However, the parties deserve, if not a scholarly, at least a prompt decision so that they may take appropriate action. The issue in this case is clear. The Portland, public School District allows the BSA to enter school property during school hours to speak to young boys about scouting. Plaintiff contends that the BSA are a religious organization and that the district's practice violates Article 1, section 5 of the Oregon constitution, our States equivalent of the Establishment of Religion Clause. Plaintiff also contends that the Superintendent of Public Instruction erred when she ruled that the district's practice does not violate the State's establishment clause.
All parties agree that there are no material facts in dispute.
I conclude that the religious aspect of scouting is a very small part of its programs. I also conclude that under any criteria or test that I am aware of the Boy Scouts are not a religious organization for the purposes of the establishment clause of the Oregon Constitution. I am aware of cases throughout the country in which the BSA have earnestly contended that they are a religious organization. In all these cases it was claimed that the BSA were a place of public accommodation and subject to the various State Public Accommodation laws. However the law which applies to establishment cases is clearly different from that which applies to public accommodation cases and what is a religious organization under one set of laws in not under another.