitors attended in 2005 along with 43,000 Scouts and their leaders. The 2010 Jamboree will celebrate the 100th Anniversary of Boy Scouts of America.

The United States Congress has found that the military’s logistical support for the national Scout jamboree is an incomparable training opportunity for our armed forces. The jamboree requires the construction, maintenance, and disassembly of a "tent city" capable of supporting tens of thousands of people for a week or longer.

We are pleased that today’s ruling preserves the training opportunity for the military that Congress wanted it to have."

The ACLU considered seeking review by the Supreme Court of the United States. According to the ACLU:

The court did not reach the core constitutional issue of the Department of Defense's use of taxpayer funds. We continue to believe that government funding to support private activities which exclude persons on the basis of their beliefs is unconstitutional. Indeed, such religious tests are antithetical to basic American values -- values including fairness, respect for the religious liberty of all persons and neutrality in the use of government funds.

However, no such review was ever requested.

Much of the issue became moot when the BSA announced in May 2008 that it was looking for a different permanent location for the national Scout jamborees, beginning with the one scheduled for 2013. The move was due to reasons outside of the lawsuit, including a more favorable summer climate, the ability to host a world jamboree, and off-year use as a high adventure base, along with the reduced need for the DOD to use the jamboree as a training opportunity due to recent operations in the Middle East. A site was found in Fayette County, West Virginia on private land. The Summit Bechtel Family National Scout Reserve will host all future national Scout jamborees, as well as serving as the BSA's fourth high adventure base. However, future involvement of the military in supporting jamborees at The Summit is likely due to the recruiting and training opportunity it affords DOD.