I am not certain that this letter is helpful. A fair summary of the recommendation is that congregations which continue to charter (not sponsor) Scout units do so at their own risk. This is, at best, a punt.

First, I too was disappointed in the retreat by BSA on this issue. I also believe that Mr. Gates was wrong when he claimed the position of the Scouts was no longer legally defensible. What was "indefensible" was the potential loss of millions of dollars in support from organizations facing pressure from the LGBT community. BSA also punted, saying it was now up to chartering organizations to make the selection decisions.

The paraphrase of the legal memorandum suggests that First Amendment protection (as in the Hosana Tabor decision) may not be available as Scout leaders are not "ministers" or "enrolled" members of the Synod. But, then again, neither are Sunday School teachers and administrators, teen group volunteers, day school aides, etc. If Scouting isn't a ministry of the church, what is it?

Perhaps it all boils down to the question of whether congregations are prepared to step up to their existing responsibilities to oversee THEIR Scouting programs and properly select and monitor the leadership of THEIR units. (Yes, the chartering church "owns" the unit. Examination of the Annual Charter Agreement makes that clear.)

The Troop and Pack at our church are both more than 25 years old. In those 25 years, the congregation, through its leadership, has carefully monitored the process of selecting leaders and has continuously monitored the programs for doctrine and safety. In those 25 years we have not had a challenge to a decision on leadership roles.

When the original Memorandum of Understanding was adopted by BSA and the LCMS, there was no specific rule regarding the sexual orientation of prospective leaders. Those rules were added later. Today, we have returned to the former status quo. I am confident that congregations will continue to exercise good judgment in selecting leaders of good moral character as in the past.

Will it be Synod's position that the young men (and young women) will be left to find their way within the secular world rather than find shelter in Scout units operated by the LCMS?