[Congressional Record Volume 146, Number 107 (Wednesday, September 13, 2000)]
[Extensions of Remarks]
[Page E1463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       REPEAL OF THE FEDERAL CHARTER OF THE BOY SCOUTS OF AMERICA

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                        HON. BENJAMIN L. CARDIN

                              of maryland

                    in the house of representatives

                     Wednesday, September 13, 2000

  Mr. CARDIN. Mr. Speaker, the House of Representatives recently voted 
on H.R. 4892, a bill to repeal the federal charter of the Boy Scouts of 
America. I voted against the bill, and would like to take this 
opportunity to explain my reasons.
  My vote against this legislation should not in any way be interpreted 
as a weakeming in my support for banning discrimination on the basis of 
sexual orientation. I deplore discrimination on the basis of sexual 
orientation. I will continue to work to meaningfully expand our 
nation's civil rights protections for gays and lesbians.
  At the same time, I share the concerns raised by others about the 
policy of discrimination that gave rise to the Supreme Court case in 
Boy Scouts of America versus Dale. Certainly we all recognize the high 
regard the Boy Scouts of America are held in by millions of Americans. 
The organization has played a positive role in the lives of millions of 
young Americans.
  In June, a sharply divided Supreme Court held that applying New 
Jersey's public accommodations law to require the Boy Scouts to admit a 
homosexual member violates the Boy Scouts' First Amendment right of 
expressive association. As a practical matter, therefore, the Boy 
Scouts will be permitted to exclude citizens from participating in 
their organization solely on the basis of their sexual orientation. I 
regret the Supreme Court's decision.
  Unfortunately, a Congressional review of the federal charter given to 
the Boy Scouts, and the process the Republican leadership has employed 
in bringing this bill to the House floor, is not the appropriate venue 
to address this issue. I am disappointed that the Judiciary Committee 
did not fulfill its responsibility to hold hearings on this 
legislation. I strongly believe that the Republican leadership has not 
properly reviewed the underlying legal and constitutional issues at 
stake in this bill, and I regret that the bill has been brought up 
under the suspension of the rules. Under this procedure, members have 
no opportunity to ask questions or offer amendments. Rather than 
considering legislation to revoke the federal charter of the Boy 
Scouts--which in and of itself will do nothing to protect our society 
from discrimination--this Congress should be considering substantive 
legislation to strengthen anti-discrimination laws based on one's 
sexual preference.
  I also believe that Congress should conduct a comprehensive review of 
its system of granting charters to private organizations. As you know, 
Congress has chartered roughly 90 nonprofit corporations over the 
years, including many well-known patriotic, charitable, historical, or 
educational purpose organizations. I share the concems of my colleagues 
that the public may misinterpret the granting of a federal charter as a 
sign of Congressional or governmental approval of an organization. In 
1989, the House Judiciary Committee decided to place a moratorium on 
federal charters. I believe the Committee should examine whether 
Congress should allow existing federal charters to lapse, so that 
Congress is no longer in the business of seeming to endorse private 
organizations.
  Let me reiterate that I believe discrimination on the basis of sexual 
orientation is unacceptable. I will continue to support H.R. 1082, to 
expand federal criminal law protection to extend to sexual orientation, 
and I will continue to work for the enactment of the Employment Non-
Discrimination Act (ENDA). I believe that the Congress must take 
concrete steps to revise government policies that would bring about a 
more inclusive American family, which embraces all of our citizens as 
individuals worthy of equal protection of the law.

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