New York Boy Scouts hire gay scout despite national policy

The challenge to the national headquarters was laid down by the Boy Scouts’ Greater New York Councils, which announced the hiring of Pascal Tessier. The 18-year-old holder of scouting’s highest rank has been a vocal advocate of opening the 105-year-old organization to gay scouts and leaders.

“We received this application from this young man, and we found him highly qualified on all the merits,” board member Richard G. Mason said by phone. The New York group, like some other local scouting councils, has said before that it is open to employing gays.

“We have an anti-discrimination policy, we believe in it very firmly, and we are executing on it,” Mason said.

The national organization changed its policy in 2013 to allow openly gay youths as scouts, but not adults as leaders, after a bitter debate over its membership policy. The change took effect in January 2014.

Ahead of Thursday’s announcement, Tessier has been getting legal advice from prominent lawyer David Boies, who in 2009 argued before the U.S. Supreme Court for recognition of same-sex marriage.

Boies said it was possible that Tessier’s hiring could lead to litigation between the New York chapter and the BSA’s national headquarters, but he expressed hope it could be avoided.

“We all started this with the idea that the best resolution of this was a resolution based on conciliation and agreement,” Boies said.

“It is certainly a remarkable development because we now have the first openly gay scout leader employed by the Boy Scouts,” he added. “We hope that is the beginning of the end, if you will, of the policy nationwide.”

National BSA leaders, after wrestling with the membership policy in 2012 and 2013, have shown no interest in reopening the discussions.

Former Defense Secretary Robert Gates, who became the BSA’s president in May 2014, said at the time that he personally would have favored ending the ban on gay adults, but he opposed any further debate after the Scouts’ policymaking body upheld the ban. Reopening the issue, Gates said, “would irreparably fracture and perhaps even provoke a formal, permanent split in this movement — with the high likelihood neither side would subsequently survive on its own.”