Tucson, Arizona  Thursday, 11 January 2001
http://www.azstarnet.com/star/today/10111scouts.html

By Howard Fischer
CAPITOL MEDIA SERVICES

PHOENIX - State lawmakers are moving to block cities from denying funds to the Boy Scouts simply because they exclude gays.

The proposal by Rep. Mark Anderson, R-Mesa, would make it illegal for the state or any local government to "discriminate against, investigate or deny or withdraw access to public property" for the Boy Scouts because of "that organization's constitutionally protected expression of beliefs or exercise of associational rights."

The legislation, HB 2403, is a direct outgrowth of moves in Tucson and Tempe to deny funds to the scouts.

Legislators have not been hesitant in recent years to overturn city actions and ordinances. Last year, they targeted and overturned Tucson laws on billboards and gun bans in city parks.

Anderson's bill would also make it illegal to use public funds to compel the Scouts to employ or accept as a member anyone whose sexual orientation, religious beliefs - or absence of religious beliefs - is inconsistent with the organization's "policies, programs, morals or mission."

The city policies and laws followed a decision last year by the U.S. Supreme Court concluding that the scouts, as a private organization, have the right to decide whether gays should be allowed to be members, leaders and volunteers.

In Tempe, the acting city manager moved to deny United Way from soliciting donations from city employees because that organization gave money to the scouts. That action, taken with the support of openly gay Mayor Neil Guiliano, was subsequently rescinded by the City Council after a public outcry. A recall drive against Guiliano still is in the works.

The Tucson City Council voted in September to withhold its $1.7 million annual contribution to the United Way if it continues to fund the scouts. Council members also denied $29,000 in direct donations and directed city staffers to come up with a policy to bar the direct or indirect funding of any organization that discriminates on the basis of race, color, sex, religion, national origin, age, disability, sexual orientation, gender identity, marital status or familial status.

Anderson said he fears that, without legislative intervention, other cities will follow.

"It's a blanket policy that just puts the issue to rest to make it sure we don't want to use public funds to discriminate," he said.

Anderson acknowledged that the Supreme Court said it was the Scouts who are free to discriminate. He said, though, that doesn't mean they should be denied access to public funds.

Anderson conceded that his legislation is crafted so only the Boy Scouts would gain legal protection. He said he would be willing to amend his measure to any group.

That, however, could prohibit a city from refusing to fund a group solely because it catered only to gays or only to atheists.

Anderson said he is willing to live with that possibility in the interest of protecting the Scouts.

To find out more

Rep. Mark Anderson or your legislator can be reached during business hours at the Capitol switchboard's toll-free number: (800) 352-8404
You can follow the progress of HB2403, or find your legislators and their e-mail addresses at:
www.azleg.state.az.us
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