The Santa Barbara County HRC Confronts the Boy Scouts Policy of Discrimination
by Mary O'Gorman, Administrator,
Santa Barbara County Human Relations Commission

Many of us who work in the field of human relations become almost inured to the content of 'textbook' anti-discrimination policies.  We rattle off the words "without regard to race, religion, gender, sexual orientation, age, disability, marital status, socio-economic status and other arbitrary factors" as if a mantra.  Though we may often find the spirit or implementation of those policies lacking in school districts, police agencies or government entities, it is rare that  such bodies are forced to grapple with reconciling such a policy with officially sanctioned, straightforward discrimination.  That changed on June 28, 2000 when the U.S. Supreme Court, in Dale vs. Boy Scouts of America , affirmed the right of the BSA, as a private organization, to exclude homosexuals from its membership. Since that date, events in Santa Barbara County have provided its commission, staff and Board of Supervisors, and the region, with a living example of the challenges of applying a pretty typical 'non-discrimination' policy to real-life organizations and individuals.

At the July 2000 meeting, the Santa Barbara County Human Relations Commission voted to request that staff [me!] research what ties, if any, existed between the Boy Scouts of America and the county.  The charge of the HRC, to recommend that the Board of Supervisors "enact policies and legislation" to confront instances of discrimination and intolerance within Santa Barbara County, seemed to demand that it take action to at least determine the extent of the relationship between the county and the Scouts.

Two months later, on Sept. 21, the Human Relations Commission voted to recommend that the Board of Supervisors "end any and all financial or in-kind support of the Boy Scouts of America".  The discussion that led to the recommendation was volatile, passionate and representative of the emotions that are evoked when the many dimensions of discrimination are revealed.  The HRC's decision was not unanimous - it was a 6-4 decision reflecting the North/South county split.  Several commissioners expressed support for the Scouts and did not agree that excluding homosexuals was any different than a senior citizen's group serving only people over age 65. 

The HRC Office received phone calls and e-mails from Santa Barbara County residents who vehemently supported the Scouts, and some who view the policy against gays as a way to "prevent child molestation" and other ills, which these individuals wrongly associate with gays and lesbians.  We received many comments, some from other community-based groups or progressive individuals, questioning why we were taking on the Boy Scouts, an organization which has undeniably done so much good.  Such questions compelled commissioners and staff to articulate the often uncomfortable and unpopular - yet imperative - challenge of confronting invidious discrimination wherever it manifests and urging public entities to take the lead in enforcing non-discrimination policies.   Anti-discrimination policies do not contain a caveat calling for enforcement only when taking action would be comfortable and non-controversial. If that were the case, the existence of such policies or human relations commissions would be rendered cosmetic and ineffective.

HRC Chairperson Shelly Katz and I presented the HRC recommendation and analysis to the Board of Supervisors on Oct. 16.   Leonard Lanzi, the local CEO for the Los Padres Council Boy Scouts, which serves San Luis Obispo and Santa Barbara counties, addressed the Board.  (It should be noted that the HRC leadership had previously met several times with Mr. Lanzi, in an attempt to understand and perhaps mediate the tensions between the gay community and the local Scouts.  Mr. Lanzi was cordial, and sympathetic, yet committed to the rights of the Boy Scouts to enforce their membership standards.)  During his speech to the Board of Supervisors advocating for the rights of the Scouts to exclude gays, Mr. Lanzi stunned the crowd by stating, "I am gay".  When he finished speaking, Lanzi drew applause from the packed hearing room, mostly individuals who were Scout supporters and who had also come to express support for the Scouts exclusionary membership policy and discourage the supervisors from taking any action.  It was fascinating to observe the paradox of individuals who genuinely appeared to support Mr. Lanzi being equally passionate in their support of the Scouts' policy that would ultimately be the basis of his termination from employment.

At the conclusion of the emotional, often tense four hour hearing, the supervisors referred the matter back to staff [myself, county counsel, county parks, and the county administrator] to review the pertinent contracts and policies as they relate to the Boy Scouts, and to return to the board in January.  The primary issue involves the use of a local parks facility by a Boy Scout troop.  The issue is complicated by the fact that the parents of the boys in that troop have raised funds and contributed to the ongoing renovation of the facility in question.  The county staff and 'Team Boy Scout' has been meeting with community groups and individuals in an attempt to understand and appreciate the issues involved and to resolve the conflicts in the most humane way possible.  Talk about human relations challenges!!

In the interim, within one week of coming out at the Board of Supervisors meeting, Scout CEO Lanzi was decommissioned as a Professional Scouter which left him unqualified to occupy the position of Chief Executive Officer for the local Los Padres BSA Council.  Len Lanzi, who first became a Boy Scout at age 8, had worked for the Scouts for 14 years, and by all accounts had compiled an exemplary record of service.  The local Council terminated Mr. Lanzi's employment on Nov. 14.   Mr. Lanzi filed suit against the Scouts on Dec. 6 in Santa Barbara Superior Court, alleging breach of contract, defamation, employment discrimination, emotional distress and wrongful termination.  In a Dec. 7 press release, the Los Padres Council of the Scouts, in conjunction with the Scouts' national office, reiterated the policy statement that "Boy Scouts of America regards homosexual conduct as inconsistent with the requirements of the Scout Oath to be morally straight and in the Scout Law to be clean in one's speech and actions". The termination of Mr. Lanzi is the first occasion wherein the Scouts have applied their policy to an employee.

Other jurisdictions in California and throughout the United States are taking actions similar to that of our HRC in an attempt to enforce the non-discrimination policies in light of the Boy Scouts policy and actions.  Our experience here in Santa Barbara continues to provide a real-life example of the challenges and human cost involved when discrimination and intolerance force a typical anti-discrimination policy into action.  It has provided an opportunity for our human relations commission to serve its intended purpose of being the voice and messenger for difficult,  and at times, unpopular causes.

For more information on this or on the commission, call 805-884-6802.