Winkler v. Rumsfeld

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Winkler v. Rumsfeld is an on-going case regarding the United States Armed Forces and their support of the Boy Scouts of America's national Scout jamborees.

Every four years, the Boy Scouts of America holds a national Scout jamboree, where for ten days, about 30,000 scouts camp out and participate in a wide variety of activities. Currently, the US Department of Defense is the official host of the jamboree. Since 1981, the jamboree has been held at Fort A.P. Hill, a US Army base in Virginia. The US Government spends an average of $2 million a year towards hosting of the jamboree.

The Boy Scouts of America has always required all Scouts to agree to the Scout Oath which includes the phrase "To do my Duty to God". There have been several high profile cases in which atheists and agnostics were expelled from the organization for failing to agree to the Scout Oath.

Based on this, Winkler and the other plaintiffs (aided by the American Civil Liberties Union) have sued, arguing that the Department of Defense's hosting of the jamboree of a private, religious organization violates the First Amendment, which prohibits Congress from establishing a religion.

In 2005, a U.S. District Court agreed. It ruled that the Army's support for the national Scout jamboree is unconstitutional. The judgement is being appealed.

The case arose out of Winkler v. Chicago School Reform Board of Trustees, in which the plaintiffs sued the U.S. government and the city of Chicago.

[edit] Background information

The national Scout jamboree is a large gathering of Scouts held once every four years. Historically, jamborees were held in state and national parks like other groups' gatherings, but mutual concerns by BSA and the government over the environmental impact of 35,000 Scouts camping in heavily used public places led to a 1978 agreement to use infrequently used military facilities instead. The United States military uses the jamboree as a large scale training exercise for engineer, military police, and medical units. In addition, the military supports the jamboree through many different public relations and civilian support functions as well, as well as by teaching merit badges. While only registered Scouts and Scouters are allowed to camp at the jamboree, the exhibits and shows are open for the general public to visit.

Since 1981, the U.S. Army has allowed BSA to use Fort A.P. Hill in Virginia as the home of the national Scout jamboree, as authorized by Congress in 1972 through 10 U.S.C. 2554. As part of the 1978 agreement, BSA paid for capital improvements at Fort A.P. Hill (water lines, road improvements, amphitheater, etc.) that are used by both the jamboree and military encampments. BSA uses the facility for four weeks once every four years and it is available to the military and other members of the public for the rest of the time. The U.S. military regards the national Scout jamboree as beneficial for public relations and recruitment, and is a unique training opportunity, particularly in testing operations needed to support large scale military encampments or refugee tent cities.

The U.S. military has supported all 16 national Scout jamborees since 1937. Most of the approximately $50 million dollar jamboree expense is paid for by BSA and its participants. About 1,500 troops and DOD contractors are involved during the four weeks of a national jamboree operation. About half of them are involved in military training operations and half are involved in military public relations activities oriented towards the participants and visitors. Total Defense Department funding for these training and public relations activities averages $8 million per jamboree. According to the government, "these funds were used to pay not only for services provided in support of the event itself, but also for the costs of transporting and billeting the population of soldiers brought to Fort A.P. Hill to perform services during the event."^[1]

The BSA requires its members to promise to do their "duty to God", which excludes atheists from participating in jamborees as Scouts, but not as visitors. This policy has caused controversy and the federal government has been sued by people who claim that direct support of the BSA (such as funding or sponsoring Scouting units) violates the separation of church and state.

A U.S. District Court Judge ruled in June 2005 that federal funding for the national Scout jamboree is unconstitutional because "the Boy Scouts are a religious organization, requiring Scouts to affirm a belief in God."[1] The U.S. Department of Justice has appealed the ruling on behalf of the Secretary of Defense, arguing that the military’s support for the jamboree does not violate the separation of church and state on the grounds that BSA is not a religious organization, that the plaintiffs had no legal standing to bring the suit in the first place, and that visiting the Jamboree is open to the general public. (Summary) (DOJ Brief) However, if the appeal is unsuccessful, the military will not be able to assist future jamborees, including providing campsites at Fort A.P. Hill.[2]

After the June, 2005 Federal District Court Judge's ruling, Congress enacted and the President signed The Support Our Scouts Act of 2005, on December 30, 2005, to indicate their desire for continued Defense Department support of the jamboree.