A gay rights activist has filed a lawsuit against the Department of Defense, seeking to clarify whether Scouting America, formerly known as the Boy Scouts of America, agreed to ban transgender members as part of a deal with the Pentagon. The complaint, lodged in a New York City federal court on Thursday, alleges that conflicting information has been provided by both parties and that the Pentagon is withholding a copy of the agreement.
In February, Defense Secretary Pete Hegseth announced a deal with Scouting America, stating it would refocus the organization away from what he termed "woke" policies. Hegseth had threatened to end the military's longstanding support for the organization if it did not comply within six months, a deadline approaching in late August. He emphasized the organization's stance on transgender youth, suggesting it would require members to adhere to their "biological sex at birth and not gender identity."
However, Scouting America's leadership, including President and CEO Roger Krone, stated in February that the agreement did not alter existing policies regarding transgender youth and that they remain welcome. "We have transgender people in our program and we’ll have transgender people in our program going forward," Krone told The Associated Press.
James Dale, the activist filing the complaint, asserts that both accounts "cannot be true, and the stakes are of profound public importance." He previously filed a Freedom of Information Act request in late March for the memorandum of understanding between Scouting America and the Pentagon concerning the alleged changes. According to his complaint, "The Department has invoked no exemption, produced no record, and missed every deadline." Dale's action aims "to enforce the public’s right to know, before the Department’s August deadline expires."
The Pentagon has declined to comment on the ongoing litigation, referring to a February video from Secretary Hegseth that detailed the changes he claimed the organization was implementing. Scouting America did not immediately respond to requests for comment.
The lawsuit also questions the government's authority to mandate membership acceptance or denial policies for the organization. Dale has a history with Scouting America, having been expelled in 1990 as an Eagle Scout and assistant scoutmaster after his homosexuality was discovered. He sued for discrimination in 1992, but the Supreme Court ultimately ruled that the organization could set its own membership criteria, including exclusions based on sexual orientation.
Dale's complaint argues that "if the Department’s account is true, the federal government has now obtained by contract what the Court once held it could not command by law. And if it is not, then the Department has misled the public about what Scouting America has agreed to do."
The military and Scouting America have a long-standing relationship, including logistical support for events like the National Scout Jamboree and access to military bases for scout activities. The military also maintains ties with Eagle Scouts, many of whom enlist in the armed forces.